Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided above.
Appears in 3 contracts
Sources: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of Rent or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of Rent or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to the amount required hereunder, from time to time. If Landlord transfers its interest in the Complex during the term of this Lease, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord shall have no further liability for the return of such Security Deposit. Upon application of all or any part of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will provide Landlord be deemed to have cured Tenant’s default. Tenant waives all provisions of Laws, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit through or imposes upon a local bank guarantee, letter of credit landlord (or cash deposit, equivalent its successors) any obligation with respect to the amount handling or return of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")deposits. The Security Deposit shall serve as a guarantee will be released to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following of the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the Landlord, that all utilities bills corresponding terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from provide the Security Deposit any unpaid obligations in the form of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance a Letter of the Security Deposit within sixty (60) days, subject to the conditions provided aboveCredit in accordance with Exhibit “M” attached hereto.
Appears in 3 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of Upon Tenant’s execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially CompletedLease, Tenant will provide shall deposit with Landlord the amount set forth in Article 1 as the “Security Deposit” as security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at for the execution performance by Tenant of the terms of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall to be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed performed by Tenant, to the Landlord's satisfactionand not as prepayment of rent. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided may apply such permits are not included in either the Rent portion or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portions of the Security Deposit within sixty as are reasonably necessary for the following purposes: (60i) daysto remedy any Event of Default by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, subject or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the conditions provided aboveLeased Premises caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of Article 2, and (iv) to remedy any other Event of Default of Tenant to the extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Security Deposit. If Landlord transfers the Leased Premises or any portion thereof during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and Tenant hereby waives the provisions of California Civil Code Section 1950.7 to the contrary) a period of ninety (90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen’s b▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be considered prepaid rent.
Appears in 3 contracts
Sources: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)
Security Deposit. Concurrently with Tenant’s execution of this Lease, Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to (the “Security Deposit”) in the amount set forth in Section 8 of thirty thousand three hundred and fifteen dollars (US$ 30,544.13)the Summary, an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the faithful performance by Tenant of all of its obligations under this Lease AgreementLease. If Tenant Defaults with respect to any provisions of this Lease, and such amount shall be retained by Landlord as a security deposit for including the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee provisions relating to cover the payment of outstanding servicesRent, repairs the removal of property and the repair of resultant damage, Landlord may, without notice to Tenant, but shall not be required to, apply all or any part of the Security Deposit for the payment of any Rent or any other obligation derived from this Agreement sum then owing and contractually or legally owed by Tenantunpaid and Tenant shall, immediately upon demand therefor, pay all such sums to Landlord as “Additional Rent” in order to restore the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Security Deposit to settle due outstanding rent paymentsits original amount. Tenant authorizes Landlord also hereby consents to use the Deposit to cover the expenses Landlord’s application of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Security Deposit were used by the to any post-rejection claims that Landlord for may have with respect to Tenant’s obligations under this Lease in any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the bankruptcy proceeding involving Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance Any unapplied portion of the Security Deposit shall be returned to Tenant, or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) daysdays following the expiration of the Lease Term. Tenant shall not be entitled to any interest on the Security Deposit. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, subject or any successor statute, and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section above and/or those sums reasonably necessary to compensate Landlord for any loss or damage caused by Tenant’s default of the Lease, as amended hereby, including all damages or rent due upon termination of this Lease pursuant to Section 1951.2 of the California Civil Code. Landlord may commingle the Security Deposit with its other funds and has no fiduciary duty with respect thereto, the only relationship created being that of debtor and creditor. In the event of a transfer of Landlord’s interest in the Premises, Landlord shall have the right to transfer the Security Deposit to the conditions transferee thereof. In such event, Landlord shall be deemed released by Tenant from all liability for the return of such Security Deposit and Tenant agrees to look solely to such transferee for the return of said Security Deposit. No mortgagee, trustee or master landlord shall be liable for the return of the Security Deposit. Tenant hereby grants to Landlord a security interest in the Security Deposit in accordance with the applicable provisions of the Uniform Commercial Code. Except as expressly provided aboveherein, Tenant shall have no legal power to assign or encumber the Security Deposit, and the return of the Security Deposit to the Tenant shall completely relieve Landlord of liability with regard thereto.
Appears in 3 contracts
Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Security Deposit. The parties have agreed that [*] ---------------- Security Deposit will be required of Tenant will provide at the outset of this Lease. However, if Tenant is late in paying monthly rentals in two (2) consecutive months, or if Tenant is late paying monthly rentals three (3) or more times in a twelve (12) month period, then Landlord reserves the right at such time to demand (in writing) that a Security Deposit in the amount of [*] the average monthly rental payments be deposited with Landlord and retained for the remainder of the Lease Term. Tenant hereby grants to Landlord a security deposit through a local bank guaranteeinterest in the Security Deposit. Landlord shall have, letter and Landlord expressly retains and reserves, all rights of credit setoff, recoupment, and similar remedies available to Landlord under applicable laws or cash depositin equity. Landlord may commingle the Security Deposit with its other funds and shall receive and hold the Security Deposit without liability for interest. Upon default by Tenant, equivalent Landlord may from time to time, and without prejudice to any other remedy, use the Security Deposit to the amount extent necessary to make good any arrears of thirty thousand three hundred and fifteen dollars (US$ 30,544.13)Rent or other sums then due from Tenant to Landlord or to pay the cost of any damage, an amount equivalent to one (1) month's rent at the moment of execution of injury, expense, or liability caused by any default by Tenant under this Lease AgreementLease. After any such application of any portion of the Cold Shell Building is Substantially CompletedSecurity Deposit, or, in the event the Improvements CMA is executed between the Tenant and shall pay to Landlord, after immediately upon demand, the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord amount so applied so as to restore the security deposit mentioned above in cash if such security deposit was provided Security Deposit to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, its original amount; and such amount shall then be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee deemed to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or be part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation Security Deposit. Tenant's failure to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from restore the Security Deposit may, at Landlord's sole option, constitute a default under this Lease. If Tenant is not in default under this Lease and after application of the Security Deposit to the repair of any unpaid obligations of damage or injury to the Project caused by Tenant to Landlord under the Lease Agreementor by any Tenant Related Party, including utilities, and refund to Tenant the any remaining balance of the Security Deposit held by Landlord shall be returned by Landlord to Tenant within sixty (60) days, subject to a reasonable period of time after the conditions provided aboveexpiration or termination of this Lease. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages resulting from a default by Tenant.
Appears in 3 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent shall pay to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of Port upon execution of this Lease Agreement. After Lease, in addition to the Cold Shell Building is Substantially Completedadvance payment of the first month's Base Rent, orthe Security Deposit, in cash, in the event sum specified in the Improvements CMA is executed between the Tenant and LandlordBasic Lease Information, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the faithful performance by Tenant of all terms, covenants and conditions of this Lease. If Base Rent is increased beyond the amount set forth in the Basic Lease Agreement, and such amount shall be retained by Landlord as a security deposit Information for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part last year of the Deposit were used by the Landlord for any of the aforementioned itemsTerm, the then from and after such increase, Tenant shall have an obligation to reinstate increase the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty to maintain the same ratio of the Security Deposit to Base Rent as existed on the date immediately prior to such Base Rent increase. Any increase in the Security Deposit shall be delivered to Port on the same date that such increase in Base Rent is first due. Tenant agrees that Port may (60but shall not be required to) daysapply the Security Deposit in whole or in part to (a) pay any sum due to Port under this Lease; (b) compensate Port for any expense incurred or damage caused by Tenant, subject its Agents or Invitees; (c) cure any default by Tenant; or (d) cure, or attempt to cure, any failure of Tenant to perform any other covenant, term or condition contained herein. Tenant shall immediately upon demand pay Port a sum equal to the conditions portion of the Security Deposit expended or applied by Port. Port shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on the Security Deposit. Nothing contained in this Section shall in any way diminish or be construed as waiving any of Port's other remedies set forth in this Lease or provided aboveby law or equity. Tenant hereby waives the provisions of California Civil Code Section 1950.7 and/or any successor statute, it being expressly agreed that Port may apply all or any portion of the Security Deposit in payment of any and all sums reasonably necessary to compensate Port for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any Agent or Invitee of Tenant, and that following a default by Tenant, all or any portion of the Security Deposit may be retained by Port following a termination of this Lease and applied to future damages, including damages for future Rent, pending determination of the same.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Security Deposit. Tenant will provide Landlord a Within two (2) days after Subtenant’s execution and delivery of this Sublease, Subtenant shall deliver to Sublandlord an initial security deposit through a local bank guaranteein the amount of One Million Dollars ($1,000,000) (the “Initial Security Deposit”, and together with any Extension Security Deposit held from time to time, the “Security Deposit”) in the form of an unconditional, irrevocable standby letter of credit without documents, i.e., no obligation on Sublandlord’s part to present anything but a sight draft, with Sublandlord as beneficiary, drawable in whole or in part, providing for payment in Boston, Massachusetts, on presentation of Sublandlord’s drafts on sight, providing for multiple draws and multiple successors and otherwise both from a bank and in a form reasonably acceptable to Sublandlord (an “LC”). Notwithstanding the foregoing, Subtenant may elect to initially deliver the Initial Security Deposit in cash depositform, equivalent provided that Subtenant delivers an LC to Sublandlord to replace the cash Initial Security Deposit within forty-five (45) days of the effective date of this Sublease, and upon Sublandlord’s receipt of such LC, Sublandlord shall promptly return the cash balance of the Initial Security Deposit to Subtenant. If any portion of the Security Deposit is used or applied pursuant to this Section 5, Sublandlord shall provide Subtenant with written notice setting forth the amounts so used or applied and the purpose therefor, and Subtenant shall, within ten (10) days after receipt of such notice, deposit cash or a replacement letter of credit (in form and substance subject to the amount same requirements as the original letter of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), credit) in an amount equivalent sufficient to one (1) month's rent restore the Security Deposit to the required balance hereunder at the moment of execution such time. Subtenant’s failure to do so shall be a material default and breach of this Lease AgreementSublease by Subtenant. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit The Security Deposit shall serve be held by Sublandlord as security for this Lease Agreementthe faithful performance by Subtenant of all the terms, covenants, and such amount conditions of this Sublease applicable to Subtenant. If Subtenant defaults with respect to any provision of this Sublease beyond all applicable periods of notice and cure, including but not limited to the provisions relating to the condition of the Subleased Premises upon the Expiration Date, Sublandlord may (but shall not be retained by Landlord as a security deposit required to) use, apply or retain all or any part of the Security Deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed amount which Sublandlord may spend by Tenant, to the Landlord's satisfactionreason of Subtenant’s default. The Landlord shall rights of Sublandlord pursuant to this Section are in addition to any rights which Sublandlord may have pursuant to Section 10 below. Upon the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part expiration of the Deposit were used by the Landlord for initial term (without giving effect to any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5Extension Periods) calendar days following notice of its use by the Landlord, unless such use is made upon hereof or earlier termination of this Sublease, and when all then-existing defaults hereunder have been cured, Sublandlord shall return the lease, in which case the remnant, if any, shall be returned by the Landlord Initial Security Deposit or any balance thereof (without interest) to the Tenant in the Subtenant within three (3) months of such expiration or termination. Failure of Subtenant to deliver a replacement letter of credit to Sublandlord at least thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory prior to the Landlordexpiration date of any current letter of credit shall constitute a separate default entitling Sublandlord, that following written notice and an opportunity to cure by Subtenant, to draw down immediately and entirely on the current letter of credit and the proceeds shall constitute a cash Initial Security Deposit. With respect to any Extension Period, Subtenant shall provide to Sublandlord the Extension Security Deposit applicable thereto. Upon expiration or earlier termination of any Extension Period and when all utilities bills corresponding then-existing defaults hereunder have been cured, Sublandlord shall return the Extension Security Deposit or any balance thereof (without interest) to Subtenant within three (3) months of such expiration or earlier termination. Notwithstanding anything in this Section 5 to the Tenant are fully paid. The Deposit shall not bear any interest for contrary, if the benefit expiration of the Tenant. The security deposit initial term or any Extension Period shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon also represent the occurrence of the Expiration Date, then upon expiration or earlier termination of the Leasethis Sublease, Landlord will withhold from the Sublandlord shall return any Security Deposit or any unpaid obligations balance thereof (without interest) to Subtenant within three (3) months of Tenant to Landlord under the Lease Agreement, including utilitiessuch expiration or earlier termination, and refund to Tenant after Subtenant has vacated the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveSubleased Premises and all then-existing defaults hereunder have been cured.
Appears in 3 contracts
Sources: Sublease (Acorda Therapeutics Inc), Sublease (Civitas Therapeutics, Inc.), Sublease (Civitas Therapeutics, Inc.)
Security Deposit. Upon execution of this Lease, Tenant will provide shall pay to Landlord the Security Deposit specified in Paragraph 2.d. above as security for Tenant’s performance of all of Tenant’s covenants and obligations under this Lease; provided, however, that the Security Deposit is not an advance rent deposit or an advance payment of any other kind, nor a security measure of Landlord’s damages upon Tenant’s default. Landlord shall not be required to segregate the Security Deposit from its other funds and no interest shall accrue or be payable to Tenant with respect thereto. Landlord may (but shall not be required to) use the Security Deposit or any portion thereof to cure any Event of Default or to compensate Landlord for any damage Landlord incurs as a result of Tenant’s failure to perform any of its covenants or obligations hereunder, it being understood that any use of the Security Deposit shall not constitute a bar or defense to any of Landlord’s remedies under this Lease or at law. In such event and upon written notice from Landlord to Tenant specifying the amount of the Security Deposit so utilized by Landlord and the particular purpose for which such amount was applied, Tenant shall immediately deposit through a local bank guarantee, letter of credit or cash deposit, equivalent with Landlord an amount sufficient to return the Security Deposit to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent specified in Paragraph 2.d. Tenant’s failure to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if make such security deposit was provided payment to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following of Landlord’s notice shall constitute an Event of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the Default. Within thirty (30) calendar days following after the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon expiration or termination of the this Lease, Landlord will withhold from shall return to Tenant the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant or the balance thereof then held by Landlord after application of the Security Deposit within sixty as permitted hereunder; provided, however, that in no event shall any such return be construed as an admission by Landlord that Tenant has performed all of its covenants and obligations hereunder. No holder of a Superior Interest (60) daysas defined in Paragraph 21 below), subject nor any purchaser at any judicial or private foreclosure sale of the Real Property or any portion thereof, shall be responsible to Tenant for the Security Deposit unless and only to the conditions provided aboveextent such holder or purchaser shall have actually received the same. Tenant hereby unconditionally and irrevocably waives the benefits and protections of California Civil Code Section 1950.7, and, without limitation of the scope of such waiver, acknowledges that Landlord may use all or any part of the Security Deposit to compensate Landlord for damages resulting from termination of this Lease and the tenancy created hereunder (including, without limitation, damages recoverable under California Civil Code Section 1951.2).
Appears in 3 contracts
Sources: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth in the Basic Lease Provisions, which Security Deposit shall be in the form of an unconditional, irrevocable and transferable letter of credit (the “Letter of Credit”): (i) in form and substance reasonably satisfactory to Landlord, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer notice that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution reasonably satisfactory to Landlord, and (v) redeemable by presentation of a sight draft in the state of Landlord’s choice. If Tenant does not provide Landlord with a substitute Letter of Credit complying with all of the requirements hereof at least 10 days before the stated expiration date of any then current Letter of Credit, Landlord shall have the right to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit, until such time as Tenant provides a substitute Letter of Credit, whereupon Landlord shall forthwith refund such funds to Tenant. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or cash deposita measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20). Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, equivalent and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shall pay Landlord within 5 days of demand the amount that will restore the Security Deposit to the amount set forth in the Basic Lease Provisions. Tenant hereby waives the provisions of thirty thousand three hundred any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and fifteen dollars other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its original amount. If Tenant is not then in default under this Lease, the Security Deposit, or any balance thereof (US$ 30,544.13i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) within 60 days after the expiration or earlier termination of this Lease. If, after the fourth anniversary of the Commencement Date, Tenant is not in Default of its obligations under this Lease, then upon written request of Tenant, the Security Deposit shall be reduced to an amount equivalent equal to one three (13) month's rent at months’ then applicable monthly Base Rent (the moment “Reduced Security Deposit”), provided that Tenant is not thereafter in Default of its obligations under this Lease. If the foregoing conditions are met, upon Tenant’s written request, Landlord shall return the unapplied portion of the Security Deposit then held by Landlord, less the Reduced Security Deposit, to Tenant within 60 days of Tenant’s request. Such return may be effected through execution by Landlord and the issuing bank of this Lease Agreement. After an amendment to the Cold Shell Building is Substantially CompletedLetter of Credit or through issuance of a replacement by the issuing bank of the Letter of Credit in the amount of the Reduced Security Deposit in the same form as the Letter of Credit but for such reduction, orprovided, however, that, in the event that such a replacement of the Improvements CMA Letter of Credit is executed between the Tenant and Landlordissued, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have no obligation to deliver the right, but not original Letter of Credit unless and until Landlord has received the obligation, to use original replacement of the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses Letter of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included Credit in either the Rent or the Service or Condominium Feeform and substance as required hereunder. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund returns to Tenant the balance any portion of the Security Deposit within sixty (60) daysin accordance with this Section, then from and after the date such portion of the Security Deposit is returned to Tenant, the “Security Deposit” shall be deemed to be the Reduced Security Deposit for all purposes of this Lease, subject to the conditions provided aboveterms of this Section. The Reduced Security Deposit shall be increased in accordance with the terms of this Section if Tenant is in Default hereunder. If Tenant is in Default under the Lease, the Security Deposit shall be increased to an amount equal to $541,424.00. Such increased Security Deposit shall be paid to Landlord within 10 days of Landlord’s written demand, in the case of Tenant’s Default under the Lease. If Tenant is required to increase the Reduced Security Deposit in accordance with this Section, then from and after the date such monies are required to be deposited with Landlord, the “Security Deposit” shall be deemed to be the amount of $541,424.00. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section 6. or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 3 contracts
Sources: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.)
