Common use of Security Deposit Clause in Contracts

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 36 contracts

Samples: Stock Option Agreement, Stock Option Agreement, Staar Surgical Company

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Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 24 contracts

Samples: CCC Globalcom Corp, A Lease Agreement (Miravant Medical Technologies), Lease Amendment Agreement (Burke Industries Inc /Ca/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth Rent. Should the Agreed Use be amended to accommodate a material change in Paragraph 1.5the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on said change in financial condition. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 15 contracts

Samples: Lease Extension Agreement (Alphatec Holdings, Inc.), Alphatec Holdings, Inc., Cii Financial Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 8 contracts

Samples: Guess Inc Et Al/Ca/, Sublease Agreement (Sciquest Com Inc), Office Lease (Jakks Pacific Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 7 contracts

Samples: Office Sublease (Equinix Inc), Office Lease American (Intermune Pharmaceuticals Inc), Office Lease (Chemdex Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 5 contracts

Samples: Lease (Gsi Technology Inc), Lease (Gsi Technology Inc), Lease (Gsi Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in In Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this This Lease. If II Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including Including attorneys' fees) which Lessor may suffer or incur Incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full lull amount required by this Lease. Any time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in In Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its Its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after alter Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest Interest or other increment Increment for its Its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 4 contracts

Samples: Amexdrug Corp, Amexdrug Corp, Amexdrug Corp

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor 13.1).,Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 4 contracts

Samples: Boyds Wheels Inc, Boyds Wheels Inc, Boyds Wheels Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for LesseeXxxxxx's faithful performance of LesseeXxxxxx's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee Xxxxxx has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of LesseeXxxxxx's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by LessorXxxxxx, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 4 contracts

Samples: Future Media Productions, Future Media Productions, Prolong International Corp

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full tuft amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 4 contracts

Samples: Agreement for Purchase and Sale (Artest Corp), Agreement for Purchase and Sale (Artest Corp), Sublease Agreement (Artest Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Samples: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.), Office Lease Gross (Altris Software Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in In Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 3 contracts

Samples: Details Inc, Details Capital Corp, Details Inc

Security Deposit. Lessee shall deposit with pay to Lessor upon Lessee's execution hereof the Security Deposit set forth specified in Paragraph 1.7 the Agreement, which may be due upon execution of the Agreement, if specified. The Security Deposit shall be held by Lessor (who shall have no obligation to collect or pass through to Lessee any interest thereon) as security for Lessee's ’s faithful performance of the terms and conditions of the applicable Lease, including without limitation Lessee's ’s indemnification obligations under this LeaseSection 12. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)an Event of Default occurs, Lessor may useapply the Security Deposit to payment of its costs, apply expenses and attorney fees in enforcing the terms of the Lease and to indemnify Lessor against any costs, expenses or retain damages sustained by Lessor in connection with the Lease (provided, however, nothing herein contained shall be construed to mean that the recovery of damages by Lessor shall be limited to the amount of the Security Deposit). In the event all or any portion of said the Security Deposit for is applied as aforesaid, Lessee shall deposit additional amounts with Lessor so that the Security Deposit shall always be maintained at the amount specified in the Agreement. At the end of the Lease Term, Lessor shall apply any remaining balance of the Security Deposit to the payment of any amount due monies owed to Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to under the full amount required by this Lease. Any time the Base Rent increases during the term Thereafter, if no Event of this LeaseDefault has occurred and is continuing and Lessee has complied with Section 3, Lessor shall return to Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount any remaining balance of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Security Deposit. Lessee shall deposit pay the Security Deposit to Lessor concurrently with Lessor upon Lessee's execution hereof and delivery of this Lease. Lessor shall hold the Security Deposit set forth in Paragraph 1.7 as security for Lessee's to secure the faithful performance by Lessee of Lessee's obligations under all of the terms, covenants, and conditions of this LeaseLease to be kept and performed by Lessee during the Term hereof. If Lessee fails defaults with respect to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under any provision of this Lease (as defined in Paragraph 13.1)beyond any applicable grace or cure periods, Lessor may (but shall not be required to) use, apply or retain all or any portion part of said this Security Deposit for the payment of rent or any amount due which Lessor may spend by reason of Lessee's default or to reimburse or compensate Lessor for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofof Lessee's default. If Lessor uses or applies all or any portion of said the Security DepositDeposit is so used or applied, Lessee shall shall, within ten (10) days after written request therefore demand therefor, deposit monies cash with Lessor in an amount sufficient to restore said the Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5its original amount. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsfunds, and Lessee shall not be entitled to interest on such deposit. Lessor shallIf Lessee fully and faithfully performs every obligation of Lessee under this Lease, at the expiration Security Deposit or earlier termination of the term hereof and after Lessee has vacated the Premises, return any balance thereof shall be returned to Lessee (or, at Lessor's option, to the last assignee, if any, assignee of Lessee's interests hereunder) within 30 days after the expiration of the Lease Term and after Lessee has vacated the Premises. In the event of termination of Lessor's interest herein)in this Lease, that portion of Lessor shall transfer the Security Deposit not used to Lessor's successor-in-interest, whereupon Lessor shall have no further liability for the return of or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of any accounting for the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Samples: Antenna License Agreement (Go2net Inc), Antenna License Agreement (Infospace Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.113.1 ), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Zytec Corp /Mn/, Zytec Corp /Mn/

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: DCH Technology Inc, DCH Technology Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If lease if Lessee fails to pay Base Rent base rent or other rent or charges due hereunder, or otherwise Defaults defaults under this Lease lease (as defined in Paragraph paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit security deposit for the payment of any amount due Lessor lessor or to reimburse or compensate Lessor lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor lessor may suffer or incur by reason thereof. If Lessor lessor uses or applies all or any portion of said Security Depositsecurity deposit, Lessee lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor lessor sufficient to restore said Security Deposit security deposit to the full amount required by this Leaselease. Any time the Base Rent base rent increases during the term of this Leaselease, Lessee lessee shall, upon written request from Lessorlessor, deposit additional monies with Lessor lessor as an addition to the Security Deposit security deposit so that the total amount of the Security Deposit security deposit shall at all times bear the same proportion to the then current Base Rent base rent as the initial Security Deposit security deposit bears to the initial Base Rent base rent set forth in Paragraph paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit security deposit separate from its general accounts. Lessor , lessor shall, at the expiration or earlier termination of the term hereof and after Lessee lessee has vacated the Premisespremises, return to Lessee lessee (or, at Lessorlessor's option, to the last assignee, if any, of Lesseelessee's interest herein), that portion of the Security Deposit security deposit not used or applied by Lessorlessor. Unless otherwise expressly agreed in writing by Lessorlessor, no part of the Security Deposit security deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee lessee under this Leaselease.