Security Deposit. Tenant will provide The tenant agrees to pay the Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building It is Substantially Completed, or, in the event the Improvements CMA is executed agreed between the Tenant and Landlordthe Landlord that interest on the deposit shall be compounded annually and be paid to the Tenant at the termination of tenancy in accordance with current statutory requirements. At the time of the signing of this agreement, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide interest rate paid on security deposits is 0%. The Landlord may deduct from the security deposit mentioned above any amounts that the Landlord seems necessary to provide for:
(a) repairing any damage or loss to the premises, fixtures, furniture, appliances and any other items leased pursuant to the Lease which damages may have been cause by the Tenant (any damage or residual odor left by pets; ▇▇▇▇▇ and other marks on carpets, furnishings and walls shall not be considered normal wear and tear)
(b) cleaning the premises and any property rented with it, (including but not limited to professional cleaning of carpet and drapery) if the Tenant gives up possession of the premises in cash if such security deposit was provided condition that the premises require cleaning;
(c) payment of rent or other fees owing to the Landlord through a local bank guarantee at by the execution Tenant upon the termination of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for and;
(d) the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment discharge of outstanding services, repairs and any other obligation derived from this Agreement and contractually obligations or legally owed by Tenant, liabilities of the Tenant to the Landlord's satisfaction
(e) recovery of lost revenue or expenditures incurred for the time that the suite is unavailable for rent while outstanding issues cause by the Tenant are being addressed (ie the property is being cleaned or damages are being repaired) The Tenant is responsible for the amount of any damages or cleaning costs in excess of the deposit. It is further agreed and understood that the Tenant cannot apply the security deposit against any rent owing to the Landlord during the tenancy. The Landlord shall have the right, but not the obligation, Tenant agrees that any security deposit refundable to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall may be returned paid by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order tenants or to have this Lease Agreement effective. Upon termination of all names shown by the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided abovetenants.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Security Deposit. Upon the Execution Date, Tenant will provide shall deposit with Landlord a the Security Deposit as security deposit through a local bank guaranteefor Tenant’s faithful performance of Tenant’s obligations hereunder. If Tenant fails to timely pay rent or other charges due hereunder, letter of credit or cash deposit, equivalent otherwise defaults with respect to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution any provisions of this Lease Agreement. After the Cold Shell Building is Substantially Completedbeyond applicable notice and cure periods hereunder, orLandlord may use, in the event the Improvements CMA is executed between the Tenant and Landlordapply, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If retain all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit for the payment of any rent or other charge in default or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. Landlord shall have no obligation to apply the Security Deposit against any amount due or owing from Tenant under this Lease or against any Advance made by Landlord, nor shall the rights and remedies of Landlord under this Lease be affected in any manner by the fact that Landlord holds the Security Deposit. If, however, Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall within sixty ten (6010) daysbusiness days after written demand therefor, subject deposit with Landlord an amount sufficient to restore the Security Deposit to the conditions provided full amount stated above, and Tenant’s failure to do so shall constitute a default under this Lease. Landlord shall not be required to keep the security deposit separate from its general accounts or to pay interest thereon, unless otherwise required by applicable law. If Tenant performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof after application thereof by Landlord in accordance with this Section 3.7, as has not been applied by Landlord, shall be returned, in cash, without payment of interest or other increment for its use, to Tenant at the expiration of the Lease Term. No trust relationship is created herein between Landlord and Tenant with respect to the Security Deposit.
Appears in 3 contracts
Sources: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, on or before January 10, 2014, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth on page 1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit(the “Letter of Credit”): (i) in form and substance satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount issuer notice that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution satisfactory to Landlord, and (v) redeemable by presentation of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, a sight draft in the event the Improvements CMA is executed between the state of Landlord’s choice. If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), but not Landlord may use all or any part of the obligationSecurity Deposit to pay delinquent payments due under this Lease, future rent damages and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit to settle due outstanding rent payments. Tenant authorizes Landlord under this Section 6 includes the right to use the Security Deposit to cover pay future rent damages following the expenses termination of obtaining construction permits this Lease pursuant to Section 21(c) below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for additional construction works requested any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its original amount. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, provided such permits are not included in either the Rent Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the Service or Condominium Fee. If all or part provisions of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 3 contracts
Sources: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth on page 1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit(the “Letter of Credit”): (i) in form and substance reasonably satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount issuer notice that Landlord is entitled to draw thereunder, (iv) issued by Silicon Valley Bank or another FDIC-insured financial institution reasonably satisfactory to Landlord, and (v) redeemable by presentation of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, a sight draft in the event the Improvements CMA is executed between the state of Landlord’s choice. If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit, but which funds shall be returned to Tenant within a reasonable period following Tenant’s delivery to Landlord of a substitute Letter of Credit. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or any part of the obligationSecurity Deposit to pay delinquent payments due under this Lease, future rent damages under California Civil Code Section 1951.2, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit to settle due outstanding rent payments. Tenant authorizes Landlord under this Section 6 includes the right to use the Security Deposit to cover pay future rent damages following the expenses termination of obtaining construction permits this Lease pursuant to Section 21(c) below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force, including, without limitation, California Civil Code Section 1950.7, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for additional construction works requested any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, provided such permits are not included in either the Rent Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the Service or Condominium Fee. If all or part provisions of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 3 contracts
Sources: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)
Security Deposit. Tenant will provide Landlord Within 10 banking days after execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit through (“Security Deposit”) in the amount of $175,840.00 (the “Deposit Amount”). The Security Deposit shall be held by Sublandlord as security for Subtenant’s performance of its obligations under this Sublease and may be applied, at Sublandlord’s sole discretion, against any obligation incurred by Subtenant in connection with this Sublease that is not timely paid or performed (as the case may be), including the payment of Basic Rent and Additional Rent, the repair of any damage that is Subtenant’s responsibility, and all other obligations of Subtenant under this Sublease. If Sublandlord debits the Security Deposit, Sublandlord shall notify Subtenant of the occurrence and amount of the debit, and Subtenant shall promptly pay to Sublandlord the amount necessary to restore the Security Deposit to the full Deposit Amount.
A. Subtenant may elect to provide all or any portion of the Security Deposit in the form of cash or in the form of a local bank guarantee, letter of credit (the “LOC”). If Subtenant elects to satisfy all or cash depositany portion of the Security Deposit with cash, equivalent Sublandlord, Sublandlord is not required to keep the Security Deposit separate from its general funds and Subtenant is not entitled to interest on the Security Deposit.
B. If Subtenant elects to satisfy all or any portion of the Security Deposit with an LOC, the LOC will be an irrevocable and unconditional standby letter of credit, issued by a financial institution (other than Subtenant) satisfactory to Sublandlord in its discretion, with a term of at least one year, drawable by Sublandlord upon presentation, and substantially in the form of Exhibit L attached to the amount Prime Lease (except that the references to Landlord as beneficiary and Sublandlord as applicant shall be changed to Sublandlord as beneficiary and Subtenant as applicant). Sublandlord may draw upon the LOC under the same terms and conditions as Sublandlord may apply a cash security deposit. In addition, Sublandlord may draw upon the LOC if Subtenant fails to deliver to Sublandlord no later than 30 days prior to the expiration date of the existing LOC a renewal or extension of the LOC for a term of not less than one year. Notwithstanding the foregoing, and unless a renewal or extension of the LOC has not been delivered to Sublandlord 30 days prior to the expiration date of the existing LOC, Sublandlord will give Subtenant 5 business days prior written notice before drawing upon the LOC.
C. If Subtenant performs each of its obligations under this Sublease, then the Security Deposit, or any then-remaining balance thereof, shall be returned to Subtenant (or the LOC cancelled, as the case may be) within thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one 30) days after the later of (1i) month's rent at the moment expiration of execution the Sublease Term or termination of this Lease Agreement. After Sublease, and (ii) the Cold Shell Building is Substantially Completed, or, date on which Subtenant surrenders the Subleased Premises to Sublandlord in the event condition required by this Sublease (unless Subtenant retains possession of the Improvements CMA is executed between Subleased Premises pursuant to the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Recognition Agreement (the "Deposit"defined below). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty clause (30i) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveapply).
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Pacifica Bancorp Inc)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided The Security Deposit shall be delivered to Landlord through a local bank guarantee at upon the execution of this Lease Agreement. Such security deposit by Tenant and shall serve be held by Landlord without liability for interest (except as required by law) and as security for the performance of Tenant's obligations under this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")Lease. The Security Deposit shall serve as a guarantee to cover the not be considered an advance payment of outstanding servicesRent or a measure of Tenant's liability for damages. Landlord may, repairs and from time to time, without prejudice to any other obligation derived from this Agreement and contractually remedy, use all or legally owed by Tenanta portion of the Security Deposit to make good any arrearage of Rent, to repair damages to the Landlord's satisfaction. The Landlord shall have the right, but not the obligationPremises, to use clean the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made Premises upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord this Lease or otherwise to the satisfy any other covenant or obligation of Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paidhereunder. The Deposit shall not bear Following any interest for the benefit such application of the Tenant. The security deposit Security Deposit, Tenant shall be properly deposited in Landlords bank account pay to Landlord on demand the amount so applied in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from restore the Security Deposit any unpaid obligations to its original amount. If Tenant is not in default at the termination of this Lease, after Tenant surrenders the Premises to Landlord under in accordance with this Lease and all amounts due Landlord from Tenant are finally determined and paid by Tenant or through application of the Lease AgreementSecurity Deposit, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) daysremaining after any such application shall be returned to Tenant. If Landlord transfers its interest in the Premises during the Lease Term, subject Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee for the return of the Security Deposit. Landlord and its successors and assigns shall not be bound by any actual or attempted assignment or encumbrance of the Security Deposit by Tenant, provided, however, if Tenant's interest in this Lease has been assigned, Landlord shall, provided that Landlord has been furnished with a fully executed copy of the agreement assigning such Security Deposit, return the Security Deposit to such assignee in accordance with the terms and conditions provided abovehereof. If Landlord return the Security Deposit to Tenant's assignee as aforesaid, Landlord will have no further obligation to any party with respect thereto. Landlord shall not be required to keep the Security Deposit separate from its other accounts.
Appears in 2 contracts
Sources: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth in the Basic Lease Provisions, which Security Deposit shall be in the form of an unconditional, irrevocable and transferable letter of credit (the “Letter of Credit”): (i) in form and substance reasonably satisfactory to Landlord, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer notice that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution reasonably satisfactory to Landlord, and (v) redeemable by presentation of a sight draft in the state of Landlord’s choice. If Tenant does not provide Landlord with a substitute Letter of Credit complying with all of the requirements hereof at least 10 days before the stated expiration date of any then current Letter of Credit, Landlord shall have the right to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit, until such time as Tenant provides a substitute Letter of Credit, whereupon Landlord shall forthwith refund such funds to Tenant. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or cash deposita measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), equivalent Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shall pay Landlord within 5 days of demand the amount that will restore the Security Deposit to the amount set forth in the Basic Lease Provisions. Tenant hereby waives the provisions of thirty thousand three hundred any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and fifteen dollars other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its original amount. If Tenant is not then in default under this Lease, the Security Deposit, or any balance thereof (US$ 30,544.13i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) within 60 days after the expiration or earlier termination of this Lease. If, after the fourth anniversary of the Commencement Date, Tenant is not in Default of its obligations under this Lease, then upon written request of Tenant, the Security Deposit shall be reduced to an amount equivalent equal to one three (13) month's rent at months’ then applicable monthly Base Rent (the moment “Reduced Security Deposit”), provided that Tenant is not thereafter in Default of its obligations under this Lease. If the foregoing conditions are met, upon Tenant’s written request, Landlord shall return the unapplied portion of the Security Deposit then held by Landlord, less the Reduced Security Deposit, to Tenant within 60 days of Tenant’s request. Such return may be effected through execution by Landlord and the issuing bank of this Lease Agreement. After an amendment to the Cold Shell Building is Substantially CompletedLetter of Credit or through issuance of a replacement by the issuing bank of the Letter of Credit in the amount of the Reduced Security Deposit in the same form as the Letter of Credit but for such reduction, orprovided, however, that, in the event that such a replacement of the Improvements CMA Letter of Credit is executed between the Tenant and Landlordissued, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have no obligation to deliver the right, but not original Letter of Credit unless and until Landlord has received the obligation, to use original replacement of the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses Letter of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included Credit in either the Rent or the Service or Condominium Feeform and substance as required hereunder. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund returns to Tenant the balance any portion of the Security Deposit within sixty (60) daysin accordance with this Section, then from and after the date such portion of the Security Deposit is returned to Tenant, the “Security Deposit” shall be deemed to be the Reduced Security Deposit for all purposes of this Lease, subject to the conditions provided aboveterms of this Section. The Reduced Security Deposit shall be increased in accordance with the terms of this Section if Tenant is in Default hereunder. If Tenant is in Default under the Lease, the Security Deposit shall be increased to an amount equal to $576,232.00. Such increased Security Deposit shall be paid to Landlord within 10 days of Landlord’s written demand, in the case of Tenant’s Default under the Lease. If Tenant is required to increase the Reduced Security Deposit in accordance with this Section, then from and after the date such monies are required to be deposited with Landlord, the “Security Deposit” shall be deemed to be the amount of $576,232.00. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section 6, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Sources: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)
Security Deposit. On the Effective Date, Tenant will provide shall deposit with Landlord the Security Deposit as set forth in Paragraph 16 of the Summary of Basic Lease Terms as security for the full and faithful performance by Tenant of all Tenant’s obligations hereunder. No interest shall be paid upon the Security Deposit nor shall Landlord be required to maintain the deposit in a security deposit through segregated account. The Security Deposit shall not be construed as prepaid Rent. In the event that Tenant shall fail to cure a local bank guaranteedefault under this Lease within the time allowed for cure, letter then Landlord may retain the Security Deposit, or a portion thereof, and apply it toward any damages sustained by Landlord, including but not limited to actual damages sustained by the Landlord by reason of credit or cash depositthe default of Tenant, equivalent including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the sum so applied, which shall be added to the Security Deposit so that the same shall be restored to the amount first set forth above. In the event of thirty thousand three hundred and fifteen dollars (US$ 30,544.13)bankruptcy or other debtor-creditor proceedings, an amount equivalent either voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall be deemed to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, be applied in the event the Improvements CMA is executed between the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any damages sustained by Landlord, after the Cold Shell Building Improvements are Substantially Completedother than unpaid Rent, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided due to Landlord through a local bank guarantee at for all periods prior to the execution filing of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementsuch proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, and such amount shall be retained thereafter to actual damages, obligations, other charges and damages sustained by Landlord as and Rent due the Landlord for all periods subsequent to such filing. In the event of a security deposit for sale of the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesBuilding, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not right to transfer the obligation, to use the Security Deposit to settle due outstanding rent payments. Tenant authorizes the buyer, and, assuming the buyer assumes all of Landlord’s obligations under this Lease and with respect to the Security Deposit, Landlord to use shall have no further obligation regarding the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium FeeSecurity Deposit. If all or part of the Deposit were used by the Landlord for any of the aforementioned itemsTenant is not then in default under this Lease, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, Security Deposit or any balance thereof shall be returned by the Landlord to the Tenant in the thirty within forty-five (3045) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit after expiration of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of Term or forty-five (45) days after the Lease, Landlord will withhold from final day Tenant occupies the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveLeased Premises.
Appears in 2 contracts
Sources: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (Traeger, Inc.)
Security Deposit. Section 15.01. Tenant will provide has deposited with Landlord a the sum stipulated in the Basic Lease Provisions, as security deposit through a local bank guarantee, letter for the full and faithful performance of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution every provision of this Lease Agreementto be performed by Tenant. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided defaults with respect to Landlord through a local bank guarantee at the execution any provision of this Lease Agreement. Such security deposit shall serve as security for (after notice and the expiration of any applicable cure period), including but not limited to the provisions relating to the payment of Basic Rent and Additional Rent, Landlord may use, apply or retain all or any part of this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described payment of any Basic Rent or Additional Rent or other sum in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover default, or for the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually amount which Landlord may spend or legally owed become obligated to spend by reason of Tenant’s default, or to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the compensate Landlord for any other loss or damage which Landlord may suffer by reason of the aforementioned itemsTenant’s default. If any portion of said deposit is so used or applied, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice after written demand therefor deposit cash with Landlord in amount sufficient to restore the security deposit to its original amount and Tenant’s failure to do so shall be an Event of Default under this Lease. Landlord shall not be required to keep this security deposit separate from its use funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, security deposit or any balance thereof shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) at the expiration of the Term. In the event of the insolvency of Tenant or in the event of the entry of a judgment in bankruptcy in any court against Tenant which is not discharged within thirty (30) calendar days following after entry, or in the date on which this Agreement event a petition is terminatedfiled by or against Tenant under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to then and in such event Landlord may require the Tenant are fully paidto deposit additional security in an amount which in Landlord’s sole judgment would be sufficient to adequately assure Tenant’s performance of all of its obligations under this Lease, including all payments subsequently accruing. The Deposit Failure of Tenant to deposit the security required by this Section within ten (10) days after Landlord’s written demand shall not bear any interest for the benefit constitute a material breach of the this Lease by Tenant. The security deposit is being made by means of an irrevocable “evergreen” letter of credit, which shall be properly deposited in Landlords form and substance, and drawn on a bank account in order to have this Lease Agreement effective. Upon termination which is a member of the LeaseNew York clearinghouse, Landlord will withhold from satisfactory to Landlord. It shall have a final expiry of not less than six (6) months after the Security Deposit Expiration Date. In the event that the “Guarantor Loan” (hereinafter defined) shall be accepted by Landlord, then, provided that Tenant shall not be in default in the performance or observance of any unpaid of its obligations hereunder, not later than ninety (90) days after the Rent Commencement Date, the security deposit shall be reduced by an amount equal to two (2) months Basic Rent and a new letter of Tenant credit, in such reduced amount (but otherwise conforming to Landlord under the Lease Agreementprovisions hereof) shall be substituted therefor. As the Basic Rent increases throughout the Term, including utilities, and refund to Tenant the balance amount of the Security Deposit within sixty security shall be increased accordingly, so that Landlord shall at all times have a security deposit letter of credit in an amount equal to ten (6010) daysor twelve (12) months Basic Rent, subject to as the conditions provided abovecase may be.
Appears in 2 contracts
Sources: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Security Deposit. Upon the Execution Date, Tenant will provide shall deposit with Landlord a the Security Deposit as security deposit through a local bank guaranteefor Tenant’s faithful performance of Tenant’s obligations hereunder. If Tenant fails to timely pay rent or other charges due hereunder, letter of credit or cash deposit, equivalent otherwise defaults with respect to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution any provisions of this Lease Agreement. After the Cold Shell Building is Substantially Completedbeyond applicable notice and cure periods hereunder, orLandlord may use, in the event the Improvements CMA is executed between the Tenant and Landlordapply, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If retain all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit for the payment of any rent or other charge in default or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. Landlord shall have no obligation to apply the Security Deposit against any amount due or owing from Tenant under this Lease or against any Advance made by Landlord, nor shall the rights and remedies of Landlord under this Lease be affected in any manner by the fact that Landlord holds the Security Deposit. If, however, Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall within sixty ten (6010) daysdays after written demand therefor, subject deposit with Landlord an amount sufficient to restore the Security Deposit to the conditions provided full amount stated above, and Tenant’s failure to do so shall constitute a default under this Lease. Landlord shall not be required to keep the security deposit separate from its general accounts or to pay interest thereon, unless otherwise required by applicable law. If Tenant performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof after application thereof by Landlord in accordance with this Section 3.7, as has not been applied by Landlord, shall be returned, in cash, without payment of interest or other increment for its use, to Tenant at the expiration of the Lease Term. No trust relationship is created herein between Landlord and Tenant with respect to the Security Deposit.
Appears in 2 contracts
Sources: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)
Security Deposit. Tenant will provide shall deposit the Security Deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to on the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of date this Lease Agreement. After the Cold Shell Building is Substantially Completedexecuted by Tenant, orwhich, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes manner described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, subject to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses provisions of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part ,Section (M) of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anyBasic Lease Terms, shall be returned held by the Landlord to secure Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages for an Event of Default (defined below). Landlord may use any portion of the Security Deposit to satisfy Tenant’s unperformed obligations under this Lease, to reimburse Landlord for performing any such obligations or to compensate Landlord for its damages arising from Tenant’s failure to perform its obligations, without prejudice to any of Landlord’s other remedies. If so used, Tenant shall, upon request, pay Landlord an amount that will restore the Security Deposit to its original amount. The Security Deposit shall be Landlord’s property. The Security Deposit shall be maintained by Landlord in a segregated, non-interest bearing account. The unused portion of the thirty Security Deposit will be returned to Tenant within forty-five (3045) calendar days following the Expiration Date (or the date on which Tenant surrenders the Premises, if later) or sooner termination of this Agreement is terminatedLease, provided that Tenant presented evidence satisfactory to has vacated the Landlord, that all utilities bills corresponding to Premises. In the Tenant are fully paid. The Deposit shall not bear any interest for the benefit event of a sale or other transfer of the Tenant. The security deposit Building, Landlord shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination relieved of the Lease, Landlord will withhold from all liability for the Security Deposit any unpaid obligations of Tenant provided that Landlord transfers the same to Landlord under the Lease Agreement, including utilitiespurchaser or transferee, and refund to Tenant provided that the balance purchaser or transferee assumes Landlord’s obligations under this Lease in writing (which may be in the form of the Security Deposit within sixty (60) days, subject to the conditions provided abovea general assignment).
Appears in 2 contracts
Sources: Commercial Industrial Lease Agreement (Li-Cycle Holdings Corp.), Commercial Industrial Lease Agreement (Li-Cycle Holdings Corp.)
Security Deposit. Tenant acknowledges and agrees that Tenant has delivered to Landlord a Security Deposit (as defined in the 901 Gateway Lease) pursuant to the terms of the 901 Gateway Lease and that Landlord shall have the right to apply all or any portion of such Security Deposit in connection with any Default (as defined in Paragraph 24) under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default by Tenant under this Lease, Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, future rent damages under California Civil Code Section 1951.2, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit under this Paragraph 7 includes the right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Paragraph 25.5 below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord within twenty (20) days after receipt of written demand the amount that will restore (by the delivery of a replacement or amended Letter of Credit) the Security Deposit to the amount set forth in the definition of “Letter of Credit” set forth in the Basic Lease Information of the 901 Gateway Lease. Tenant hereby waives the provisions of any law, now or hereafter in force, including, without limitation, California Civil Code Section 1950.7, which provide that Landlord may claim from a security deposit through a local bank guaranteeonly those sums reasonably necessary to remedy defaults in the payment of rent, letter to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the Default of credit Tenant or any of Tenant’s Agents under this Lease. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings, subject to applicable bankruptcy law. If Tenant shall fully perform every provision of this Lease to be performed by Tenant and Landlord is holding cash deposit, equivalent to in the amount of thirty thousand three hundred and fifteen dollars a bifurcated Letter of Credit (US$ 30,544.13as described below) or cash proceeds therefrom, the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), an amount equivalent shall be returned to one Tenant within ninety (190) month's rent at days after the moment of execution expiration or earlier termination of this Lease AgreementLease. After If Landlord is holding a bifurcated Letter of Credit upon the Cold Shell Building expiration or earlier termination of this Lease, Landlord shall comply with the LC Issuer’s requirements necessary to cancel the bifurcated Letter of Credit by the date that is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, ninety (90) days after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution expiration or earlier termination of this Lease AgreementLease. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described Notwithstanding anything contained in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, Paragraph 7 to the Landlord's satisfaction. The contrary, if Landlord draws on the Letter of Credit for any reason, then Tenant shall have the right, but not the obligationupon ten (10) days’ prior written notice to Landlord, to use obtain a refund from Landlord of any unapplied proceeds of the Deposit Letter of Credit which Landlord has drawn upon, any such refund being conditioned upon Tenant simultaneously delivering to settle due outstanding rent paymentsLandlord a replacement Letter of Credit in the amount required by, and otherwise meeting the requirements contained in, this Paragraph 7 and Paragraph 7 of the 901 Gateway Lease. Tenant authorizes Landlord Notwithstanding anything to use the Deposit to cover contrary contained herein or in the expenses of obtaining construction permits for additional construction works 901 Gateway Lease, if requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for at any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days time following the date on which of this Agreement is terminatedLease, Tenant shall cause the LC Issuing Bank (as defined in the 901 Gateway Lease) to bifurcate the Letter of Credit (as defined in the 901 Gateway Lease) into two separate letters of credit, one securing Tenant’s obligations under the 901 Gateway Lease and the other securing Tenant’s obligations under this Lease. Such bifurcated letters of credit shall each be in an amount specified by Landlord, provided Tenant presented evidence satisfactory to that the Landlord, that all utilities bills corresponding to aggregate amount of such letters of credit shall equal the Tenant are fully paid. The Deposit shall not bear any interest for the benefit amount of the TenantLetter of Credit immediately prior to such bifurcation. The Concurrently with the bifurcation of the Letter of Credit, Landlord and Tenant shall enter into a modification of the 901 Gateway Lease and a modification of this Lease, which modifications shall amend Paragraph 7 of the 901 Gateway Lease and this Paragraph 7 to provide for separate, stand-alone security deposit shall be properly deposited provisions in Landlords bank account the 901 Gateway Lease and this Lease. If Landlord transfers its interest in order to have the Project or this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Paragraph 7, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.”
Appears in 2 contracts
Sources: Lease Agreement (Theravance Biopharma, Inc.), Lease Agreement (Theravance Inc)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth in Section 1.1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit(the “Letter of Credit”): (i) in form and substance satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount issuer notice that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution satisfactory to Landlord, (v) redeemable by presentation of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, a sight draft in the event the Improvements CMA is executed between the state of Landlord’s choice, and (vi) transferable without fee or cost to Landlord. If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Letter of Credit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Letter of Credit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 16.1), but not Landlord may draw all or any part of the obligationLetter of Credit to pay delinquent payments due under this Lease, future rent damages, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord Letter of Credit under this Section includes the right to use the Deposit Letter of Credit to cover pay future rent damages following the expenses termination of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Feethis Lease pursuant to Section 16.2 below. If Upon any use of all or part any portion of the Deposit were used Letter of Credit, Tenant shall on demand deliver a new Letter of Credit or amend the existing Letter of Credit to restore the Letter of Credit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the Default of the aforementioned itemsTenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Tenant Letter of Credit shall have an obligation be deemed to reinstate be applied first to the used amount within five payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. The Letter of Credit, or any balance thereof (5) calendar days following notice i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 90 days after the expiration or earlier termination of this Lease. Provided that no Default (as defined in Section 16.1) has occurred or event that with the passage of time, or the giving of notice, or both, would constitute a Default has occurred that remains uncured, the amount of the Security Deposit shall be reduced to the following amounts: (i) $1,044,247.90 effective as of the Rent Commencement Date; (ii) $835,398.32 effective as of the first anniversary of the Rent Commencement Date; and (iii) $626,548.74 effective as of the second anniversary of the Rent Commencement Date. Within thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest receipt of Tenant’s written request for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Leaseapplicable reduction, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit within sixty in excess of the respective reduced amounts shall, if held by Landlord in cash, be refunded to Tenant, without interest, or Landlord shall agree to an appropriate replacement or amendment of the Letter of Credit in order to effect the applicable reduction. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (60a) daystransfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section, subject or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit to Tenant, Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Sources: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth on page 1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit(the “Letter of Credit”): (i) in form and substance reasonably satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount issuer notice that Landlord is entitled to draw thereunder, (iv) issued by Silicon Valley bank or another FDIC-insured financial institution reasonably satisfactory to Landlord, and (v) redeemable by presentation of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, a sight draft in the event the Improvements CMA is executed between the state of Landlord’s choice. If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit, but which funds shall be returned to Tenant within a reasonable period following Tenant’s delivery to Landlord of a substitute Letter of Credit. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or any part of the obligationSecurity Deposit to pay delinquent payments due under this Lease, future rent damages under California Civil Code Section 1951.2, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit to settle due outstanding rent payments. Tenant authorizes Landlord under this Section 6 includes the right to use the Security Deposit to cover pay future rent damages following the expenses termination of obtaining construction permits this Lease pursuant to Section 21(c) below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force, including, without limitation, California Civil Code Section 1950.7, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for additional construction works requested any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, provided such permits are not included in either the Rent Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the Service or Condominium Fee. If all or part provisions of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Sources: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)
Security Deposit. Section 29.1 Tenant will provide has deposited the Security Deposit with Landlord a as security for the full and faithful performance of every provision of this Lease to be performed by Tenant through the Term and all renewals thereto. If an Event of Default shall have occurred with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Fixed Rent and Additional Rent, Landlord may use, apply or retain all or any part of this Security Deposit for the payment of any Fixed or Additional Rent or any other sum as to which Tenant is in default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default, or to compensate Landlord for any other loss, cost or damage which Landlord may suffer by reason of such Event of Default to the extent permitted under this Lease. Landlord shall give Tenant notice contemporaneously with such use or application of any portion of the Security Deposit. Tenant shall, within ten (10) Business Days after the giving of such notice, deposit through a local bank guarantee, with Landlord cash (or other suitable collateral such as an additional letter of credit or cash deposit, equivalent credit) in an amount sufficient to restore the Security Deposit to the amount then required pursuant to the terms of thirty thousand three hundred this Article 29 and fifteen dollars (US$ 30,544.13)Tenant’s failure to do so shall be a breach of this Lease. Landlord shall not, unless otherwise required by Laws, pay interest to Tenant on the Security Deposit, and if Landlord is required to maintain the Security Deposit in an interest bearing account, Landlord will retain the maximum amount equivalent permitted under Laws as a bookkeeping and administrative charge. Tenant shall not assign or encumber any part of the Security Deposit, and no assignment or encumbrance by Tenant of all of any part of the Security Deposit shall be binding upon Landlord, whether made prior to, during, or after the Term. Landlord shall not be required to one (1) month's rent at exhaust its remedies against Tenant or against the moment Security Deposit before having recourse to any other form of execution security held by Landlord and recourse by Landlord to any Security Deposit shall not affect any remedies of Landlord which are provided in this Lease or which are available to Landlord in law or in equity. If Tenant shall fully and faithfully perform every covenant and provision of this Lease Agreementto be performed and observed by Tenant, the Security Deposit or any balance thereof shall be returned to Tenant reasonably promptly after the expiration or sooner termination (other than a termination pursuant to Article 17) of the Term and Tenant’s surrender to Landlord of the Premises, but in no event later than sixty (60) days after such expiration or termination. After In the Cold Shell event the Building is Substantially Completedsold, or, Landlord shall transfer the Security Deposit to the new owner and Landlord shall thereupon be released by Tenant from all liability for the return of said Security Deposit; and Tenant agrees to look to the new owner solely for the return of the Security Deposit. A lease of the entire Building shall be deemed a transfer within the meaning of the foregoing sentence. Landlord shall notify or cause Tenant to be notified in the event of any transfer of the Improvements CMA is executed between Building.
Section 29.2 Landlord agrees to reduce the Security Deposit as set forth below. Landlord shall have no obligation to reduce and Tenant shall have no right to request a reduction in the Security Deposit unless all of the following conditions have been satisfied on the date of the scheduled reduction to the Security Deposit:
(a) No Event of Default shall have occurred and Landlordbe continuing under this Lease; and
(b) there shall not have occurred any material adverse change in the financial condition of Tenant from the condition described in the financial statements submitted by Tenant to Landlord in connection with this Lease. Notwithstanding the foregoing, after if an Event of Default existed on the Cold Shell Building Improvements are Substantially Completeddate of the scheduled reduction of the Security Deposit and Tenant subsequently cures said Event of Default without Landlord having terminated this Lease, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided shall then be entitled to Landlord through a local bank guarantee an immediate reduction of said Security Deposit at the execution time of this Lease Agreement. Such security deposit said cure by Tenant by the amount as to which said Security Deposit would have been reduced had such Event of Default not existed.
Section 29.3 (a) Subject to the terms in Section 29.2, the Security Deposit shall serve as security for this Lease Agreementbe reduced from the original Two Hundred Ninety-Five Thousand and no/100 Dollars ($295,000.00):
(i) on the first day of December 2006, the Security Deposit shall be reduced by Seventy-Two Thousand Four Hundred Forty-Six and 80/100 Dollars ($72,446.80) and such amount shall be retained by Landlord as a security deposit credited towards the monthly Rent for December 2006 and January 2007;
(ii) on the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment first day of outstanding servicesDecember 2007, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations shall be reduced by Seventy-Two Thousand Four Hundred Forty-Six and 80/100 Dollars ($72,446.80) and such amount shall be credited towards the monthly Rent for December 2006 and January 2008; and
(iii) on the first day of Tenant to Landlord under the Lease AgreementDecember 2008, including utilities, and refund to Tenant the balance of the Security Deposit within sixty shall be reduced by Seventy-Two Thousand Four Hundred Forty-Six and 80/100 Dollars (60$72,446.80) days, subject to and such amount shall be credited towards the conditions provided abovemonthly Rent for December 2008 and January 2009.
Appears in 2 contracts
Sources: Lease Agreement (Emdeon Inc.), Lease Agreement (Emdeon Inc.)
Security Deposit. Tenant will provide The Security Deposit shall be held by Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant's obligations under this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")Lease. The Security Deposit shall serve as is not an advance rental deposit or a guarantee to cover the payment measure of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfactiondamages in case of Tenant's default. The Upon each occurrence of a Default, Landlord shall have the right, but not the obligation, to may use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Security Deposit were used to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for any periods prior to the filing of such proceedings. Landlord's obligation respecting the aforementioned itemsSecurity Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice property of its use by the Landlord, unless such use is made upon termination of but the lease, in which case the remnantbalance remaining, if any, after Tenant's obligations under this Lease have been completely fulfilled shall be paid to Tenant. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Section 6. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, the Security Deposit, or any balance thereof, shall be returned by the Landlord to Tenant (or, at Landlord's option, to the Tenant in last assignee of Tenant's interest hereunder) within 60 days after the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon expiration or earlier termination of the this Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided above.