Appears in 2 contracts

Samples: Futon World Inc, Futon World Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorneys fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (3dshopping Com), Innovacom Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall shall, within ten (10) days after written request therefore therefor, deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Modtech Inc, Modtech Inc

Security Deposit. The Lessee shall agrees to deposit a security deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance under the Lease and by law. Lessee acknowledges that the security deposit may not be maintained by the Lessor and may be used to pay expenses of the property owner or paid to the property owner. The Lessee agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. At the expiration of the lease term Lessor may apply the security deposit for past due rent, fees, utilities, and/or the cost of repairing damage beyond reasonable wear and tear to the Premises. Also, abandonment or vacating of the Premises by Lessee before the end of the term of the lease shall result in Lessor deducting damages he/she has incurred from the security deposit. Each Lessee shall be jointly and severally responsible for all losses incurred by Lessor occasioned by the tenancy. Lessee agrees to provide Lessor, in writing, a forwarding address upon vacating the Premises. Lessor agrees to return to the Lessee the security deposit, or whatever part has not been applied in payment of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderthe lease, or otherwise Defaults under this Lease within thirty (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (1030) days after written request therefore deposit monies with Lessor sufficient expiration of the lease or delivery of possession of the Premises to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition whichever is last to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5occur. Lessor shall not All deductions will be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed itemized in writing by Lessor, no part . Lessor may seek damages in excess of the Security Deposit shall be considered security deposit and Lessee agrees to be held in trust, to bear interest or other increment for its use, or to be prepayment reimburse Lessor for any monies rent, fees, utilities due and/or damages exceeding the security deposit. One check will be issued for the return of security deposit funds and the check will be issued to all Lessees unless there are more than three lessees, in which case the Lessees will designate one Lessee to whom the check will be paid by Lessee under this Leaseissued.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all of or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Anda Networks Inc, Anda Networks Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Arterial Vascular Engineering Inc, Arterial Vascular Engineering Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request MULTI-TENANT -- MODIFIED NET (C)American Industrial Real Estate Association 1993 Initials:________ ________ 4 from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Metacreations Corp, Metacreations Corp

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Spectratek Technologies Inc, Phoenix International Life Sciences Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposits for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor Lessors uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Pets Com Inc, Pets Com Inc

Security Deposit. Lessee shall Lessor hereby acknowledges the receipt of security deposit with Lessor upon Lessee's execution hereof in the sum of <<Security Deposit set forth Charges>>, as a deposit in Paragraph 1.7 the event of damages incurred to the premises as a result of the negligence or any willful acts of the Lessee or his/her guests, as a cleaning deposit, and a security for Lessee's faithful performance of Lessee's obligations under this Leasedeposit. If Lessee fails a holding deposit was paid prior to pay Base Rent or other the lease signing, the full sum of the holding deposit is transferred to the security deposit. The security deposit is not to be considered as rent or as liquidated damages for destruction of property during the lease term, but is to be held throughout the duration of the lease term and returned to the Lessee(s) upon the expiration of the term should all rent be paid on time, no damages incurred, no unpaid fines or utility bills are incurred, the vacated premises is clean, and keys are returned. If Lessee(s) are delinquent in paying rent or damages are found at Premises, Lessor has, at its sole discretion, the right to use all or part of the security deposit toward monies owed to Lessor. Additional charges due hereunderbeyond the amount of the security deposit will be billed to the Lessee(s). Security deposits will be returned within forty-five (45) days once the premises is vacated, keys are returned, inspection is completed for damages and cleanliness, and lease is terminated. If repairs, cleaning, or otherwise Defaults under this Lease additional lease payments are needed, an itemized statement of the deductions will be sent with the security deposit or xxxx to the last known address of Lessee(s). If the cost to repair exceeds the security deposit, the deposit return will be extended to sixty (as defined in Paragraph 13.160) days. Any assessment not covered by the security deposit will be invoiced to Lessee(s), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' feeswhich Lessee(s) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall will pay within ten (10) calendar days. Accounts not paid within 15 days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part date of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return invoice are subject to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasea 5% monthly finance charge.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.118.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the tile Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Supergen Inc, Supergen Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor In an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, Increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such Increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit shall security deposit held by Lessor shell at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's optionoptions, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Samples: Lease Agreement (San Diego Soccer Development Corp), Standard Office Lease (San Diego Soccer Development Corp)