Appears in 2 contracts
Sources: Lease Agreement (SGX Pharmaceuticals, Inc.), Lease Agreement (SGX Pharmaceuticals, Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of Concurrently with its execution of this Lease Agreement. After Lease, Tenant shall deliver to Landlord the Cold Shell Building is Substantially Completed, or, amount identified in the event Basic Lease Information as the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Security Deposit to be held by Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve without liability for interest (unless required by Law) as security for the performance of Tenant’s obligations. The Security Deposit is not an advance payment of Rent or a measure of damages. Landlord may from time to time, without prejudice to any other remedy provided in this Lease Agreementor by Law, and such amount shall be retained by Landlord as use all or a security deposit for portion of the purposes described in this Agreement (the "Deposit"). The Security Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, extent necessary to use the Deposit to settle satisfy past due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service to satisfy Tenant’s Default under this Lease or Condominium Fee. If all to reimburse or part of the Deposit were used by the compensate Landlord for any liability, expense, loss or damage which Landlord may suffer or incur and has a right of recovery for the same from Tenant. If Landlord so uses or applies all or any portion of the aforementioned itemsSecurity Deposit, the then within fifteen (15) days after demand therefore, Tenant shall have deposit cash with Landlord in an obligation amount sufficient to reinstate restore the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord deposit to the Tenant in the thirty (30) calendar days following the date on which full amount thereof, and Tenant’s failure to do so shall constitute a Default under this Agreement is terminated, provided Tenant presented evidence satisfactory Lease. If there are no payments to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold made from the Security Deposit as set out in this paragraph, or if there is any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) daysremaining after all payments have been made, subject the Security Deposit, or such balance thereof remaining, will be refunded to the Tenant after the expiration or earlier termination of this Lease. Tenant hereby waives the benefit of the provisions of California Civil Code Section 1950.7. In the event of an act ▇▇▇▇▇▇▇▇.v9 of bankruptcy by or insolvency of Tenant or the appointment of a receiver for Tenant or general assignment for the benefit of ▇▇▇▇▇▇’s creditors, the Security Deposit shall be deemed immediately assigned to Landlord. Except in the event of a current unresolved Tenant Default, at the end of the Term the Landlord will deliver the Security Deposit to Tenant within forty five (45) days following the Landlord’s acceptance of the surrender of the Premises upon the expiration date of this Lease delivered by Tenant in accordance with the surrender conditions set forth herein. Provided that Tenant is not in default under the terms and conditions of this Lease, Tenant will have the right to substitute the cash Security Deposit described in the Basic Lease Information for a clean, irrevocable, unconditional and transferable standby letter of credit in the same amount (“Letter of Credit”) issued by and drawn upon a reputable commercial bank or financial institution (the “Issuing Bank”), which Letter of Credit shall have a term of not less than one year, and, be in the amount of $188,023.50. If in accordance with the terms of Section 4.1(a) above, Tenant has not provided above.the Letter of Credit to Landlord with the delivery of the Lease and has delivered the Security Deposit to the Landlord then upon delivery to Landlord of an approved original Letter of Credit the Landlord shall deliver to Tenant the cash Security Deposit within ten (10) business days of receipt of the approved original Letter of Credit. The Letter of Credit shall provide that: (i) the Issuing Bank shall pay to Landlord an amount up to the face amount of the Letter of Credit upon presentation of a signed draw down demand form acceptable to Issuing Bank delivered either by electronic mail or facsimile to cure a default by Tenant after notice of default from Landlord and certification from Landlord that a default has occurred under the Lease and is continuing; (ii) the Letter of Credit shall be automatically renewed, without amendment, for consecutive periods of one year each during the Term of this Lease not to extend beyond the Expiration Date; (iii) the Issuing Bank will retain the right to deliver written notice (the “Non-Renewal Notice”) to Landlord not less than thirty (30) days preceding the then expiration date of the Letter of Credit, that it elects not to renew such Letter of Credit and in the event that the Issuing Bank sends a Non-Renewal Notice, Tenant shall have thirty (30) days to provide Landlord with a substitute Letter of Credit acceptable to Landlord in the commercially reasonable exercise of its judgment or to post the cash Security Deposit. In the event that ▇▇▇▇▇▇ fails within said thirty (30) day period to provide Landlord with a substitute Letter of Credit or cash Security Deposit, Landlord shall have the right to draw the full amount of the Letter of Credit (which moneys shall be held by Landlord as a cash Security Deposit pursuant to the terms of this Section 7). If Landlord makes a draw upon the Letter of Credit then any balance of the drawn monies received by Landlord not applied to cure a default will be held by Landlord as Security Deposit for the remainder of the Term. If a draw upon the Letter of Credit is made by Landlord due to a default of Tenant the right to provide Landlord a Letter of Credit as alternative security to delivery of the cash Security Deposit shall be suspended for the remainder of the Term unless, in Landlord’s sole and absolute discretion without any obligation to approve the same, ▇▇▇▇▇▇▇▇ agrees to permit Tenant to provide a replacement clean, irrevocable, unconditional and transferable standby letter of credit upon the terms described in this Section 7 with any other commercially reasonable conditions required by Landlord. Tenant acknowledges and agrees that the Letter of Credit shall be at all times a third party obligation of the Issuing Bank to the Landlord and independent of the terms of this Lease. The terms of this Section 7 shall expressly survive the expiration or earlier termination of the Lease. 60447235.v9
Appears in 2 contracts
Sources: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)
Security Deposit. Tenant will provide Landlord If LICENSEE defaults under any of the terms or conditions of this Agreement more than two times during any twelve consecutive months during the term of this Agreement, LICENSEE agrees, that in addition to curing such event of default, it shall pay LICENSOR a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent equal to the amount of thirty thousand three hundred and fifteen dollars $25,000 (US$ 30,544.13"Security Deposit"), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant which will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve be held by LICENSOR without interest as security for the full and faithful performance by LICENSEE of LICENSEE's covenants and obligations under this Lease Agreement, and it being expressly understood that such amount shall be retained deposit is not an advance payment of license fees or a measure of LICENSOR's damages if LICENSEE defaults again. Following the payment of the Security Deposit, upon the occurrence of any event of default by Landlord as a security deposit for the purposes described LICENSEE, LICENSOR may, from time to time, without prejudice to any other remedy provided in this Agreement (or by law, use the "Deposit"). The Security Deposit shall serve to the extent necessary to make good any arrearages of payment owed by LICENSEE to LICENSOR or any amount as a guarantee to cover the payment of outstanding services, repairs and which LICENSEE is in default or for any other obligation derived from damage, injury, expense, or liability caused to LICENSOR by such event of default, regardless whether such damages or deficiency accrue before or after termination of this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfactionAgreement. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided Following any such permits are not included in either the Rent or the Service or Condominium Fee. If all or part application of the Deposit were used by Security Deposit, LICENSEE agrees to pay to LICENSOR on demand the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account so applied in order to have restore the Security Deposit to its original amount and LICENSEE's failure to do so within ten days of the date of demand will be, at LICENSOR's election, a material default under this Lease Agreement. If LICENSEE is not in default of this Agreement effective. Upon upon the termination of this Agreement, LICENSOR agrees to return any remaining balance of such Security Deposit to LICENSEE within thirty days of the Lease, Landlord will withhold date of the termination of this Agreement. LICENSOR's deduction of any amounts owed by LICENSEE to LICENSOR from the Security Deposit any unpaid obligations of Tenant to Landlord will in no event release LICENSEE from being in default under the Lease terms of this Agreement. LICENSOR will not be required to keep this Security Deposit separate from its general funds. LICENSEE agrees that it will not assign or encumber, including utilitiesor attempt to assign or encumber, the monies deposited under this Agreement as security, and that LICENSOR and its successors and assigns will not be bound by any such actual or attempted assignment or encumbrance. If LICENSEE cures the event of default that triggered the obligation to put up the $25,000 Security Deposit and is not then in default, LICENSOR agrees to refund to Tenant the balance of the $25,000 amount put as a Security Deposit within sixty (60) days, subject to ten days of the conditions provided abovedate of LICENSEE's request.
Appears in 2 contracts
Sources: License Agreement (Harvey Electronics Inc), License Agreement (Harvey Electronics Inc)
Security Deposit. Tenant will provide has deposited with Landlord a the Security Deposit set forth in the Basic Provisions as security deposit through a local bank guarantee, letter for the full and faithful performance of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution every provision of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed performed by Tenant. If Tenant fails to pay Base Rent, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Additional Rent or the Service other charges due hereunder or Condominium Fee. If all or part of the Deposit were used by the Landlord for otherwise defaults with respect to any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination provision of the Lease, Landlord will withhold from may use, apply or retain all or any portion of the Security Deposit for the payment of any unpaid obligations Base Rent, Additional Rent or other charge in default or for the payment of any other sum to which Landlord may become entitled by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. Tenant acknowledges and agrees that the Security Deposit is not an advance payment of Rent, nor a measure of or limit on the amount of Landlord’s damages in the event of any default by Tenant. If Landlord uses or applies all or any portion of the Security Deposit, Tenant shall within ten (10) days after written demand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full amount stated above and Tenant’s failure to do so shall be a material breach of this Lease. Landlord under shall not be required to keep the Lease Agreement, including utilities, and refund Security Deposit separate from its general accounts or to Tenant pay interest on the Security Deposit. The balance of the Security Deposit within sixty after deducting any amounts applied by Landlord as provided above, shall be returned, without payment of interest for its use, to Tenant (60) daysor at Landlord’s option, subject to the conditions provided abovelast assignee, if any, of Tenant’s interest hereunder) within thirty (30) days of the later of (i) the last day of the Term, (ii) the date Tenant vacated the Premises, or (iii) the date Tenant has fulfilled all its obligations hereunder. No trust relationship is created between Landlord and Tenant regarding the Security Deposit.
Appears in 2 contracts
Sources: Office Lease, Office Lease (Redfin CORP)
Security Deposit. Upon execution of this Lease, Tenant will provide shall deposit with Landlord a the Security Deposit. The Security Deposit shall be held by Landlord as security deposit through a local bank guaranteefor the faithful performance of all the terms of this Lease to be observed and performed by Tenant. The Security Deposit shall not be mortgaged, letter assigned, transferred or encumbered by Tenant and any such act on the part of credit Tenant shall be without force and effect and shall not be binding upon Landlord. Tenant shall cause the Security Deposit to be maintained throughout the term in the amount set forth in Section 1.1. If the Annual Fixed Rent or cash depositAdditional Rent payable hereunder shall be overdue and unpaid or should Landlord make any payment on behalf of the Tenant, equivalent or Tenant shall fail to perform any of the terms of this Lease, then Landlord may, at its option and without notice or prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply the entire Security Deposit or so much thereof as may be necessary to compensate Landlord toward the payment of Annual Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach by Tenant; and Tenant shall forthwith upon demand restore the Security Deposit to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13)stated in Section 1.1. Notwithstanding the foregoing, an amount equivalent to one (1) month's rent at upon the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained application by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit within sixty (60with or without notice thereof to Tenant) daysto compensate Landlord for a failure by Tenant to pay any Annual Fixed Rent or Additional Rent when due or to perform any other obligation hereunder, subject and until Tenant shall have restored the Security Deposit to the conditions provided aboveamount required by Section 1.1, Tenant shall be deemed to be in default in the payment of Additional Rent for purposes of Section 8.1(i) hereof. So long as Tenant shall not be in default of its obligations under this Lease, Landlord shall return the Security Deposit, or so much thereof as shall have not theretofore been applied in accordance with the terms of this Section 4.7, to Tenant promptly following the expiration or earlier termination of the term of this Lease and the surrender of possession of the Premises by Tenant to Landlord in accordance with the terms of this Lease. While Landlord holds the Security Deposit, Landlord shall have no obligation to pay interest on the same and shall have the right to commingle the same with Landlord’s other funds. If Landlord conveys Landlord’s interest under this Lease, the Security Deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord’s grantee, and Tenant shall look solely to such grantee for proper application of the Security Deposit in accordance with the terms of this Section 4.7 and the return thereof in accordance herewith. The holder of a mortgage on the Property shall not be responsible to Tenant for the return or application of the Security Deposit, whether or not it succeeds to the position of Landlord hereunder, unless such holder actually receives the Security Deposit.
Appears in 2 contracts
Sources: Lease Agreement (AxoGen, Inc.), Lease Agreement (AxoGen, Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent Subject to the amount terms of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned itemsArticle 35 below, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnantSecurity Deposit, if any, shall be returned delivered to Landlord upon the execution of this Lease by Tenant and shall be held by Landlord without liability for interest (unless required by Law) as security for the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paidperformance of Tenant’s obligations. The Security Deposit shall is not bear any interest an advance payment of Rent or a measure of Tenant’s liability for the benefit of the Tenantdamages. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance amount of the Security Deposit within sixty (60) days, shall be subject to reduction in the conditions manner and at the times specified as though it were a Letter of Credit (as described in Article 35). Landlord may, from time to time, without prejudice to any other remedy, use all or a portion of the Security Deposit to satisfy past due Rent or to cure any uncured default by Tenant. If Landlord uses the Security Deposit, Tenant shall on demand restore the Security Deposit to its original amount. At the later of (1) termination of this Lease, or (ii) the date Tenant surrenders the Premises to Landlord in accordance with the provisions of this Lease, Landlord shall return any unapplied portion of the Security Deposit (less any amounts retained to reimburse Landlord for any uncured defaults) to Tenant within 10 Business Days after the date this Lease expires or terminates and Tenant surrenders possession of the Premises to Landlord in accordance with this Lease. In addition to any other deductions Landlord is entitled to make pursuant to the terms hereof, Landlord shall have the right to make a good faith estimate of any unreconciled Expenses and/or Taxes as of the Termination Date and to deduct any anticipated shortfall from the Security Deposit. If Landlord transfers its interest in the Premises, Landlord may assign the Security Deposit to the transferee and, following the assignment, Landlord shall have no further liability for the return of the Security Deposit, provided abovethat such transferee has agreed in writing to assume the obligations of Landlord under this Lease with respect to the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its other accounts. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, or any similar or successor Laws now or hereinafter in effect.
Appears in 2 contracts
Sources: Office Lease Agreement (GoPro, Inc.), Office Lease Agreement (GoPro, Inc.)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth on page 1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit(the “Letter of Credit”): (i) in form and substance satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount issuer notice that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution satisfactory to Landlord, and (v) redeemable by presentation of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, a sight draft in the event the Improvements CMA is executed between the state of Landlord’s choice. If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, if applied by making a draw on the Letter of Credit, Tenant shall restore the Letter of Credit on demand to the full amount of the Security Deposit, and if applied by expending the amounts held in cash as a Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force, including, but not limited to, California Civil Code Section 1951.7,which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the obligationpayment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to settle due outstanding rent paymentsits original amount. If Tenant authorizes Landlord shall fully perform every provision of this Lease to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested be performed by Tenant, provided such permits are not included in either the Rent Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the Service or Condominium Fee. If all or part provisions of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Sources: Sublease Agreement (Poniard Pharmaceuticals, Inc.), Lease Agreement (Poniard Pharmaceuticals, Inc.)
Security Deposit. Upon execution of this Lease, Tenant will provide shall deposit with Landlord the Security Deposit in the amount set forth in Article 1. The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all of the terms, covenants and provisions of this Lease during the term hereof. In no event shall Landlord be obligated to pay, or Tenant is entitled to receive, any interest or other earnings on the security deposit. Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account but may freely commingle the security deposit through a local bank guaranteewith Landlord’s other funds. In the event Tenant fails to keep and perform any of the terms, letter covenants or provisions of credit this Lease, then Landlord, at Landlord’s option, may appropriate and apply the Security Deposit, or cash depositso much thereof as may be necessary to pay any Rent or other sums due hereunder for which Tenant shall be in default of payment. Tenant, equivalent upon notice from Landlord, immediately shall remit to Landlord an amount sufficient to restore this Security Deposit to the amount required to be maintained in accordance with this Article. Upon ▇▇▇▇▇▇’s full and complete performance and compliance with all of thirty thousand three hundred the terms, covenants and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution provisions of this Lease Agreement. After during the Cold Shell Building is Substantially Completedlease term, or, in upon the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part expiration of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount term and within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit ▇▇▇▇▇▇’s surrender of the Tenant. The security deposit shall be properly deposited Premises in Landlords bank account in order to have accordance with the terms of this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations shall be returned to Tenant. In the event of Tenant to a sale of the Building, Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of may deliver the Security Deposit within sixty (60) days, subject to the conditions provided abovepurchaser, and upon such delivery, Landlord shall be discharged from any further liability with respect to the Security Deposit.