Security Deposit. Upon execution of this Lease Contract, Lessee shall agrees to deposit with Lessor, the receipt of which is hereby Acknowledged, the sum of $100.00. This deposit, which is non-interest bearing, is to be held by the Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's the full and faithful performance of all of the terms and conditions of this lease and shall be forfeited upon the violation or default of any of the covenants, agreements, terms or conditions herein made, assumed, or agreed to by Lessee's obligations under . Upon Lessee’s return of the asset at the termination of this Leaselease, payment of all rent due and owing in accordance with the terms of this lease and the surrender of all keys at the office of Lessor, Lessee shall be entitled to the return of said security deposit provided the leased asset is returned in as good condition as it was at the time the Lessee first took same. If Deductions will be made from this security deposit to reimburse Lessor for the cost of repairing any damage to the asset or equipment or replace or pay for any of the articles or equipment that may be broken, damaged beyond repair, lost or missing at the termination of the lease. Lessee fails agrees to deliver the asset clean and free of trash at the termination of this lease. In the event that such damages exceed the amount of the security deposit, Lessee agrees to pay Base Rent or other rent or charges due hereunderany excess cost to Lessor. This security deposit is not an advance rental, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor and Lessee may use, apply or retain all or not deduct any portion of said Security Deposit for the payment of any amount security deposit from the rent due to Lessor or to reimburse or compensate by Lessee. Lessor for any liabilityagrees that, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies provided all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term terms and conditions of this Leaselease are complied with, Lessee shall, upon written request from Lessor, Lessor will refund the security deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (orafter the asset has been returned, at Lessor's optionall keys returned, to and the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied asset has been inspected by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Louisiana Rural, louisianaambulancealliance.org

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by direct proximate reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with moneys wit Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Ddi Corp, Details Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, shall at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), ) that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Homestead Com Inc, Homestead Com Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leaselease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Single Tenant Lease (Microage Inc /De/), Southwall Technologies Inc /De/

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Telephone (Formfactor Inc), Formfactor Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposit, for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those melts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: American Custom Components Inc, American Custom Components Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Addendum One (Gametech International Inc), Lease Agreement (Gametech International Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges changes due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Emmaus Holdings, Inc., Emmaus Holdings, Inc.

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $5472.88 as security for Lessee's faithful performance of Lessee's Lessees obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any other provision of this Lease (as defined in Paragraph 13.1)lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent, change for repair(s), cleaning, or replacement of damaged equipment, or other charge in default, or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 4.1. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessees obligations, at the expiration said deposit or earlier termination so much thereof as has not theretofore been applied by lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Samples: Quadrax Corp, Quadrax Corp

Security Deposit. Upon execution of this Lease, Lessee shall ---------------- deposit the amount specified in the Summary as a security deposit ("Security Deposit"), with Lessor upon Lessee's execution hereof the Lessor. The Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of shall secure Lessee's obligations under this LeaseLease to pay Rent and other monetary amounts, to maintain the Premises and repair damages thereto, to surrender the Premises to Lessor in clean condition and repair upon termination of this Lease and to discharge Lessee's other obligations hereunder. If Lessee fails to pay Base Rent or other rent or charges due perform Lessee's obligations hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lessor may, Lessor may usebut without any obligation to do so, apply or retain all or any portion of said the Security Deposit for the payment towards fulfillment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofLessee's unperformed obligations. If Lessor uses or applies all or does so apply any portion potion of said the Security Deposit, Lessee Lessee, upon demand by Lessor, shall within ten (10) days after written request therefore deposit monies with immediately pay Lessor a sufficient amount in cash to restore said the Security Deposit to the full original amount. Lessee's failure to forthwith remit to Lessor an amount required in cash sufficient to restore the Security Deposit to the original sum deposited within five (5) days after receipt of such demand shall constitute an Event of Default defined in Article 17). The Security Deposit shall be held by this LeaseLessor with liability for interest at the annual rate or five and one-half percent (5.5%) for the time such deposit is held by Lessor. Any time Lessor is entitled to commingle the Base Rent increases during security deposits with its own funds and the term Lessor is not to be deemed a trustee of fiduciary for Lessee in respect of the security deposit. Upon termination of this Lease, if Lessee shallhas then performed all of Lessee's obligations hereunder, upon written request Lessor shall return the Security Deposit to Lessee. If Lessor sells or otherwise transfers Lessor's right or interest under this Lease, Lessor may deliver the Security Deposit to the transferee, whereupon Lessor shall be released from Lessor, deposit additional monies any further liability to Lessee with Lessor as an addition respect to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Samples: Office Lease (Ticketmaster Online Citysearch Inc), Office Lease (Citysearch Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderafter any applicable cure period, or otherwise Defaults Breaches under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases during Agreed Use be amended to accommodate a material change in the term business of this LeaseLessee or to accommodate a sublessee or assignee, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition shall have the right to increase the Security Deposit so to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent Premises may suffer as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5a result thereof. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of this Lease, if Lessor elects to apply the term hereof Security Deposit only to unpaid Rent, and otherwise within thirty (30) days after Lessee has the Premises have been vacated the Premisespursuant to Paragraph 7.4(c) below, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Samples: Equinix Inc, Equinix Inc

Security Deposit. Upon signature of this Lease by the Lessee, the Lessee must provide the Lessor with a security deposit in the amount of Ten Thousand Dollars ($10,000.00) including G.S.T. and Q.S.T., (the “Security Deposit”). The Security Deposit is payable by certified cheque. The Lessor shall deposit with Lessor upon Lessee's execution hereof hold the Security Deposit set forth in Paragraph 1.7 as security for the complete fulfilment of all of the Lessee's faithful performance of Lessee's ’s obligations under this the Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases at anytime during the term Term, an amount for which the Lessee is responsible in virtue of this Leasethe Lease is not paid when due, Lessee shallthe Lessor may, upon written request from Lessorat its option and total discretion, deposit additional monies with Lessor as an in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit so that or any part thereof towards the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the amount for which the Lessee is responsible, including expenses in this respect, the whole without prejudice to its other rights or remedies in virtue of the Lease or by law. In such event, the Lessee must, within five (5) days following the Lessor’s written demand, remit to the Lessor the necessary amount that will restore the Security Deposit separate to the amount initially deposited. If the Security Deposit or any part thereof is less than the amount or any part of the amount for which the Lessee is responsible in virtue of the Lease, the Lessee must pay any difference and must indemnify and save harmless the Lessor from all responsibility in this respect. However, the Lessor may, at its general accountsoption and total discretion and without prejudice to its other rights or remedies in virtue of the Lease or by law, pay the amount or any part of the amount that exceeds the Security Deposit or any part thereof, and in such event, the Lessee must reimburse the Lessor any excess, including expenses in this respect, within five (5) days following the Lessor’s written demand. If the Lessee is not in default at the expiration of the Term, and if the Premises are surrendered to the Lessor shallin accordance with the Lease, the Security Deposit or any part thereof still remaining shall be returned to the Lessee within thirty (30) five (5) days following the expiration of the Term. If the Premises are not surrendered to the Lessor in accordance with the Lease, and if the Lessor must clean and/or repair the Premises or remove Lessee’s signage and repair the Building in consequence thereof, at the expiration or earlier termination of the term hereof Term, the Lessor may, at its option and after Lessee has vacated total discretion, in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit or any part thereof still remaining towards any expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises. If the Security Deposit or any part thereof still remaining is less than the expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises, return to the Lessee (or, at Lessor's option, must pay to the last assignee, if any, of Lessee's interest herein), that portion Lessor any difference within five (5) days following the Lessor’s written demand. In the event of the Security Deposit not used early termination or applied cancellation of this Lease or any extension or renewal thereof prior to the contractual termination date by either the Lessee or the Lessor and/or any third party, then any prepaid rent or sums remitted to the Lessor as security shall become the sole property of the Lessor without prejudice to the Lessor’s claim for accelerated rent or damages or other sums due. Unless otherwise expressly agreed in writing Any and all references to: expenses incurred by the Lessor, no part in this present article and/or anywhere else in the Lease shall be interpreted as follows: “Expenses incurred by the Lessor” include, without restriction, the sums spent by the Lessor for the cleaning and/or the repairing of the Security Deposit shall be considered Premises, the expenses in this respect, as well as an administration fee equal to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasefifteen percent (15%).

Appears in 2 contracts

Samples: Lease Agreement (DAVIDsTEA Inc.), Lease Agreement (DAVIDsTEA Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor lessor may suffer or incur by reason thereof. If Lessor lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Diamond Entertainment Corp

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition sufficient to the Security Deposit so that the total amount of the Security Deposit shall at all times bear maintain the same proportion to ratio between the then current Base Rent security deposit and the base rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease. Upon Lessee's completion of tenant improvements, Lessor, at Lessor's sole discretion, may refund one month of the security deposit provided Lessee is not in default, Lessor will . . .

Appears in 1 contract

Samples: Vitria Technology Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Samples: Standard Office Lease (Axesstel Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, hereunder or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, ,Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, Premises return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Lease Agreement (American Materials & Technologies Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease Lese (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, cost expense, loss or damage (including attorneys' Including attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, . Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear boar the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Willis Lease Finance Corp

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1see Section 14.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) 10 days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases Agreed Use be amended to accommodate a material change in the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor’s reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the term financial condition of this LeaseLessee is, in Lessor’s reasonable judgment, significantly reduced, Lessee shall, upon written request from Lessor, shall deposit such additional monies with Lessor as an addition shall be sufficient to cause the Security Deposit so that the total amount of the Security Deposit shall to be at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth a commercially reasonable level based on such change in Paragraph 1.5financial condition. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within 30 days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisesthis Lease, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Vital Therapies Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. , Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: North American Scientific Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofhereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), ) that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Microtel International Inc

Security Deposit. Upon execution of this Lease by Lessee. Lessee shall will pay a security deposit with Lessor upon Lessee's execution hereof in an amount of $1,550.00 which is equal to one (1) --------- times the Security Deposit set forth in Paragraph 1.7 monthly rent plus a services deposit of Two Hundred Fifty Dollars ($250.00) as security for Lessee's faithful the performance by Lessee of Lessee's its obligations under this Lease. The security deposit will not be interest-bearing to Lessee. Lessor will retain the security deposit during Lessee's tenancy. Lessee shall not apply the security deposit as rent. If Lessee fails to pay Base Rent or other rent or charges due hereunderremains in the Premises after the expiration date of this Lease, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), the security deposit will be retained by Lessor until Lessee moves out of the Premises. Lessor may use, apply or claim and retain all or such amount of Lessee's security deposit as is reasonable necessary to remedy any portion defaults of said Security Deposit for the Lessee in the payment of any amount due Lessor rent or services, to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit repair damages to the full amount required Premises caused by this Lease. Any the Lessee, replacement of keys and any other outstanding obligations to Lessor, and Lessor may, at its option and at any time the Base Rent increases during the term of this Lease, treat the security deposit as a partial payment applied toward Lessee's obligation for the Premises during Lessee's last month of occupancy of the same. The parties expressly agree that the security deposit is made for all of the aforesaid specific purposes. At all times Lessee shall, upon written request from Lessor, shall maintain a security deposit additional monies with Lessor in an amount equal to one (1) times the monthly rent paid by Lessee for the Premises rent plus a services deposit of Two Hundred Fifty Dollars ($250.00). Lessor shall xxxx Lessee for any such additional security deposit as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent required. Lessor will refund Lessee's security deposit, less any offsets as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep this paragraph, approximately thirty (30) days after Lessee's tenancy has terminated and Lessee's has vacated, returned keys and removed any and all or any part items of the Security Deposit separate personal property from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Netflix Com Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lesseelessee's execution hereof the Security Deposit as set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expenseexpense including but not limited to the cleaning of the Premises after Lessee vacates, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Canmax Inc /Wy/

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. See Addendum Paragraph 66.