Appears in 2 contracts
Sources: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii), Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)
Security Deposit. Tenant will provide The Security Deposit shall be held by Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve without obligation for interest thereon as security for the performance of Tenant's obligations under this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")Lease. The Security Deposit shall serve as is not an advance rental deposit or a guarantee to cover the payment measure of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfactiondamages in case of Tenant's default. The Upon each occurrence of a Default (as defined in Section 20), Landlord shall have the right, but not the obligation, to may use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Security Deposit were used to pay delinquent payments due under this Lease, future rent damages under Chapter 83, Florida Statutes, 2006, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord's right to use the Security Deposit under this Section 6 includes the right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant's obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Section 6. Tenant hereby waives the provisions of any law, now or hereafter in force, including, without limitation, Chapter 83, Florida Statutes, 2006, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any of the aforementioned itemsother loss or damage, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use foreseeable or unforeseeable, caused by the Landlordact or omission of Tenant or any officer, unless such use employee, agent or invitee of Tenant. The Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is made upon termination entitled under the provisions of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord's option, to the Tenant last assignee of Tenant's interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord's obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund this Section 6 or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant's right to the return of the Security Deposit shall apply solely against Landlord's transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's default. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Sources: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee("Security Deposit") for the performance of all of Tenant's obligations hereunder in the amount set forth in the Basic Lease Provisions, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit("Letter of Credit"): (i) in form and substance satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount issuer notice that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution satisfactory to Landlord, and (v) redeemable by presentation of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, a sight draft in the event the Improvements CMA is executed between the state of Landlord's choice. If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenant's obligations under this Lease. The Security Deposit is not an advance Rental deposit or a measure of Landlord's damages in case of Tenant's Default. Upon each occurrence of a Default (as defined in Section 20), but not Landlord may use all or any part of the obligationSecurity Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shalt pay Landlord on demand or provide a replacement Letter of Credit in the amount that will restore the Security Deposit to the amount set forth in the Basic Lease Provisions. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss, or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to settle due outstanding rent paymentsits original amount. If Tenant authorizes Landlord shall fully perform every provision of this Lease to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested be performed by Tenant, provided such permits are not included in either the Rent Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the Service or Condominium Fee. If all or part provisions of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord's option, to the Tenant last assignee of Tenant's interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord's obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant's right to the return of the Security Deposit shall apply solely against Landlord's transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord's damages in case of Tenant's Default. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Sources: Lease Agreement (Opgen Inc), Lease Agreement (Opgen Inc)
Security Deposit. Concurrently with Tenant’s execution of this Lease, Tenant will provide has deposited with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), in an amount equivalent equal to one $ .00 as set forth in Section 2 above (1the “Security Deposit”) month's rent at to secure Tenant’s performance of the moment of execution terms, conditions, covenants and provisions of this Lease AgreementLease. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use apply the Security Deposit in whole or in part to settle the payment of any unpaid Rent or other sums due outstanding rent paymentsfrom Tenant under the terms of this Lease or for damages suffered by Landlord due to non-performance or breach of any term, condition, covenant or provision of this Lease by Tenant or Tenant’s guests or invitees. Upon expiration or earlier termination of this Lease, and upon surrender of the Apartment Unit to Landlord pursuant to the conditions set forth in Sections 16 and 22 below, and upon full payment of all sums due Landlord hereunder, the Security Deposit or any portion remaining unapplied (without any interest) shall be returned to Tenant. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits is responsible for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the furnishing Landlord, unless such use is made upon termination of Tenant’s occupancy of the leaseApartment Unit, in which case with a forwarding address for all communications regarding the remnant, if any, Security Deposit. Landlord’s right to possession of the Apartment Unit for nonpayment of Rent or for any other breach of this Lease by Tenant shall not be returned affected by the fact that Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the holds a Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance payment of the Security Deposit within sixty (60) days, subject shall in no way be interpreted to limit Tenant’s liability hereunder. Tenant acknowledges and agrees that the conditions provided aboveSecurity Deposit and any charges applied against same are joint and several obligations with the other tenants in the Apartment Unit and that Landlord may refund any remaining Security Deposit by a check made payable to Tenant and such other tenants in the Apartment Unit who actually paid money toward the Security Deposit.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Security Deposit. Tenant will provide shall deposit with Landlord upon signing this Lease and, throughout the Term shall keep on deposit with Landlord, the Security Deposit Amount set forth in Article 1 as security for the payment by Tenant of the Rent and for the faithful performance of all the terms, conditions and covenants of this Lease (the “Security Deposit”). Landlord shall not be obligated to keep the Security Deposit as a separate fund, but may commingle the Security Deposit with Landlord’s own funds. If at any time during the Term Tenant shall default in the performance of any provisions of this Lease beyond applicable notice and cure periods, Landlord may, but shall not be required to, use the Security Deposit, or so much thereof as necessary, in payment of any Rent in default, or in reimbursement of any expense incurred by Landlord or in payment of the damages incurred by Landlord by reason of Tenant’s default. In such event, Tenant shall, upon written demand from Landlord, promptly remit to Landlord a security deposit through sufficient amount in cash to restore the Security Deposit to equal the Security Deposit Amount. Within 30 days after the expiration of this Lease and surrender of the Demised Premises in accordance with the terms and conditions of this Lease, the Security Deposit, or as much thereof as has not been utilized for such purposes, shall be refunded to Tenant without interest. Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest in the Demised Premises in the event such interest is sold, and, in such instance, Landlord named herein shall be discharged from any further liability with respect to the Security Deposit and Tenant shall look to Landlord’s successor for the return of the Security Deposit. Notwithstanding the above provisions of this Section 3.4, if any claims of Landlord exceed the amount of the Security Deposit, Tenant shall remain liable for the balance of such claims. Tenant may maintain the Security Deposit in the form of a local bank guarantee, letter of credit or cash deposit, equivalent so long as (i) the form and terms of said letter of credit and the issuing bank thereunder shall each be reasonably satisfactory to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after and (ii) the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution letter of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount credit shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee fully transferable without cost to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided above.
Appears in 2 contracts
Sources: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Security Deposit. 40.01. Tenant will provide shall deposit with Landlord on the signing of this Lease the Security Deposit, as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. Tenant agrees that in the event Tenant has defaulted in the performance of any of its obligations under this Lease, including the payment of any item of rental, and whether or not the transmittal of a security deposit through a local bank guaranteeNotice of default by Landlord is barred by applicable law, letter Landlord may use, apply or retain the whole or any part of credit the Security Deposit, to the extent required for the payment of any basic annual rent or additional rent as to which Tenant is in default, or for any sum that Landlord may expend or may be required to expend by reason of the default (including any damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord). If Landlord applies or retains any portion or all of the Security Deposit, Tenant shall forthwith restore the amount so applied or retained by delivering additional cash depositso that, equivalent to at all times, the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit shall be the amount set forth on the Reference Page. Provided there is no uncured default, any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty held by Landlord and not used, applied or retained by Landlord as above provided shall be returned to Tenant after the Expiration Date and after delivery of possession of the entire demised premises to Landlord in accordance with the terms of this Lease. Tenant shall not be entitled to any interest on the Security Deposit.
40.02. At Landlord’s sole option, Tenant shall give Landlord, upon its demand, a Letter(s) of Credit (60as defined and further described in this Section). After Landlord’s receipt from Tenant of the Letter(s) daysof Credit, subject if so requested by Landlord, Landlord shall return to Tenant any cash Security Deposit then held by Landlord as security under this Lease. “Letter of Credit” shall mean a clean irrevocable and unconditional standby letter of credit issued and drawn upon any commercial bank approved by Landlord having a net worth of at least One Billion U.S. Dollars and with offices for banking purposes in the conditions provided above.continental United States of America (“Issuing Bank”). Tenant shall cause each Letter of Credit to have a term of not less than one year, be in form and content satisfactory to Landlord, be for the account of Landlord and be in the amount of the Security Deposit set forth in the Reference Page. Landlord, at its sole option, may at any time require Tenant to deliver more than one (1) (as determined by Landlord in its absolute discretion) Letter of Credit from different Issuing Banks, each having a net worth of at least One Billion U.S. Dollars and each meeting the other requirements set forth in this Article 40 that an Issuing Bank must satisfy. Landlord, in its sole judgment, shall determine the dollar amount of each Letter of Credit, but in no event shall the combined Letters of Credit exceed the Security Deposit. Tenant shall cause the Letter(s) of Credit to provide that:
Appears in 2 contracts
Sources: Sublease Agreement (Scynexis Inc), Office Lease (Optimer Pharmaceuticals Inc)
Security Deposit. Tenant will provide agrees to deposit the Security Deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to on the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreementdate hereof. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount The Security Deposit shall be retained by Landlord as a security deposit for the purposes described in faithful performance and observance by Tenant of its obligations under this Agreement (Lease, it being expressly agreed that the "Deposit"). The Security Deposit shall serve as is not an advance rental deposit or a guarantee to cover the payment measure of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfactiondamages. The Except as may otherwise be required by applicable law, (a) Tenant shall not be entitled to any interest on the Security Deposit, (b) Landlord shall not be obligated to hold the Security Deposit in trust or in a separate account, and (c) Landlord shall have the right, but not right to commingle the obligation, to use the Security Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Feewith its other funds. If all Tenant defaults under this Lease and such default extends beyond any applicable grace or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five cure period (5) calendar days following notice of its use by default being given to Tenant to the extent required hereunder), without limiting any other right or remedy of Landlord, unless such use is made upon termination of Landlord may also apply the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear whole or any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance part of the Security Deposit to the extent required for the payment of any Rent or other sums payable under this Lease as to which Tenant is in default or on account of any sum which Landlord may expend or may be required to expend by reason of Tenant's default. If any portion of the Security Deposit is applied by Landlord for any such purpose, Tenant shall, within sixty ten (6010) daysdays after demand is made by Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. If Tenant shall fully and faithfully comply with all of the covenants and conditions of this Lease, the Security Deposit shall be promptly returned to Tenant after the expiration date of the Term and the surrender of the Premises to Landlord. In no event shall the Security Deposit be applied to the last monthly installment of Base Rent or Additional Rent due prior to the expiration date of the Term. In the event of a sale of the Premises, Landlord shall have the right to transfer the Security Deposit to the purchaser subject to the conditions provided aboveterms of this Lease, whereupon Landlord shall be released by Tenant from all liability for the return of the Security Deposit and Tenant shall look solely to the new landlord for its return.
Appears in 2 contracts
Sources: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)
Security Deposit. Tenant will provide Landlord a To the extent that the unapplied amount of the security deposit through a local bank guaranteeheld by Existing Landlord under the Existing Lease (such amount, letter the “Original Security Deposit”) is less than the amount of credit the Security Deposit specified in the Basic Provisions, on the Commencement Date, Tenant shall deposit with Landlord the difference between such amount of the Security Deposit and the Original Security Deposit, which, when combined with the Original Security Deposit shall be the Security Deposit for the performance by Tenant of its obligation under this Lease. Tenant agrees that if Tenant defaults in its performance of this Lease, or in the payment of any sums owing to Landlord, or in the payment of any other sums required from Tenant under the provisions of this Lease, then Landlord may, but shall not be obligated to, use the Security Deposit, or any portion thereof, to cure such default or to compensate Landlord for any damage, including Rent that is unpaid either before or after the termination of this Lease, late charges and costs of enforcement, and any other damages suffered by Landlord before or after the termination of this Lease which Landlord is entitled to recover pursuant to the terms of this Lease, and which are sustained by Landlord resulting from Tenant's default or nonpayment. If Landlord does so apply any portion of the Security Deposit, Tenant shall immediately pay Landlord sufficient cash deposit, equivalent to restore the Security Deposit to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent the then current Minimum Monthly Rent. If Tenant is not in default at the moment of execution expiration or termination of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from shall return the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance unexpended portion of the Security Deposit to Tenant within sixty (60) daysdays following expiration or termination of this Lease, subject without interest. Landlord's obligations with respect to the conditions provided aboveSecurity Deposit shall be those of debtor, and not of a trustee, and Landlord shall be entitled to commingle the Security Deposit with the general funds of Landlord. With the understanding that it is the parties’ intent that the terms of this Lease control their obligations regarding the Security Deposit, to the maximum extent permitted by applicable law (it being the specific intent of the parties that, to the extent applicable law permits Landlord to reserve greater rights with respect to the Security Deposit under the terms of this Lease than would otherwise be available under applicable law, Landlord be allowed to reserve such greater rights), Tenant hereby waives (a) any and all terms of applicable law, including, without limitation, California Civil Code Section 1950.7, applicable to security deposits in the commercial context to the extent inconsistent with the terms of this Lease, including, without limitation, any laws that provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises (“Security Deposit Laws”), and (b) to the extent inconsistent with the terms of this Lease, any and all rights, duties and obligations either Party may now or, in the future, will have under, relating to or arising from the Security Deposit Laws.
Appears in 2 contracts
Sources: Industrial Lease (Appfolio Inc), Industrial Lease (Appfolio Inc)
Security Deposit. Tenant will provide agrees to deposit with Landlord a $198,800.00 as security deposit through a local bank guarantee, letter for the performance by Tenant of credit or cash deposit, equivalent to the amount of thirty thousand three hundred every covenant and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution condition of this Lease Agreementby Tenant to be performed (the “Security Deposit”). After Notwithstanding the Cold Shell Building is Substantially Completedforegoing, or, Landlord has waived the requirement of Tenant to deposit with Landlord the Security Deposit in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above amount set forth in cash if such security deposit was provided to Landlord through a local bank guarantee at this Section 3.06 concurrently upon the execution of this Lease. Nevertheless, if Tenant defaults in the timely payment of the Base Rent or any Additional Rent required under this Lease Agreement. Such security on more than two (2) occasions during the Term of this Lease, then Tenant shall be required, within ten (10) days written notice from Landlord to deposit shall serve with Landlord the Security Deposit as security for Tenant’s complete performance of its obligations under this Lease Agreementand the remainder of the terms and provisions of this Section 3.06 shall be applicable to the Security Deposit. The failure by Tenant to deposit with Landlord the Security Deposit as required hereunder shall constitute a material default under this Lease and Landlord shall not be required to deliver to Tenant any further notice of such default or allow any grace period for the cure of such default. Said deposit may be commingled with other funds of Landlord, and such amount shall be retained by Landlord as a security bear no interest. Upon the deposit for of the purposes described in Security Deposit, if Tenant shall default with respect to any covenant or condition of this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover Lease, including, but not limited to, the payment of outstanding servicesany sum due hereunder, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The then Landlord shall have the right, but not the obligation, to may use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit within sixty (60) daysas is necessary to cure such default. In the event Landlord so uses the Security Deposit in part or in whole, subject Tenant will restore the Security Deposit to the required amount upon notice of said default and failure to do so shall be a default under this Lease. Should Tenant comply with all of the covenants and conditions provided aboveof this Lease, the Security Deposit or any balance thereof shall be returned to Tenant at the expiration of the Term thereof. The Security Deposit shall not be deemed an advanced payment of Rent or measure of Landlord’s damages for any default hereunder by Tenant.
Appears in 2 contracts
Sources: Lease (Fender Musical Instruments Corp), Lease (Fender Musical Instruments Corp)
Security Deposit. Within ten (10) days of the Effective Date, Tenant will provide shall deposit with Landlord the Security Deposit as set forth in Item 13 of the Summary of Basic Lease Terms as security for the full and faithful performance by Tenant of all Tenant’s obligations hereunder. No interest shall be paid upon the Security Deposit nor shall Landlord be required to maintain the deposit in a security deposit through segregated account. The Security Deposit shall not be construed as prepaid Rent. In the event that Tenant shall default in the full and faithful performance of any of the terms hereof, then Landlord may either retain the Security Deposit as liquidated damages, or a local bank guaranteeportion thereof, letter for damages caused by Tenant beyond ordinary wear and tear, or Landlord may retain the same and apply it toward any damages sustained by Landlord, including but not limited to actual damages sustained by the Landlord by reason of credit or cash depositthe default of Tenant, equivalent including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the sum so applied, which shall be added to the Security Deposit so that the same shall be restored to the amount first set forth above. In the event of thirty thousand three hundred bankruptcy or other debtor-creditor proceedings, either voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall be deemed to be applied in the following order: to actual damages caused by Tenant beyond ordinary wear and fifteen dollars (US$ 30,544.13)tear, an amount equivalent obligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to one (1) month's rent at Landlord for all periods prior to the moment filing of execution such proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, and thereafter to actual damages, obligations, other charges and damages sustained by Landlord and Rent due the Landlord for all periods subsequent to such filing. In the event of a sale of the Land and the Building, Landlord shall transfer the Security Deposit to the buyer, and shall confirm the same to Tenant in writing, after which transfer and written confirmation Landlord shall have no further obligation regarding the Security Deposit. Notwithstanding the foregoing, and so long as Tenant is not in default of this Lease Agreement. After the Cold Shell Building is Substantially Completedbeyond any applicable cure period, Landlord shall return to Tenant (or, in the event the Improvements CMA is executed between the Tenant and Landlordat Tenant’s option, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided or apply to Landlord through subsequent payments of Rent due hereunder) a local bank guarantee at the execution portion of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations in the amount of Tenant to Landlord under Sixty Thousand and 00/100 Dollars ($60,000.00) upon the Lease Agreement, including utilities, first anniversary of the Commencement Date and refund to Tenant also upon the date that is eighteen (18) months after the Commencement Date. The remaining balance of the Security Deposit shall be held until the expiration of the Lease Term. If Tenant fully and faithfully complies with all of the terms hereof, the Security Deposit or any balance thereof shall be returned to Tenant within sixty thirty (6030) days, subject to days after expiration of the conditions provided aboveLease Term or thirty (30) days after the final day Tenant occupies the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Security Deposit. Tenant will provide shall deliver to Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment time of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the by Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above set forth in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve Section 1.16 as security for Tenant’s faithful performance of Tenant’s obligations hereunder. If Tenant fails to pay Base Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease AgreementLease, Landlord may (but shall have no obligation to), after expiration of any applicable notice and such amount shall be retained by Landlord as a security opportunity to cure, use all or any portion of said deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesany Base Rent or other charge due hereunder, repairs and to pay any other obligation derived sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. If Landlord so uses or applies all or any portion of said deposit, Tenant shall within ten (10) days after written demand therefor deposit cash with Landlord in an amount sufficient to restore said deposit to its full amount. Landlord shall not be required to keep said security deposit separate from this Agreement and contractually its general accounts. If Tenant performs all of Tenant’s obligations hereunder, said deposit, or legally owed so much thereof as shall not then have been applied by TenantLandlord, shall be returned, without payment of interest or other amount for its use, to Tenant (or, at Landlord’s option, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnantlast assignee, if any, shall be returned by the Landlord to the Tenant in the of Tenant’s interest hereunder) within thirty (30) calendar days following after the date expiration of the term hereof, and after Tenant has vacated and delivered the Premises as required hereunder. Landlord may retain an amount reasonably calculated to be sufficient to pay any final amount of Taxes or Operating Expenses for the Comparison Year in which the Term ends. No trust relationship is created herein between Landlord and Tenant with respect to said security deposit. Tenant acknowledges that the security deposit is not an advance payment of any kind or a measure of or limit on which Landlord’s damages in the event of Tenant’s default. Any application of the security deposit by Landlord shall be without prejudice to any other right or remedy. If Landlord conveys Landlord’s interest under this Agreement is terminatedLease, provided the security deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord’s grantee, and, when so turned over, Tenant presented evidence satisfactory agrees to look solely to such grantee for proper application of the security deposit in accordance with the terms of this Section 5, and the return thereof in accordance herewith. The holder of a mortgage shall not be responsible to Tenant for the return or application of any such deposit, whether or not it succeeds to the Landlordposition of Landlord hereunder, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security unless such deposit shall be properly deposited have been received in Landlords bank account in order to have hand by such holder. Tenant hereby waives the provisions of any law which is inconsistent with this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveSection 5.