Appears in 1 contract

Samples: Pharmchem Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, hereunder or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment at any rent or other charge in default for the payment of any amount due other sum to which Lessor may become obligated by reason of Lessee's default. or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all ail or any portion of said Security Deposit, deposit. Lessee shall within ten (10) days after alter written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to 10 the initial Base Rent Sent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned. without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, or at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Samples: Synthonics Technologies Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Software Technologies Corp/

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderhereunder and such failure continues after expiration of any applicable notice and cure period, or if Lessee otherwise Defaults commits a Breach under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorneys fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this LeaseLease (including Paragraph 49 of the Addendum), Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Graham Field Health Products Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessorlessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Zomax Optical Media Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof ---------------- the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1), Lessor Lease. lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all al or any portion of said Security Deposit, Lessee shall deposit. Leases ___ all within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount in required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5. paragraph 1.6 of the Basic Lease Provisions, Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. If Lessor shallperforms all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.interest

Appears in 1 contract

Samples: Office Lease (Embedded Support Tools Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified In the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Hawker Pacific Aerospace)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If , if Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee . Lease shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessorlessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Skechers Usa Inc)

Security Deposit. Lessee shall deposit with Lessor Lessor, upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Letter Agreement (Cmgi Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 1.2 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears bear to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered consider to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Ciphergen Biosystems Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or of charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion potion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisespremises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Jumpmusic Com Inc

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Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 sum of Fifteen Thousand Dollars ($15,000) as a security deposit as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Monthly Base Rent Rent, Additional Rent, or other rent or charges due hereunder, or otherwise Defaults defaults under this Lease (as default is defined in Paragraph 13.122), Lessor may use, apply or retain all or any portion of said Security Deposit the security deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Depositthe security deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit the security deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part part, of the Security Deposit security deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisespremises, return to Lessee (or, at LessorLessee's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit security deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit security deposit shall be considered to be held in trust, to bear interest or other increment for of its use, or to be prepayment for any monies moneys to be paid by Lessee lessee under this Leaselease.

Appears in 1 contract

Samples: Lease (Novellus Systems Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in In Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur Incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in In Paragraph 1.51.6. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if If any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in In writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Tangible Asset Gallaries Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, liability cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, should upon written request from Lessor, Lessor deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its 4 general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by LessorLessee, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment *** for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Consolidated Capital of North America Inc

Security Deposit. Lessee shall pay a security deposit to Lessor in the sum of «Monthly_Rent» due and payable concurrent with Lessor upon the execution of this Lease Agreement. The security deposit is set aside to secure Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful ’s performance of Lessee's obligations each and every covenant and agreement to be performed by Lessee(s) under this Leasethe Lease Agreement. If Lessee fails shall be held fully responsible for any and all damages done to pay Base Rent the demised premises, fixtures, furnishings, equipment, or other rent or charges due hereunderproperty belonging to Lessor, except for normal wear and tear, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)to any part of Lessor’s property caused at any time by misuse, Lessor may usecarelessness or negligence on the part of the Lessee, apply or retain all the other Lessees or any portion member of said Security Deposit any Lessee’s family or any invitees of any Lessee. Such liability shall be joint and several. Said security shall be placed and held, for the payment duration of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, in an account at an FDIC insured banking institution in Champaign County, Illinois. Said account may, at Lessor’s option, unless otherwise required by law, be an interest bearing account. Where required by law or local ordinance, Lessor shall pay to Lessee shallinterest on Lessee’s security deposit funds as prescribed and in the manner mandated by said law or local ordinance. After termination of the lease term or any renewal thereof and upon inspection of vacated premises, upon written request from Lessorshould Lessor find no damages beyond normal wear and tear, and Lessee(s) is not in default, then the deposit shall be returned to Lessees with the issuance of a single check drafted and mailed to: Security Deposit Recipient Recipient’s Permanent Address (United States Address Only) The Security deposit recipient hereby assumes the responsibility of distributing the deposit to the other named Lessees as appropriate. In the event Lessor shall find damages beyond normal wear and tear, the cost of the repair or replacement shall be that of Lessee and the deposit herein shall apply towards the cost of such repair or replacement, but in no case shall the amount of the deposit herein restrict the right of Lessor to proceed for additional monies with damages. Any and all notices, estimates, invoices and bills concerning the application of any of the security deposit to the payment of damages, whether required by State law or local ordinance may be mailed by Lessor only to said Security Deposit Recipient who is hereby appointed by each of the undersigned as the agent for all Lessees for all such purposes. All security deposit return inquires or disputes must be submitted in writing to the leasing office at 000 X. Xxxxx Xxxxxx, Xxxxxxxxx, XX 00000. Lessee expressly agrees that this security deposit shall at no time during the lease term or renewal thereof be deemed or construed as an advance payment of rent for any month of the lease term, including specifically the last month’s rent. Such deposit shall not affect the right of Lessor to commence legal action for payment of rent due in the event of non-payment of rent or for breach of any other covenant under this lease. Lessee further agrees that in the event Lessee breaches this lease by failure to pay rent, or by failure to perform any of the other terms, covenants, or conditions contained herein, Lessor may apply the deposit towards the damage sustained by Lessor arising out of such breach in addition to the Security Deposit so that application of same to physical damages to the total amount Leased Premises. The right of Lessor to apply the deposit shall in no way affect Lessor’s right or ability to proceed against Lessee for the collection of additional damages sustained by Lessor arising out of the Security Deposit shall at all times bear breach of the same proportion lease or for the damages done to the then current Base Rent as Leased Premises by and through Lessee. The refund of the initial Security Deposit bears deposit is subject to the initial Base Rent set forth following:  The full term of the Lease and/or any extension thereof shall have expired.  There is no damage to Leased Premises or to Lessor’s property except normal wear and tear.  The entire Leased Premises, including range, refrigerator, kitchen, bath, closets, all drawers, etc. shall be clean.  No tape or adhesive fastener marks are left on the painted walls.  There are no unpaid late charges, maintenance charges, or delinquent rent.  All issued keys and security entry devices have been returned.  All debris, rubbish and discards have been removed from the Leased Premises.  All personal belongings and furnishings have been removed from the Leased Premises.  Correct forwarding address has been left with the Agent.  There has been full compliance by Lessee with all lease terms, covenants, and Leased Premises rules. Lessee will be invoiced for the actual cost of furniture and carpet cleaning of all carpets in Paragraph 1.5. Lessor shall not be required to keep all the Leased Premises by an independent professional upon the expiration of this lease, or any part extension thereof. Xxxxxx Realty, Inc. (“Xxxxxx”) as well as other contractors perform cleaning, maintenance, repair and similar services at Owners property, including the Leased Premises. Lessee acknowledges that with respect to cleaning charges Xxxxxx maintains a schedule of flat rate charges for the Security Deposit separate most common and recurring cleaning tasks. Lessee further acknowledges that this schedule is available for inspection at Roland’s offices during regular business hours. Lessee understands and agrees to pay cleaning charges incurred with respect to the Leased Premises to Lessor in accordance with this schedule. Lessee further agrees that any work not specifically provided for on the schedule (cleaning not on the schedule, maintenance, repair or other charges) and incurred with respect to the Leased Premises will be billed to and paid by Lessee in the sum billed to Lessor by Xxxxxx or other contractors performing such services. Any notice required from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, in connection with this Lease shall be emailed to the address provided to the Lessor on the Tenant Data Form. Any notices sent from Lessor by email shall be considered valid and effective upon transmission to the last assignee, if any, of such email address provided by Lessee's interest herein), that portion . Lessee is responsible to provide Lessor with his/her current email address during the term of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Apartment Lease

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), herein),within ten (10) days that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Service Agreement (Releasenow Com Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, cost expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within with ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by LessorLessor , no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.. (See Addendum, Paragraph #52)

Appears in 1 contract

Samples: Objectshare Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Aetrium Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.11 3.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Bikers Dream Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of or Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Lessor and Lessee (Livingston Enterprises Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofhereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Exodus Sublease (Exodus Communications Inc)

Security Deposit. a. Lessee shall deposit with Lessor upon $16,884.00, or the equivalent of two months rent, in good or certified funds with a domestic bank, as a non-interest bearing security deposit. Lessor may use the security deposit to cure any default of Lessee under this Agreement, restore the Premises including any and all furniture, fixtures and equipment provided by Lessor and vendors at the Premises to their original condition and configuration, reasonable wear and tear excepted, to pay for repairs to any damage to the Premises, Executive Suite or Building, caused by Lessee or Lessee's execution hereof guests, to pay any rent or other charges which Lessee owes Lessor at or prior to the Security Deposit set forth expiration of this Agreement, and to reimburse Lessor for costs or expenses arising from any other obligation of Lessee which Lessee has failed to perform. If Lessor transfers control or ownership of the Premises and Lessor transfers the security deposit to such purchaser, Lessee will look solely to the new Lessor for the return of the security deposit, and the Lessor named in Paragraph 1.7 as this Agreement shall be released from all liability for the return of the security for deposit. b. The security deposit (less any sums used by Lessor in accordance with the terms and conditions of this Agreement) will be returned within sixty (60) days after the termination of any services rendered or expiration of the term hereof. The security deposit shall not under any circumstance be applied in lieu of be the final payment(s) of Fixed Monthly Rental charges or service charges under this Agreement. c. In the event that, by reason of the Lessee's faithful performance of Lessee's default in its obligations under pursuant to this Lease. If Lessee fails Agreement or otherwise, including but not limited to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of the Fixed Monthly Rental Charge, any amount amounts due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If of the Lessee's use of additional services hereto and/or by reason of the Lessee's use of telephone services as supplied pursuant to this Agreement, Lessor uses shall be entitled to apply any of the security deposited pursuant to this Agreement to any outstanding sums due or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit owing to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. and Lessor shall not have the right to charge the Lessee, as additional rent, such sums as are necessary to replenish any and all amounts applied so as to cause the security to be required returned to keep all or any part of its entire amount. The failure to pay such amounts as are necessary to replenish the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit security shall be considered a breach of this Agreement and shall entitle the Lessor to be held in trust, exercise any of its rights pursuant to bear interest this Agreement or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leaseotherwise.

Appears in 1 contract

Samples: Lease and Service Agreement (U S Digital Communications Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 (“Security Deposit”) as security for Lessee's ’s faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under Breaches this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereof which application shall cure the subject Default to the extent of such application. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) 20 days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases during Agreed Use be amended to accommodate a material change in the term business of this LeaseLessee or to accommodate a sublessee or assignee, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition shall have the right to increase the Security Deposit so to the extent necessary, in Lessor’s reasonable judgment, to account for any increased wear and tear that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent Premises may suffer as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5a result thereof. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within forty-five (45) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisesthis Lease, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Tandem Diabetes Care Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for LesseeXxxxxx's faithful performance of LesseeXxxxxx's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, hereunder or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Leaselease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee Xxxxxx has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of LesseeXxxxxx's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by LessorXxxxxx, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: BGF Industries Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Southwall Technologies Inc /De/

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ---------------- execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at LessorLessee's optionrequest, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held hold in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Improvement Agreement (Spectrian Corp /Ca/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in In Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur Incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten ton (10) days after written request therefore deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any My time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the slime ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its Its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in In writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Invivo Corp

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leaselease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. paragraph 1.5 Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or of earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Myo Diagnostics Inc