Appears in 2 contracts
Sources: Lease Agreement (NameMedia, Inc.), Lease Agreement (NameMedia, Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred The Security Deposit shall be due and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided payable to Landlord through a local bank guarantee at within ten (10) business days after the execution of this Lease Agreement. Such security deposit (but in no event later than the commencement of any Early Occupancy), and shall serve be held by Landlord as security for the performance of Tenant’s obligations. The Security Deposit is not an advance rental deposit, or a measure of Landlord’s damages in an Event of Default (as hereinafter defined). Upon any Event of Default, Landlord may use all, or part of, the Security Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or provided by law. Tenant shall pay Landlord within ten (10) business days of Landlord’s demand the amount that will restore the Security Deposit to its original amount. ▇▇▇▇▇▇▇▇’s obligation respecting the Security Deposit is that of a debtor, not a trustee. The Security Deposit shall be the property of Landlord, and any remaining amount of the Security Deposit shall be paid to Tenant when Tenant’s obligations under this Lease Agreementhave been fulfilled. Landlord shall not be required to keep the Security Deposit separate from its general accounts, and such amount no interest shall accrue thereon. Landlord shall be retained by released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord’s obligations. The Security Deposit under the Lease shall be USD$150,000.00, in the form of an unconditional, irrevocable letter of credit from a bank reasonably acceptable to Landlord as a security deposit for and in compliance with the purposes described material terms shown in this Agreement Exhibit G attached hereto (the "Deposit"“Letter of Credit”). The Deposit Letter of Credit shall serve as a guarantee either provide that it does not expire until 60 days following the Expiration Date or, if it is for less than the full Lease Term, shall be renewed by Tenant at least 60 days prior to cover its expiration during the payment Lease Term. The Letter of outstanding services, repairs and Credit shall provide that it may be drawn down upon by Landlord at any other obligation derived from this Agreement and contractually or legally owed by Tenant, time Landlord delivers its site draft to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Feebank. If all Landlord sells or part conveys the Premises, Tenant shall, at ▇▇▇▇▇▇▇▇’s request, cooperate in having the Letter of Credit transferred to the purchaser and Landlord agrees to notify Tenant in the event of such transfer. If the Letter of Credit is ever drawn upon by Landlord pursuant to the terms of the Deposit were used by Lease, Tenant shall within ten (10) business days thereafter cause the Landlord Letter of Credit to be restored to the then existing amount at the time immediately prior to the draw down. Notwithstanding anything contained herein to the contrary, in the event Tenant fails to renew the Letter of Credit in accordance with the terms and conditions as set forth in this Paragraph 7, or in the event that Tenant shall commence any proceeding for any relief, as defined in Paragraph 24(b) of the aforementioned itemsLease, an immediate Event of Default shall be deemed to have occurred, without the Tenant shall have an obligation requirement of notice or opportunity to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the leasecure, in which case Landlord may immediately draw down on the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit Letter of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveCredit.
Appears in 2 contracts
Sources: Lease Agreement (RayzeBio, Inc.), Net Lease Agreement (RayzeBio, Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of Upon Tenant’s execution of this Lease Agreement. After the Cold Shell Building is Substantially CompletedLease, orTenant shall deposit with Landlord, cash in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty set forth in the Principal Lease Provisions, to secure the performance by Tenant of its obligations under this Lease, including without limitation Tenant’s obligations (60i) daysto pay Basic Monthly Rent and Additional Rent (as defined below), subject (ii) to repair damages to the conditions Premises and/or the Project caused by Tenant or Tenant’s agents, employees, contractors, licensees, and invitees (collectively, “Tenant’s Invitees”), (iii) to surrender the Premises in the condition required by Paragraph 24, below, and (iv) to remedy any other Event of Default by Tenant in the performance of any of its obligations under this Lease. If Tenant commits an Event of Default under this Lease, Landlord may, at its election, use the Security Deposit to cure such Event of Default, and to compensate Landlord for all damage suffered by Landlord which are directly attributable to such Event of Default, including, without limitation, reasonable attorneys’ fees and costs incurred by Landlord. Upon demand by Landlord, Tenant shall promptly pay to Landlord a sum equal to any portion of the Security Deposit so used by Landlord, in order to maintain the Security Deposit in the amount set forth in the Principal Lease Provisions. Following the Expiration Date, and within the earlier of 30 days or the time frame otherwise required by applicable law, Landlord shall deliver to Tenant, at Tenant’s last known address, any portion of the Security Deposit not used by Landlord, as provided abovein this Paragraph. Landlord may commingle the Security Deposit with Landlord’s other funds and Landlord will not pay interest on such Security Deposit to Tenant.
Appears in 2 contracts
Sources: Modified Gross Office Lease, Modified Gross Office Lease (Bakbone Software Inc)
Security Deposit. Tenant will provide hereby agrees to pay to Landlord a security deposit through of eight thousand four hundred forty dollars and fifty cents ($8,440.50), which is equal to first month’s Base Rental, on the day this Lease is executed by Tenant (the “Security Deposit”). Upon the occurrence of any Event of Default by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrears of Base Rental or Additional Rental or any other payment obligation hereunder, including, but not limited to, the cost of any damage, injury, expense, or liability caused by any Event of Default by Tenant hereunder. Any remaining balance of the Security Deposit shall be returned by Landlord to Tenant within a local bank guaranteereasonable period of time after the termination or expiration of this Lease and the satisfaction of Tenant’s obligations hereunder. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Tenant shall not be entitled to receive and shall not receive any interest on the Security Deposit, letter and Landlord may commingle the same with other monies of credit Landlord. In the event Landlord applies the Security Deposit or cash depositany portion thereof to the payment of any sum described above and this Lease is not terminated, equivalent Tenant shall immediately deposit with Landlord an amount of money equal to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementso applied, and such amount shall be retained by Landlord as deemed to be part of the Security Deposit. In the event of a security deposit for sale or transfer of Landlord’s interest in the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesPremises, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from transfer the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreementpurchaser or lessor, including utilitiesas the case may be, and refund upon any such transfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall be relieved of all liability to Tenant for the balance return of the Security Deposit within sixty (60) daysDeposit, subject and Tenant shall look solely to the conditions provided abovenew owner or lessor for the return of the Security Deposit.
Appears in 2 contracts
Sources: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to Upon the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment later of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, Amendment and Landlord's receipt of Tenant's deposit in the event amount of $150,000.00 (the Improvements CMA is executed between "Security Deposit"), Landlord agrees to waive the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through requirement of a local bank guarantee at the execution letter of this Lease Agreement. Such security deposit shall serve credit as security for this Lease Agreement, and such amount shall be retained by Tenant's obligations under the Lease. Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If may apply all or part of the Security Deposit were used by the to any unpaid Rent or to cure any other defaults of Tenant. If Landlord for uses any part of the aforementioned itemsSecurity Deposit, Tenant shall restore the Security Deposit to its original amount within 1O business days after Landlord's written request. Tenant's failure to do so shall be a default under the Lease and the overdue amount shall accrue interest as any delinquent payment. If twice within any 12 month period, late charges are assessed against Tenant by Landlord, Landlord may, by written notice to Tenant, require Tenant to pay Landlord an amount equal to two months Base Rent as an increase in the Security Deposit, due within 5 business days after Tenant's receipt of the notice. If Landlord transfers its interest in the Premises, Landlord shall transfer the Security Deposit to its successor in interest, and notify Tenant in writing of such transfer, including the date of the transfer, the Tenant shall have an obligation to reinstate amount transferred, and the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination name and address of the leasetransferee, in which case whereupon Landlord shall be automatically released from any liability for the remnantreturn of the Security Deposit. If, if anyat the end of the Term, Tenant has fully complied with all obligations under the Lease, then the remaining Security Deposit shall be returned by to Tenant after Landlord has verified that Tenant has fully vacated the Landlord to Premises, removed all of its property and surrendered the Tenant Premises in the thirty (30) calendar days condition required; provided that Landlord may hold back a reasonable portion of the Security Deposit until final determination of Tenant's Share of Common Expenses due hereunder, which shall be made no later than 6 months following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit expiration of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon Term or earlier termination of the Lease, Landlord will withhold from whereupon any final adjustment shall be made and any remaining Security Deposit shall be returned to Tenant. Landlord's obligations with respect to the Security Deposit any unpaid obligations are those of Tenant to Landlord under the Lease Agreement, including utilitiesa debtor and not of a trustee, and refund to Tenant the balance of Landlord can commingle the Security Deposit within sixty (60) dayswith Landlord's general funds and no interest shall be paid to Tenant on the Security Deposit. If the Premises is further increased in size due to any option Tenant exercises or otherwise, subject the Security Deposit shall be increased to an amount to be determined by Landlord at the conditions provided abovetime of expansion.
Appears in 2 contracts
Sources: Office Lease (ArcherDX, Inc.), Office Lease (ArcherDX, Inc.)
Security Deposit. Tenant will provide has deposited with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the Security Deposit in the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned set forth above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in performance of each and every covenant and agreement to be performed by Tenant under this Agreement (the "Deposit")Lease. The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use apply the Security Deposit in whole or in part as payment of such amounts as are reasonably necessary to settle due outstanding remedy Tenant's defaults in the payment of rent payments. Tenant authorizes Landlord to use or in the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part performance of the Deposit were used covenants or agreements contained herein. Landlord's right to possession of the Property for non-payment of rent or any other reason shall not be affected by the fact that Landlord for any holds security. Tenant's liability is not limited to the amount of the aforementioned items, the Security Deposit. Landlord shall give Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following written notice of its use by the Landlord, unless such use is made upon termination application of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the Security Deposit or any part thereof within thirty (30) calendar days following of said application. If the date application is on which this Agreement is terminatedaccount of maintenance, provided Tenant presented evidence satisfactory to repairs or replacements necessitated by tenant, said notice shall include the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit estimated or actual cost of the Tenantsame, attaching estimates or paid receipts. The security deposit Upon receipt of said notice, Tenant shall be properly deposited at once pay to Landlord an amount sufficient to restore the Security Deposit in Landlords bank account in order to have this Lease Agreement effectivefull. Upon termination of the this Lease, Landlord will withhold from full payment of all amounts due and performance of all Tenant's covenants and agreements (including surrender of the Property in accordance with Paragraph 15), the Security Deposit or any unpaid obligations portion thereof remaining unapplied shall be returned to Tenant in accordance with applicable law. In the event of Tenant a sale, lease, or other transfer of the Building, Landlord may transfer or assign said Security Deposit to Landlord's grantee, lessee or assignee. Provided said grantee, lessee or assignee by written undertaking addressed to Landlord under assumes all Landlord's obligations hereunder, Tenant agrees to look to such grantee, lessee or assignee solely for the Lease Agreementreturn of said Security Deposit. The provisions hereof shall apply to each and every sale, including utilities, and refund to Tenant the balance lease or other transfer of the Security Deposit within sixty (60) days, subject to the conditions provided aboveBuilding.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Security Deposit. (a) Tenant's Security Deposit, which shall be delivered by Tenant will provide Landlord a security deposit through a local bank guaranteeto Landlord, letter of credit or cash deposit, equivalent to together with the amount of thirty thousand three hundred and fifteen dollars first (US$ 30,544.13), an amount equivalent to one (11st) month's rent at the moment payment of execution Base Rent and Equipment Space Rent concurrently with Tenant's delivery to Landlord of this Lease Agreement. After the Cold Shell Building is Substantially Completedas executed by Tenant, or, in the event the Improvements CMA is executed between the Tenant and shall be held by Landlord, after the Cold Shell Building Improvements are Substantially Completedwithout liability for interest, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant's obligations under this Lease AgreementLease. Landlord shall not be required to keep the Security Deposit segregated from other funds of Landlord. Tenant shall not assign or in any way encumber the Security Deposit. Upon the occurrence of any default by Tenant (beyond the giving of acceptable notice and the passage of applicable grace periods), and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligationwithout prejudice to any other remedy, to use the Security Deposit, or portions thereof, to the extent necessary to pay any arrearages in Rent, and any other damage, injury or expense. Following any such application of all or any portion of the Security Deposit, Tenant shall pay to Landlord, on demand, the amount so applied in order to restore the Security Deposit to settle due outstanding rent paymentsits original amount (or if the Security Deposit is a Letter of Credit, Tenant may either deliver cash, a replacement Letter of Credit, or an additional Letter of Credit). Provided Tenant authorizes is not in default hereunder, Landlord to use will return any unapplied portion of the Security Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date later to occur of (i) the expiration of the Term, and (ii) Tenant's vacancy of the Premises and Building in accordance with the provisions of this Lease.
(b) If the Security Deposit is in the form of a Letter of Credit , the Letter of Credit shall
(i) be in form and substance satisfactory to Landlord;
(ii) name Landlord as its beneficiary;
(iii) be drawn on which this Agreement is terminated, provided Tenant presented evidence an FDIC insured financial institution satisfactory to the Landlord, ;
(iv) expressly allow Landlord to draw upon it:
(A) in the event that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited is in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord default under the Lease Agreement, including utilities, and refund by delivering to Tenant the balance issuer of the Security Deposit Letter of Credit written notice that Landlord is entitled to draw thereunder pursuant to the terms of this Lease; or
(B) if Tenant, within sixty (60) daysdays prior to expiration of the Letter of Credit then held by Landlord, subject fails to provide Landlord with a replacement Letter of Credit meeting the requirements herein;
(v) expressly state that it will be honored by the issuer without inquiry into the accuracy of any such notice or statement made by Landlord;
(vi) expressly permit multiple or partial draws up to the conditions provided stated amount of the Letter of Credit;
(vii) expressly provide that it is transferable to any successor of Landlord; and
(viii) expire no earlier than sixty (60) days after the Expiration Date (alternatively, the Letter of Credit [and any renewals or replacements thereof] may be for a term of not less than one (1) year; in such event Tenant agrees that it shall from time to time, as necessary, [whether as a result of a draw on the Letter of Credit by Landlord pursuant to the terms hereof or as a result of the expiration of the Letter of Credit then in effect], renew or replace the original and any subsequent Letter of Credit so that a Letter of Credit, in the amount required hereunder, is in effect until a date which is at least sixty (60) days after the Expiration Date. If Tenant fails to furnish such renewal or replacement at least thirty (30) days prior to the stated expiration date of the Letter of Credit then held by Landlord, Landlord may draw upon such Letter of Credit and hold the proceeds thereof [and such proceeds need not be segregated] as a Security Deposit pursuant to the terms of this Article 18).
(c) Any renewal of or replacement for the original or any subsequent Letter of Credit shall meet the requirements for the original Letter of Credit as set forth above, except that such replacement or renewal shall be issued by a national bank satisfactory to Landlord at the time of the issuance thereof. Landlord agrees that in the event of any event which would give Landlord the right to draw upon the Letter of Credit, Landlord shall only draw down such amount as Landlord reasonably believes to be necessary to cure or remedy any default on the part of Tenant and to reimburse Landlord for any costs, expenses or liability incurred in connection with such default; notwithstanding the foregoing, if the amount of any draw upon the Letter of Credit exceeds the amount necessary to reimburse Landlord for such costs, expenses or liability, any excess proceeds of any draw on the Letter of Credit shall be held by Landlord as a Security Deposit pursuant to the provisions of this Article 18.
Appears in 2 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Security Deposit. Concurrently with Tenant’s execution of this Lease, Tenant will provide shall deliver to Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent sum equal to the amount stated in Section l(i) as security for the performance by Tenant of thirty thousand three hundred every covenant and fifteen dollars (US$ 30,544.13)condition of this Lease. Landlord’s obligations with respect to the Security Deposit are those of a debtor and not a trustee. Landlord may maintain such sums separate and apart from Landlord’s general funds or may commingle them with Landlord’s general or other funds. Landlord is not required to pay Tenant interest on such sums, an amount equivalent or any portion thereof. If Tenant defaults with respect to one (1) month's rent at the moment of execution any covenant or condition of this Lease Agreementbeyond any applicable notice and cure period, including but not limited to the payment of rent, Landlord may apply the whole or a part of the Security Deposit to the payment of any sum in default or any other sum which Landlord may be required to spend by reason of Tenant’s default. After Tenant shall replenish any amounts spent by Landlord pursuant to the Cold Shell Building is Substantially Completedterms of Section 23 below within thirty (30) days following receipt of notice from Landlord. Within a reasonable period of time (not to exceed thirty (30) days) after expiration of the Lease Term or earlier termination of this Lease, orthe Security Deposit shall be returned to Tenant, in less those amounts that may be required by Landlord under the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution terms of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for (a) to remedy defaults on the purposes described part of Tenant in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesRent or otherwise, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, (b) to repair damages to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested Premises caused by Tenant, provided such permits are not included in either Landlord is entitled to the Rent or same under the Service or Condominium Feeterms of this Lease, and (c) to restore the Premises to the condition required by this Lease. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice disposes of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant interest in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the LeasePremises, Landlord will withhold from shall deliver or credit the Security Deposit any unpaid to Landlord’s successor in interest in the Premises and provided such successor assumes Landlord’s obligations hereunder, Landlord shall be relieved of Tenant further responsibility with respect to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveDeposit.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Tableau Software Inc)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(“Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth in the Basic Lease Provisions, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit(“Letter of Credit”): (i) in form and substance reasonably satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount of thirty thousand three hundred issuer notice that Tenant is then in Default (as defined in Section 20) and fifteen dollars Landlord is entitled to draw thereunder, (US$ 30,544.13), iv) issued by an amount equivalent FDIC-insured financial institution reasonably satisfactory to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, and (v) redeemable by presentation of a sight draft in Maryland. If Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s Default. Upon each occurrence of a Default that remains uncured, but not Landlord may use all or any part of the obligationSecurity Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand, or provide a replacement Letter of Credit in, the amount that will restore the Security Deposit to the amount set forth in the Basic Lease Provisions. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to settle due outstanding rent paymentsits original amount. If Tenant authorizes Landlord shall fully perform every provision of this Lease to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested be performed by Tenant, provided such permits are not included in either the Rent Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the Service or Condominium Fee. If all or part provisions of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 60 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s Default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Sources: Lease Agreement (Glycomimetics Inc), Lease Agreement (Glycomimetics Inc)
Security Deposit. On or before the Execution Date of this Lease, Tenant will provide shall deposit with Landlord a the initial installment of the Security Deposit as set forth in Section 2.2, which sum shall be held by Landlord as security deposit through a local bank guaranteefor the faithful performance by Tenant of all of the terms, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred covenants and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution conditions of this Lease Agreementto be kept and performed by Tenant during the Term. After Interest shall accrue on the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Security Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit Tenant and shall be properly deposited in Landlords bank account in order paid to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund extent that Tenant is entitled to Tenant the balance return of the Security Deposit as provided in this Lease. Landlord shall not be required to maintain a separate account for the Security Deposit, but may intermingle it with other funds of Landlord; provided however, Landlord shall keep the Security Deposit in a federally insured, interest-bearing account for the benefit of Tenant. If Tenant Defaults with respect to any provision of this Lease, then without notice to Tenant, Landlord may (but shall not be required to), apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default. If any portion of the Security Deposit is so used or applied, then Tenant shall, upon demand therefor, restore the Security Deposit to its original amount. So long as no default has occurred and is continuing, the unapplied portion of the Security Deposit shall be returned to Tenant, or, at Landlord's option, to the last assignee of Tenant's interest hereunder, within sixty (60) daysdays following the expiration of the Term. Tenant hereby irrevocably waives and relinquishes any and all rights, benefits, or protections, if any, Tenant now has, or in the future may have under any provision of law which (a) establishes the time frame by which a landlord must refund a security deposit under a lease, or (b) provides that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant, or to clean the subject premises. Tenant acknowledges and agrees that (x) any statutory time frames for the return of a security deposit are superseded by the express period identified in this Section 5.4, and (y) rather than be so limited, Landlord may claim from the Security Deposit (i) any and all sums expressly identified in this Section 5.4, and (ii) any additional sums reasonably necessary to compensate Landlord for any and all losses or damages caused by Tenant's default of this Lease, including, but not limited to, all damages or rent due upon termination of this Lease. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the conditions provided abovepayment of Rent and other charges due Landlord for all periods prior to the filing of such proceedings.
Appears in 2 contracts
Sources: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)
Security Deposit. (a) Tenant will provide shall deliver to Heritage Title Company of Austin, Inc. (“Escrow Agent”) upon execution and delivery of this Lease by Tenant the Security Deposit as security for the full and faithful performance of each of the terms hereof by Tenant. The Security Deposit shall be delivered to Landlord a security deposit through a local bank guarantee, letter by the Escrow Agent upon Landlord’s achievement of credit or cash deposit, equivalent the Delivery Date Milestone and delivery to the amount Escrow Agent and Tenant of thirty thousand three hundred the evidence of completion for such Milestone as set forth in Section 2.3 above. Landlord and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at Tenant shall execute a commercially reasonable escrow agreement regarding the moment escrow of the Security Deposit promptly after execution of this Lease AgreementLease, it being agreed that the Escrow Agent’s standard escrow agreement is commercially reasonable. After Landlord shall be required to keep the Cold Shell Security Deposit separate from its general funds and Tenant shall be entitled to interest thereon. If an Event of Default occurs, Landlord may, but shall not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of such Event of Default, including, without limitation, costs and attorneys’ fees incurred by Landlord to recover possession of the Premises. If any portion of the Security Deposit is so used or applied, Tenant shall, upon demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant’s failure to do so shall constitute an Event of Default. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default.
(b) Except as expressly set forth in this Lease, Tenant acknowledges that Landlord has the right to transfer or mortgage its interest in the Building is Substantially Completedand in this Lease, or, and Tenant agrees that in the event the Improvements CMA is executed between the Tenant and Landlordof any such transfer or mortgage, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent transfer or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from assign the Security Deposit any unpaid obligations to the transferee or mortgagee. Upon such transfer or assignment of the Security Deposit, Landlord shall be deemed released by Tenant to Landlord under from all liability or obligation for the Lease Agreement, including utilities, and refund to Tenant the balance return of the Security Deposit and Tenant shall look solely to such transferee or mortgagee for the return of the Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) within sixty (60) days, subject days following the expiration of the Term and surrender of possession of the Premises to Landlord in compliance with the conditions provided aboveprovisions of this Lease.
Appears in 2 contracts
Sources: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
Security Deposit. Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars set forth in Article 1 (US$ 30,544.13“Security Deposit”), an amount equivalent to one (1) month's rent at the moment of upon Tenant’s execution and submission of this Lease AgreementLease. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit The Security Deposit shall serve as security for the prompt, full and faithful performance by Tenant of the provisions of this Lease. If Tenant commits a Default, or owes any amounts to Landlord upon the expiration or earlier termination of this Lease Agreement(including estimated amounts under Article 3, and such amount which shall be retained by remain subject to reconciliation against actual amounts as further provided therein), Landlord as a security deposit may use or apply the whole or any part of the Security Deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and Tenant’s obligations hereunder. The use or application of the Security Deposit or any portion thereof shall not prevent Landlord from exercising any other obligation derived right or remedy provided hereunder or under any Law and shall not be construed as liquidated damages. In the event the Security Deposit is reduced by such use or application, Tenant shall deposit with Landlord within ten (10) days after notice, an amount sufficient to restore the full amount of the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from this Agreement and contractually Landlord’s general funds or legally owed by Tenantpay interest on the Security Deposit. Any remaining portion of the Security Deposit not used or applied hereunder shall be returned to Tenant (or, at Landlord’s option, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses last assignee of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included ’s interest in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount this Lease) within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following after Tenant (or such assignee) has vacated the date on which Premises in accordance with Article 23 and this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit obligation shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon survive termination of the Lease. If the Premises shall be expanded at any time, Landlord will withhold from or if the Term shall be extended at an increased rate of Rent, the Security Deposit shall thereupon be proportionately increased. Tenant shall not assign, pledge or otherwise transfer any unpaid obligations interest in the Security Deposit except as part of Tenant to an assignment of this Lease approved by Landlord under the Lease Agreement, including utilitiesArticle 13, and refund any attempt to do so shall be null and void. Landlord shall provide Tenant with written notice of the balance transfer of the Security Deposit within sixty (60) days, subject to the conditions provided aboveany other party.
Appears in 2 contracts
Sources: Office Lease (Chimerix Inc), Office Lease (Chimerix Inc)
Security Deposit. 9.1 Upon execution of this Lease, Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to in the amount of thirty thousand three hundred $268,583 as security for the faithful performance by Tenant of all of the terms, covenants, and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution conditions of this Lease Agreement. After to be kept and performed by Tenant during the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the term and any extension term hereof If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided defaults with respect to Landlord through a local bank guarantee at the execution any provision of this Lease Agreement. Such security deposit shall serve as security for this Lease AgreementLease, including but not limited to any provision relating to the payment of Rent, and such amount subject to any notice requirements and cure periods for Tenant’s benefit set forth in Article 24, Landlord may (but shall not be retained by Landlord as a required) to use, apply or retain the security deposit for the purposes described payment of any Rent or any other sum in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. Landlord may use the security deposit without giving notice of default to Tenant as otherwise required by Article 24 if Landlord is precluded from giving such notice by any provision of the Bankruptcy Code. Tenant hereby grants to Landlord a security interest in the security deposit in accordance with the applicable provisions of the California Commercial Code to secure the obligations of this Agreement Lease.
9.2 In the event any or all of the security deposit is used to cure a Tenant default, Tenant shall within fifteen (15) days after request therefore replenish the "Deposit"). The Deposit security deposit to the full amount set forth above.
9.3 In the event of bankruptcy or other debtor/creditor proceedings against Tenant, the security deposit shall serve as a guarantee be deemed to cover be applied first to the payment of outstanding services, repairs Rent and any other obligation derived from this Agreement and contractually or legally owed by Tenant, charges due Landlord for all periods prior to the Landlord's satisfaction. The filing of such proceedings.
9.4 Landlord shall have deliver the rightsecurity deposit to any purchaser of Landlord’s interest in the Premises, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes and thereupon Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by discharged from any further liability with respect thereto provided that such purchaser has agreed to assume in writing the obligations of Landlord hereunder. This provision shall also apply to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. subsequent transfers.
9.5 The security deposit shall be properly deposited in Landlords bank account in order returned to have Tenant within thirty (30) days following the expiration of this Lease Agreement effective. Upon termination of the Lease, except for amounts which are actually used to pay or reimburse Landlord will withhold from the Security Deposit for costs incurred by Landlord to cure any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided abovedefault by Tenant.
Appears in 2 contracts
Sources: Lease (Biocept Inc), Lease (Biocept Inc)
Security Deposit. Tenant will provide shall, at the time that Tenant executes and delivers this Lease to Landlord, pay to Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. In no event shall the Security Deposit be deemed to be a prepayment of thirty thousand three hundred rent or a measure of liquidated damages. ▇▇▇▇▇▇ agrees that no interest shall accrue on the Security Deposit and fifteen dollars (US$ 30,544.13), an amount equivalent that Landlord shall have the right to one (1) month's rent at commingle the moment Security Deposit with other funds of execution of this Lease AgreementLandlord. After the Cold Shell Building is Substantially Completed, or, in In the event the Improvements CMA is executed between the that Tenant and Landlordshall default in any of its obligations under this Lease, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligationwithout prior notice to Tenant, to use apply the Security Deposit to settle due outstanding rent payments(or any portion thereof) towards the cure of any such default. Tenant authorizes shall promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to use restore the full amount of the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a rejection of this Lease pursuant to the provisions of the Federal Bankruptcy Code, Landlord shall have the right to apply the Security Deposit (from time to time, if necessary) to cover the expenses full amount of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold damages and other amounts due from the Security Deposit any unpaid obligations of Tenant to Landlord under this Lease. Any amounts so applied shall, at ▇▇▇▇▇▇▇▇’s election, be applied first to any unpaid rent and other charges which were due prior to the Lease Agreement, including utilities, and refund to Tenant filing of the balance petition for protection under the Federal Bankruptcy Code. The application of all or any part of the Security Deposit within sixty (60) daysto any obligation or default of Tenant under this Lease shall not deprive Landlord of any other rights or remedies Landlord may have or constitute a waiver by Landlord. Provided that Tenant is not in default of any of its obligations under this Lease at the expiration of the Term, subject Landlord shall refund to Tenant any portion of the conditions provided aboveSecurity Deposit which Landlord is then holding.
Appears in 2 contracts
Sources: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)
Security Deposit. Tenant will provide The Security Deposit shall be held by Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant's obligations under this Lease AgreementLease. If Tenant fails to pay Rent, and such amount shall be retained by or otherwise an Event of Default occurs under this Lease, Landlord as a security deposit may use, apply or retain all or any portion of said Security Deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesany amount already due Landlord, repairs and for Rents which will be due in the future, and/or to reimburse or compensate Landlord for any other obligation derived from this Agreement and contractually liability, expense, loss or legally owed damage which Landlord may suffer or incur by Tenantreason thereof. If Landlord uses or applies all or any portion of the Security Deposit, Tenant shall within 10 days after written request therefor deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease. If the Base Rent increases during the term of this Lease, Tenant shall, upon written request from Landlord's satisfaction, deposit additional monies with Landlord so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as the initial Security Deposit bore to the initial Base Rent. The Should the Permitted Use be amended to accommodate a material change in the business of Tenant or to accommodate a sublessee or assignee, Landlord shall have the right, but not the obligation, right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from increase the Security Deposit to the extent necessary, in Landlord's reasonable judgment, to account for any unpaid obligations of Tenant to increased wear and tear that the Premises may suffer as a result thereof. Landlord under the Lease Agreementmay use, including utilities, and refund to Tenant the balance apply or retain all or any portion of the Security Deposit within sixty (60i) daysfirst, subject for Tenant's repair obligations, including without limitation, the obligation to restore the Premises to the conditions provided abovecondition required under this Lease, (ii) second, to the payment of any rent or other sum in default or for the payment of any other sum to which Tenant may become obligated by reason of Tenant's default, and (iii) third, to compensate Landlord for any loss or damage which Landlord may suffer thereby. If a change in control of Tenant occurs during this Lease and following such change the financial condition of Tenant is, in Landlord's reasonable judgment, significantly reduced, Tenant shall deposit such additional monies with Landlord as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition. Landlord shall not be required to keep the Security Deposit separate from its general accounts. Within 90 days after the expiration or termination of this Lease, Landlord shall return that portion of the Security Deposit not used or applied by Landlord. Landlord shall upon written request provide Tenant 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 to be prepayment for any monies to be paid by Tenant under this Lease (including, without limitation, Base Rent). Tenant hereby waives California Civil Code Section 1950.7, and all other provisions of law, now or hereafter in force, which may provide that Landlord can claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee or agent of Tenant.
Appears in 2 contracts
Sources: Standard Industrial Multi Tenant Lease (iPower Inc.), Standard Industrial Multi Tenant Lease (iPower Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent Owner agrees to pay to the Marina the amount of thirty thousand three hundred the Security Deposit specified above, to secure the faithful performance of Owner's obligations hereunder. In addition to all remedies that ▇▇▇▇▇▇ ▇▇▇ have under this Agreement, ▇▇▇▇▇▇ ▇▇▇ at its sole option and fifteen dollars judgment apply such amounts of said Security Deposit Fee as are reasonably necessary to: (US$ 30,544.13)a) remedy Owner's default in payment of the fees and other charges due hereunder; (b) repair damage to Marina property caused by Owner's or Owner's family, guests, agents or other invitees; (c) clean the berth/mooring/storage space; (d) pay attorneys' fees, litigation expenses and costs incurred in enforcing the Marina's rights and remedies relating to this Agreement; and/or (e) to satisfy any other of the Owner's obligations hereunder. In the event this Security Deposit or any portion thereof is applied as provided herein, Owner agrees to deposit with the Marina, within ten (10) days after written demand from ▇▇▇▇▇▇, an amount equivalent sufficient to one (1) monthrestore said Security Deposit to its original sum. If the amount of the Security Deposit is increased during any term of the Agreement, Owner agrees to pay additional sums as will cause the Security Deposit paid by him/her/it to equal the amount required by the Marina's rent then current "Rate Schedule." Failure to do so shall constitute a material breach of this Agreement. All Security Deposits are fully earned at the moment time of execution payment to Marina. Upon termination of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant Agreement any remaining portion of said Security Deposit will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar Owner within 30 days following the date on which this Agreement the Marina has regained possession of the berth/mooring/storage space and is terminatedable to determine the amount of any refund if any, provided Tenant presented evidence satisfactory to the LandlordOwner. Unless the Marina expressly so approves in writing, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall Owner may not bear use any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit within sixty (60) daysas payment of the last month's wharfage fees. ▇▇▇▇▇▇ shall have the right to combine said Security Deposit with other funds of the Marina. ▇▇▇▇▇▇ shall not be obligated to, subject to and shall not, pay interest on the conditions provided aboveSecurity Deposit.
Appears in 2 contracts
Sources: Maritime Contract for Private Wharfage, Maritime Contract for Private Wharfage
Security Deposit. Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of upon execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, hereof that sum identified in the event Summary as the Improvements CMA is executed between Security Deposit (the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve “Security Deposit”) as security for Tenant’s faithful performance of Tenant’s obligations hereunder. If Tenant fails to pay rent or other charges due hereunder (all of which, collectively, are defined to be “Rent”), or otherwise defaults with respect to any provision of this Lease AgreementLease, and such amount shall be retained by Landlord as a security may use, apply, or retain all or any portion of said deposit for the purposes described payment of any rent or other charge in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover default or for the payment of outstanding services, repairs and any other obligation derived sum to which Landlord may become obligated by reason of Tenant’s default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. The use, application, or retention of the Security Deposit by Landlord shall not prevent Landlord from this Agreement exercising any other remedy provided hereunder or at law and contractually shall not be construed as liquidated damages. If Landlord so uses or legally owed applies all or any portion of said deposit, Tenant shall, within ten (10) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore said deposit to the full amount then required of Tenant. Landlord shall not be required to keep the Security Deposit separate from its general accounts and Tenant shall not be entitled to, and Tenant hereby specifically waives any requirement that Landlord pay interest on the Security Deposit. If Tenant performs all of Tenant’s obligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by TenantLandlord, shall be returned, without payment of interest or other increment for its use, to Tenant or, at Landlord’s option, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnantlast assignee, if any, shall be returned by of Tenant’s interest hereunder. at the expiration of the Term hereof, and after Tenant has vacated the Leased Premises. No trust or fiduciary relationship is created herein between Landlord and Tenant with respect to the Tenant in Security Deposit. If Landlord transfers the thirty (30) calendar days following Leased Premises during the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the LeaseTerm hereof, Landlord will withhold from may pay the Security Deposit to Landlord’s successor in interest in accordance with Civil Code § 1950.7 or any unpaid obligations of Tenant to successor statute, in which event the transferring Landlord under shall be released from all liability for the Lease Agreement, including utilities, and refund to Tenant the balance return of the Security Deposit within sixty (60) days, subject to the conditions provided aboveDeposit.
Appears in 2 contracts
Security Deposit. Tenant will provide hereby agrees to pay to Landlord a security deposit through of forty-three thousand seven hundred eighty-two dollars ($43,782), which is equal to first month’s Base Rental, on the day this Lease is executed by Tenant (the “Security Deposit”). Upon the occurrence of any Event of Default by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrears of Base Rental or Additional Rental or any other payment obligation hereunder, including, but not limited to, the cost of any damage, injury, expense, or liability caused by any Event of Default by Tenant hereunder. Any remaining balance of the Security Deposit shall be returned by Landlord to Tenant within a local bank guaranteereasonable period of time after the termination or expiration of this Lease and the satisfaction of Tenant’s obligations hereunder. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Tenant shall not be entitled to receive and shall not receive any interest on the Security Deposit, letter and Landlord may commingle the same with other monies of credit Landlord. In the event Landlord applies the Security Deposit or cash depositany portion thereof to the payment of any sum described above and this Lease is not terminated, equivalent Tenant shall immediately deposit with Landlord an amount of money equal to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementso applied, and such amount shall be retained by Landlord as deemed to be part of the Security Deposit. In the event of a security deposit for sale or transfer of Landlord’s interest in the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesPremises, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from transfer the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreementpurchaser or lessor, including utilitiesas the case may be, and refund upon any such transfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall be relieved of all liability to Tenant for the balance return of the Security Deposit within sixty (60) daysDeposit, subject and Tenant shall look solely to the conditions provided abovenew owner or lessor for the return of the Security Deposit.