Security Deposit. Lessee shall deposit with Lessor, and Lessor upon Lessee's execution hereof shall hold, the sum of One Hundred Eighty Five Thousand Nine Hundred Forty Seven and 35/100 Dollars ($185,984.34) (the “Security Deposit set forth in Paragraph 1.7 Deposit”), as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this LeaseLease including, but not limited to, the payment of rent when due, the repair of any damage to the Premises caused by Lessee, and the surrender of the Premises to Lessor on the expiration or sooner termination of the term in a clean condition, and otherwise in the condition required by Paragraph 14. If Lessee fails to pay Monthly Base Rent or Additional Rent or any other rent or charges due hereunderhereunder within applicable notice and cure periods, or otherwise Defaults if Lessee fails to surrender possession of the Premises on the expiration date or earlier termination date of the term in the condition required by Paragraph 14, or if there is an Event of Default under this Lease (as defined in Paragraph 13.122), Lessor may use, apply or retain all or any portion of said Security Deposit to the extent reasonably necessary to cure the breach, for the payment of any amount due Lessor or Lessor, and to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. Notwithstanding anything to the contrary herein, the Security Deposit may be retained and applied by Lessor (a) to offset rent which is unpaid either before or after termination of this Lease, and (b) against other damages suffered by Lessor before or after termination of this Lease. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) business days after written request therefore therefor deposit monies with Lessor the amount sufficient to restore said the Security Deposit to the full original amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Lease (Intersect ENT, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Dental Medical Diagnostic Systems Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.G of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Samples: Sublease Agreement (Intervu Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or of incur by reason thereof. If Lessor [ILLEGIBLE] uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment Increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.. Initials: [ILLEGIBLE]

Appears in 1 contract

Samples: Lease Agreement (Quality Systems Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's Lessees faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5i .5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if anyarty, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Sonicport Com

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If It Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to (the then current Base Rent as the initial Security Deposit deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or of earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Embedded Support Tools Corp

Security Deposit. Lessee shall agrees to make a security deposit with Lessor upon Lessee's execution hereof in the Security Deposit amount, if any, set forth in Paragraph 1.7 the Lease Schedule prior to or concurrent with the date of delivery, which security deposit Lessor may commingle freely with other monies in its possession; however, at any time upon request of Lessee, Lessor shall provide Lessee a statement as to sums presently on deposit. Lessor may, at its election, use any portion of the security for Lessee's faithful performance deposit to satisfy any of Lessee's obligations under this Lease. If Lessee fails hereunder including but not limited to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of Rent when due, the reimbursement to Lessor of any amount due sums paid by Lessor or to reimburse or compensate Lessor for any liabilitywhich under the terms of this Lease are the obligations of Lessee, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion and the repair of Equipment upon expiration of the term of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases If, during the term of this Lease, it is necessary for Lessor to make payments on behalf of Lessee shallto satisfy any of Lessee's obligations hereunder, upon written request Lessee shall repay the amount of such payment plus a finance charge computed at the rate of eighteen percent (18%) per anum compounded monthly from Lessor, deposit additional monies with Lessor as an addition the date of payment to the date of reimbursement (or other such maximum under applicable law) to the Security Deposit so that on demand but in no event later than the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base next Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5payment due date. Lessor shall not be required credit that amount to keep all or any part of the Security Deposit separate from its general accountssecurity deposit in Lessee's name. Lessor shall, at the expiration or earlier Upon termination of the term hereof and Lease term, after Lessee Lessor or its agent has vacated inspected the PremisesEquipment, return Lessor will either make full payment to Lessee (or, at Lessor's option, of the security deposit without interest or pay to the last assignee, if any, of Lessee such sums as remain credited to said security deposit after Lessor has fulfilled Lessee's interest herein), that portion obligation to return the Equipment in the manner specified. A statement of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part actual cost of the Security Deposit shall be considered to be held in trust, to bear interest such repairs or other increment for its use, necessary maintenance or to be prepayment for parts shall accompany any monies to be paid by Lessee under this Leasesuch payment.

Appears in 1 contract

Samples: Master Lease Agreement (Planetcad Inc)

Security Deposit. Lessee shall At the execution of this Dwelling Lease Agreement, Xxxxxx agrees to pay and deposit with Lessor upon Lesseethe WHA the sum of $ to be held by the WHA and which may be applied at the option of the WHA to the payment of accrued rent, to the amount of any damages which the WHA may suffer by reason of Tenant's execution hereof damage to the Security Deposit set forth in Paragraph 1.7 property, reasonable wear and tear excepted, and/or noncompliance with K.S.A. 58-2555, as security for Lessee's faithful performance amended, of Lesseethe Kansas Residential Tenant and Landlord Act, and Tenant's obligations under the terms of this LeaseDwelling Lease Agreement. The payment of the security deposit may be made in full or by payments of $ upon occupancy and $ per month for the succeeding months until paid in full. If Lessee fails the WHA proposes to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all the security deposit or any portion thereof for expenses, damage or other legally-allowable charges under the provisions of said Security Deposit for this Dwelling Lease Agreement, other than rent, the payment WHA shall return the balance of any amount due Lessor or the security deposit with interest to reimburse or compensate Lessor for any liability, cost, expense, loss or damage Tenant within fourteen (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (1014) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to determination of the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of such expenses, damages, or other charges, and in any event not later than thirty (30) days after the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof tenancy, delivery of possession and demand by Tenant. If Tenant does not make such demand within thirty (30) days after Lessee has vacated the Premisestermination of the tenancy, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), WHA shall mail that portion of the Security Deposit security deposit due the Tenant to Xxxxxx's last known address. Tenant shall not used apply or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part deduct any portion of the Security Deposit security deposit from the last month's rent or use or apply such security deposit at any time in lieu of payment of rent. It is agreed if Tenant attempts to do so, the security deposit shall be considered to be held in trustforfeited and Tenant shall pay WHA the rent due as if the deposit had not been applied or deducted from the rent. If WHA retains the security deposit or any portion thereof, to bear interest or WHA will give Tenant a written statement of any such costs for damages and/or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasecharges.

Appears in 1 contract

Samples: Dwelling Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security Security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term Term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination Termination of the term Term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease. NOTE: Security Deposit shall not be applied toward the last month's rent. In no event shall the Security Deposit on hand be less than an amount equal to the then current months rent.

Appears in 1 contract

Samples: Worldwide Medical Corp/Ca/

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten twenty (1020) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. 6.

Appears in 1 contract

Samples: Mossimo Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's its obligations under this the Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderafter the expiration of any applicable notice and/or cure period, or otherwise Defaults Breaches under this Lease (as defined in Paragraph 13.1)the Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten thirty (1030) days after written request therefore therefor to deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this the Lease. Any time Lessee’s failure to deposit the Base Rent increases during monies in accordance with this Paragraph 5 shall constitute a Breach under the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts, but shall be required to keep it in an interest bearing account. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneeLease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under the Lease. Nothing in this Leaseparagraph shall be deemed to limit the amount of any claim, demand or cause of action of Lessor against Lessee under the provisions of the Lease or require Lessor to apply the Security Deposit in any way.

Appears in 1 contract

Samples: Single Tenant Lease (Transdigm Holding Co)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease,. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment payments of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent base rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Skechers Usa Inc

Security Deposit. Lessee shall deposit with Lessor Lessor, upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term signing of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor the sum of (equal to one month rent) Dollars as an addition to the a Security Deposit so that to assure the total amount performance by Lessee of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5terms and conditions of this Lease. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that No portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered as a substitute for, or in lieu of, any rental installment due hereunder or any other charges currently payable by Lessee during the term of this Lease. Upon termination of this Lease, Lessor may apply the Security Deposit to be held in trustpayment of past due rent, to bear interest payment of damages that Lessor has suffered by reason of Lessee's non-compliance with Section 5321.05 of the Ohio Revised Code, and to payment for damages caused by Lessee's non- compliance with the terms of this Lease. Such damages shall include payment for restoration of extraordinary wear and tear, broken windows, damages to walls, stains on carpets, the cleaning and/or repairing of appliances, and such other damages as shall have occurred during or other increment for its useare attributable to Lessee's tenancy. The Security Deposit, or the balance thereof after deduction for the payments provided for herein, shall be refunded to be prepayment Lessee within thirty (30) days after termination of the Lease and delivery of possession to Lessor, provided that the Lessee shall have delivered to Lessor written notice of Lessee's forwarding address. Lessor shall provide Lessee with a written account of amounts deducted from the Security Deposit for any monies rent or damages, if any. Lessee agrees that breach of this lease shall result in forfeiture of Security Deposit at the sole discretion of Lessor. After the signing of the Lease and payment of Security Deposit, Lessee may forfeit the Security Deposit for failing to be paid by Lessee under this Leasetake possession of the premises in conjunction with failing to pay rent.

Appears in 1 contract

Samples: Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leaselease. Following the first year anniversary of the lease, provided Lessee is not then currently in default of any of the terms or conditions of this lease, refund Lessee's security deposit.

Appears in 1 contract

Samples: Restoration Hardware Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges changes due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies accesses all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leaselease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pacific Gulf Properties Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $7,590.00 + $3,240.00 (previously paid) for a total of $10,830.00 as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by this therein above stated and Lessee's failure to do so shall be a material breach of the Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit so that the amount of security deposit held by Lessor shall at all times bear the same proportion to current rent as the original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.54 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. If Lessee performs all of Lessee's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Lessor shallshall be returned, at the expiration without payment of interest or earlier termination of the term hereof and after Lessee has vacated the Premises, return other increment for its use to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term thereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by LessorDeposit. Unless otherwise expressly agreed in writing by LessorStandard Industrial Lease -- Gross Page 1 Lessee [ILLEGIBLE] Direct Focus, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.Inc. 6/98 Lessor [ILLEGIBLE]

Appears in 1 contract

Samples: Direct Focus Inc

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so sot that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Big Dog Holdings Inc

Security Deposit. Lessee shall deposit with the lessor upon Lessee's execution hereof the Security Deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)) , Lessor may use, use apply or retain all or any portion of said Security Deposit for the payment Payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expenseexpenses, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that full amount required by this Lease. Any time the total amount Base Rent increases during the term of the Security Deposit this Lease, Lessee shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, or at Lessor's option, to the last assignee, if any, ; of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Samples: Synbiotics Corp

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) 10 days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth in Paragraph 1.5Rent. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within 90 days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisesthis Lease, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no Lessor shall upon written request provide Lessee with an accounting showing how that portion of the Security Deposit that was not returned was applied. No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. THE SECURITY DEPOSIT SHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF THE LAST MONTH’S RENT.

Appears in 1 contract

Samples: ImmunityBio, Inc.

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. (Also see Addendum, Paragraph__.)

Appears in 1 contract

Samples: Lease Agreement (Elitra Pharmaceuticals Inc)

Security Deposit. Lessee shall deposit with pay to Lessor upon Lessee's execution hereof the Security Deposit set forth specified in Paragraph 1.7 the Agreement, which may be due upon execution of the Agreement, if specified. The Security Deposit shall be held by Xxxxxx (who shall have no obligation to collect or pass through to Lessee any interest thereon) as security for Lessee's Xxxxxx’s faithful performance of the terms and conditions of the applicable Lease, including without limitation Lessee's ’s indemnification obligations under this LeaseSection 12. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)an Event of Default occurs, Lessor may useapply the Security Deposit to payment of its costs, apply expenses and attorney fees in enforcing the terms of the Lease and to indemnify Lessor against any costs, expenses or retain damages sustained by Lessor in connection with the Lease (provided, however, nothing herein contained shall be construed to mean that the recovery of damages by Lessor shall be limited to the amount of the Security Deposit). In the event all or any portion of said the Security Deposit for is applied as aforesaid, Lessee shall deposit additional amounts with Lessor so that the Security Deposit shall always be maintained at the amount specified in the Agreement. At the end of the Lease Term, Lessor shall apply any remaining balance of the Security Deposit to the payment of any amount due monies owed to Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to under the full amount required by this Lease. Any time the Base Rent increases during the term Thereafter, if no Event of this LeaseDefault has occurred and is continuing and Xxxxxx has complied with Section 3, Lessor shall return to Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount any remaining balance of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Samples: Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, trust to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. Any deposit held with Lessor and due Lessee at the termination of the Lease shall be returned within 20 days.

Appears in 1 contract

Samples: U S Laboratories Inc

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