Appears in 1 contract
Sources: Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of Concurrently with Tenant’s execution of this Lease Agreement, Tenant has deposited with Landlord the sum of $[ ] as the Security Deposit for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Agreement. After the Cold Shell Building It is Substantially Completed, oragreed that, in the event Tenant defaults in respect of any of the Improvements CMA is executed between the Tenant terms, provisions and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution conditions of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover including, but not limited to, the payment of outstanding servicesRent, repairs and Landlord may use, apply or retain the whole or any part of the Security Deposit to the extent required for the payment of any Rent or any other obligation derived from sum as to which Tenant is in default or for any sum which Landlord may expend or may be required to expend by reason of Tenant's default in respect of any of the terms, covenants and conditions of this Agreement, including, but not limited to, any damages or deficiency in the reletting of the Premises, whether such damage or deficiency accrued before or after summary proceedings or other re-entry by Landlord. Tenant shall remain liable for any amount that the Security Deposit shall be insufficient to pay. In the event Landlord applies any portion of the Security Deposit to remedy such default or to repair damages to the Premises caused by the Tenant, Tenant shall pay to Landlord, within fifteen (15) days, after written demand for such payment by Landlord, all monies necessary to restore the deposit up to the original amount. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Agreement, the Security Deposit shall be returned to Tenant after the date fixed at the end of this Agreement and contractually or legally owed by Tenantafter delivery of entire possession of the Premises to Landlord. In the event of a sale of the land and Building, to of which the Landlord's satisfaction. The Premises form a part, Landlord shall have the right, but not the obligation, right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from transfer the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilitiesvendee, and refund to Landlord shall thereupon be released by Tenant from all liability for the balance return of the Security Deposit within sixty (60) days, subject and Tenant agrees to look to the conditions provided abovenew Landlord solely for the return of the Security Deposit. It is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not assign, or encumber the Security Deposit, and that neither Landlord nor its assigns shall be bound by any such assignment, or encumbrance. Landlord shall not be required to keep the security in a segregated account and the security may be commingled with other funds of Landlord, and in no event shall Tenant be entitled to any interest on the security.
Appears in 1 contract
Sources: Lease Agreement
Security Deposit. Upon signing this Lease, Tenant will provide shall deposit the Security Deposit with Landlord a security deposit through a local by wire or intra- or inter- bank guaranteetransfer of the Security Deposit into the Rent Payment Account or into such other account as Landlord shall direct, letter of credit and this Lease shall not be deemed executed and delivered until the Security Deposit shall be so deposited. Landlord shall not be required to segregate the Security Deposit from Landlord's other funds or cash depositpay interest thereon, equivalent unless and to the amount extent required by Laws. If Tenant does not fulfill any of thirty thousand three hundred and fifteen dollars (US$ 30,544.13)its obligations under the Lease, an amount equivalent Landlord may apply the Security Deposit or any portion thereof on account of such obligation or to one (1) monthreimburse Landlord for any sum which Landlord may expend due to Tenant's rent at default. If Landlord applies any part of the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially CompletedSecurity Deposit, orTenant, in the event the Improvements CMA is executed between the Tenant and immediately after notice from Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide shall deposit with Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The so applied so that Landlord shall have the right, but not full Security Deposit available at all times during the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium FeeTerm. If Tenant complies with all or part the terms, covenants and conditions of the Deposit were used by the Landlord for any of the aforementioned itemsthis Lease, the Tenant shall have an obligation to reinstate the used amount within five Security Deposit (5or any balance thereof) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by to Tenant not later than forty-five (45) days after the Landlord Expiration Date and delivery of possession of the entire Premises to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit amount of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations shall be subject to reduction as follows. Provided no Event of Default shall then have occurred hereunder, (i) on or after September 30, 2016, Tenant may request in writing that Landlord reduce the aggregate amount of the Security Deposit to Landlord under the Lease Agreement, including utilities$32,000.00, and refund (ii) on or after February 28, 2017, Tenant may request in writing that Landlord reduce the aggregate amount of the Security Deposit to $12,000.00. Provided that there shall not have previously occurred an Event of Default as aforesaid, Landlord shall return to Tenant the balance applicable portion of the Security Deposit within sixty thirty (6030) days, subject to days after receipt of the conditions provided aboveapplicable notice from Tenant.
Appears in 1 contract
Security Deposit. Upon Tenant’s execution of this Lease, Tenant will provide shall deliver to Landlord, as a Security Deposit for the performance by Tenant of its obligations under this Lease, the amount specified in the Basic Lease Information. If Tenant is in default beyond applicable notice and cure periods, Landlord may, but without obligation to do so, use the Security Deposit, or any portion thereof, to cure the default or to compensate Landlord for all damages sustained by Landlord resulting from Tenant’s default. Tenant shall, immediately on demand, pay to Landlord a security sum equal to the portion of the Security Deposit so applied or used so as to replenish the amount of the Security Deposit held to increase such deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreementinitially deposited with Landlord. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the Within thirty (30) calendar days following after the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the this Lease, Landlord will withhold from shall return the Security Deposit any unpaid obligations to Tenant, less such amounts as are reasonably necessary, as determined solely by Landlord, to remedy Tenant’s default(s) hereunder or to otherwise restore the Premises to as clean and safe condition as at the Commencement Date, reasonable wear and tear casualty and condemnation excepted. If the cost to restore the Premises exceeds the amount of the Security Deposit, Tenant shall promptly deliver to Landlord under any and all of such excess sums as reasonably determined by Landlord. Landlord shall not be required to keep the Lease AgreementSecurity Deposit separate from other funds, including utilitiesand, and refund unless otherwise required by law, Tenant shall not be entitled to interest on the Security Deposit. In no event or circumstance shall Tenant have the balance right to any use of the Security Deposit within sixty (60) daysand, subject specifically, Tenant may not use the Security Deposit as a credit or to the conditions provided aboveotherwise offset any payments required hereunder, including, but not limited to, Rent or any portion thereof.
Appears in 1 contract
Sources: Lease Agreement (Synplicity Inc)
Security Deposit. Tenant will provide Landlord shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit through a local bank guarantee(the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth on page 1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable letter of credit or cash deposit(the “Letter of Credit”): (i) in form and substance reasonably satisfactory to Landlord, equivalent (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the amount issuer notice that Landlord is entitled to draw thereunder, (iv) issued by Bank of thirty thousand three hundred America, NA, or another FDIC-insured financial institution satisfactory to Landlord, and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1v) month's rent at the moment redeemable by presentation of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, a sight draft in the event the Improvements CMA is executed between the Commonwealth of Massachusetts. If Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will does not provide Landlord with a substitute Letter of Credit complying with all of the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee requirements hereof at least 10 days before the execution stated expiration date of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany then current Letter of Credit, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to draw the full amount of the current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), but not Landlord may use all or any part of the obligationSecurity Deposit to pay delinquent payments due under this Lease, future rent damages, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit to settle due outstanding rent payments. Tenant authorizes Landlord under this Section 6 includes the right to use the Security Deposit to cover pay future rent damages following the expenses termination of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Feethis Lease. If Upon any use of all or part any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit were used to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of the aforementioned itemsTenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. So long as Tenant shall have an obligation is not then in Default under this Lease, the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to reinstate which Landlord is entitled under the used amount within five (5) calendar days following notice provisions of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 60 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 1 contract
Security Deposit. Concurrently with Tenant’s execution of this Lease, Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to (the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1“Security Deposit”) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnantamount, if any, set forth in Section 8 of the Summary, as security for the faithful performance by Tenant of all of its obligations under this Lease. If Tenant defaults with respect to any provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of resultant damage, Landlord may, without prior notice to Tenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in default, to cure any other breach or default by Tenant under this Lease, to compensate Landlord for any loss or damage sustained as a result of Tenant’s breach or default, or to discharge any other obligation of Tenant under this Lease (in such order and priority as Landlord may elect in its sole discretion),and Tenant shall, upon demand therefor, restore the Security Deposit to its original amount. Provided Tenant is not in Default, any unapplied portion of the Security Deposit shall be returned by the Landlord to Tenant, or, at Landlord’s option, to the Tenant in the last assignee of Tenant’s interest hereunder, within thirty (30) calendar days following the date on which this Agreement is terminated, provided expiration of the Lease Term. Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear be entitled to any interest on the Security Deposit and the same may be comingled with Landlord’s other funds. Tenant hereby irrevocably waives and relinquishes any and all rights, benefits, or protections, if any, Tenant now has, or in the future may have, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant, or to clean the subject premises. Tenant acknowledges and agrees that that (A) any statutory time frames for the benefit return of the Tenant. The a security deposit shall are superseded by the express period identified in this Article 21, above, and (B) rather than be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Leaseso limited, Landlord will withhold may claim from the Security Deposit (i) any unpaid obligations of Tenant to Landlord under the Lease Agreementand all sums expressly identified in this Article 21, including utilitiesabove, and refund (ii) any additional sums reasonably necessary to Tenant the balance compensate Landlord for any and all losses or damages caused by Tenant’s default of the Security Deposit within sixty (60) daysthis Lease, subject to the conditions provided aboveincluding, but not limited to, all damages or rent due upon termination of this Lease.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) monthConcurrently with ▇▇▇▇▇▇'s rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially CompletedLease, Tenant will provide shall deposit with Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution sum of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement One Million Six Hundred Eighty Thousand Dollars (the $1,680,000.00) ("Security "Deposit"). The Landlord shall not be deemed a trustee of the Security Deposit, may use the Security Deposit in business, and shall serve as a guarantee not be required to cover segregate it from its general accounts. Tenant shall not be entitled to interest on the Security Deposit. If Tenant defaults beyond any applicable notice and cure period with respect to any provisions of the Lease, including but not limited to the provisions relating to payment of outstanding servicesBase Monthly Rent or other charges, repairs and any other obligation derived from this Agreement and contractually or legally owed by TenantLandlord may, to the Landlordextent reasonably necessary to remedy Tenant's satisfaction. The default, use any or all of the Security Deposit towards payment of the following: (i) Base Monthly Rent or other charges in default beyond any applicable notice and cure period; (ii) any other amount which Landlord shall have the rightmay spend or become obligated to spend by reason of Tenant's default including, but not limited to Tenant's failure to restore or clean the obligationPremises following vacation thereof. If any portion of the Security Deposit is so used or applied, Tenant shall, within ten (10) days after written demand from Landlord, deposit cash with Landlord in an amount sufficient to use restore the Security Deposit to settle due outstanding rent payments. Tenant authorizes its full original amount, and shall pay to Landlord such other sums as necessary to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the reimburse Landlord for any sums paid by Landlord. Tenant may not assign or encumber the Security Deposit without the consent of the aforementioned items, the Tenant Landlord. Any attempt to do so shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the be void and shall not be binding on Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, . The Security Deposit shall be returned by the Landlord to the Tenant in the within thirty (30) calendar days following after the date Expiration Date and surrender of the Premises to Landlord, less any amount deducted in accordance with this Section, together with ▇▇▇▇▇▇▇▇'s written notice itemizing the amounts and purposes for such deduction. ▇▇▇▇▇▇▇▇ agrees that in lieu of a cash Security Deposit, Tenant, at its election from time to time during the Lease Term may deposit with Landlord a letter of credit as Security Deposit in a form reasonably acceptable to Landlord as shown on which this Agreement is terminatedExhibit 4.D. attached. Within three (3) business days of such deposit, Landlord shall return to Tenant any cash Security Deposit replaced by such letter of credit (or in the event Tenant replaces a letter of credit with cash, Landlord shall return the letter of credit to ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatement Requested Tenant within 3 business days of ▇▇▇▇▇▇▇▇'s receipt of the cash Security Deposit). ▇▇▇▇▇▇▇▇ shall return to Tenant Landlord shall be entitled to draw the full amount of the letter of credit at any time provided Tenant presented evidence satisfactory that Landlord certifies to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit issuer of the Tenantletter of credit that Tenant is in default beyond any applicable notice and cure period under the Lease. The security deposit Unless Tenant has deposited cash as Security Deposit, Tenant shall keep the letter of credit in effect during the entire Lease Term, as the same may be extended, plus a period of four (4) weeks after expiration of the Lease Term, and at least thirty (30) days prior to expiration of any letter of credit, the term thereof shall be properly deposited in Landlords bank account in order renewed or extended for a period of at least one (1) year. Tenant's failure to have so renew or extend the letter of credit shall be a material default of this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the by Tenant unless Tenant has deposited a cash Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided abovewith Landlord.
Appears in 1 contract
Sources: Lease Agreement (Scios Inc)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit On or cash deposit, equivalent to before the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially CompletedEffective Date, Tenant will provide shall deposit with Landlord the security deposit mentioned above sum specified in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease AgreementArticle 1 as "Security Deposit". Such security Said deposit shall serve be held by Landlord without liability for interest as security for the faithful performance by Tenant of all of its obligations under this Lease AgreementLease. The Security Deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the prior written consent of Landlord and any such amount act on the part of Tenant shall be retained without force and effect and shall not be binding upon Landlord. If any of the rents herein reserved or any other sum payable by Tenant to Landlord shall be overdue and unpaid or should Landlord make payments on behalf of Tenant, or if Tenant shall fail to perform any of the terms of this Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire Security Deposit or so much thereof as may be necessary to compensate Landlord for Minimum Annual Rental or Additional Rent, loss or damage sustained by Landlord as a security deposit for result thereof, and Tenant shall forthwith upon demand restore said Security Deposit to the purposes described in this Agreement (original sum deposited. Should Tenant comply with all of said obligations and promptly pay all of the "Deposit"). The rentals as they fall due and all other sums payable by Tenant to Landlord, said Security Deposit shall serve as a guarantee be refunded in full to cover Tenant within forty-five (45) days after the expiration or earlier termination of the Lease Term. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of outstanding services, repairs rent and any other obligation derived from this Agreement and contractually or legally owed charges due Landlord for all periods prior to filing of such proceedings. Landlord may deliver the funds deposited hereunder by Tenant, Tenant to the purchaser or assignee of Landlord's satisfaction. The interest in the Premises in the event that such interest is transferred and thereupon Landlord shall have the rightbe discharged from any further liability with respect to such Security Deposit, but not the obligation, and this provision shall also apply to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses any subsequent transfer of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant 's interest in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided abovePremises.
Appears in 1 contract
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided shall also pay to Landlord through a local bank guarantee at concurrently with the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementthe sum of $142, and such amount shall 845 to be retained by Landlord as security ("Deposit") for the faithful performance by Tenant of all of the provisions, conditions, and covenants of this Lease. At no time during the Term shall Tenant construe the Deposit to be rent or elect to apply the same to any other sums due and payable by Tenant hereunder. In the event of a security deposit default of any kind or nature by Tenant under this Lease, Landlord may elect to retain the applicable portion of the Deposit to offset the same against the actual loss or damage sustained, or expend so much thereof as may be necessary to cure any such default, but the liability of Tenant shall only be discharged proportionately should the Deposit be insufficient to satisfy the debts due or damages incurred by Landlord. If at any time during the term Landlord should use the Deposit as aforementioned, then Tenant agrees to promptly replace the sum expended upon demand by Landlord. Nothing contained in this Article shall require or be deemed to require Landlord to resort to the Deposit prior to exhausting any and all other rights and remedies available against Tenant nor shall anything contained herein be construed to deprive Landlord of any other remedy, whether at law, in equity, or reserved under this Lease should Landlord resort to the Deposit pursuant to this Section. Landlord shall not pay Tenant any interest on the Deposit nor be required to maintain the same separately from other funds of Landlord. Landlord shall return the Deposit or so much to Tenant thereof as has not heretofore been applied by Landlord for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesstated herein, repairs and any without interest or other obligation derived from this Agreement and contractually or legally owed by Tenantincrement, to the upon Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part ’s determination that upon expiration of the Deposit were used by the Landlord for any Lease Tenant has complied with all terms of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit without default of any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided abovenature whatsoever.
Appears in 1 contract
Security Deposit. Tenant, contemporaneously with the execution of this Lease, shall deposit the amount set forth as in Section 1(O) as the Security Deposit with Landlord. The Security Deposit is being given to secure the faithful performance by Tenant will provide of all of the terms, covenants and conditions of this Lease by Tenant to be kept and performed during the Lease Term. The Security Deposit shall remain on account for the duration of the Lease Term. The Security Deposit shall never be less than the then current GMMR, and Tenant, upon request by Landlord, agrees to remit to Landlord a security deposit through sufficient amount to maintain the Security Deposit in an amount equal to the then current GMMR. Tenant agrees that if Tenant shall fail to pay the Rent herein reserved promptly when due, the Security Deposit may be applied, at the option of Landlord (but Landlord shall not be required to), to any Rent due and unpaid, and if Tenant violates any of the other terms, covenants and conditions of this Lease, the Security Deposit shall be applied to any damages suffered by Landlord as a local bank guarantee, letter result of credit or cash deposit, equivalent Tenant’s default to the extent of the amount of the damages suffered. The Security Deposit shall be held by Landlord for Tenant and the claim of Tenant to such payment or deposit shall be prior to the claim of any creditor of Landlord except a trustee in bankruptcy. Landlord may claim of the Security Deposit only such amounts as are reasonably necessary to remedy Tenant’s defaults and payment of Rent, to repair damages to the Premises caused by Tenant or to clean the Premises upon termination of the tenancy. Any remaining portion of the Security Deposit shall be returned to Tenant no later than thirty thousand three hundred (30) days after termination of its tenancy. Nothing contained in this Section 4(F) shall in any way diminish or be construed as waiving any of Landlord’s other remedies as provided in any other provision of this Lease, or by law or in equity. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue Rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, on the written demand of Landlord, promptly remit to Landlord a sufficient amount in cash to restore the Security Deposit to a sum equal to the then current GMMR, and Tenant’s failure to do so within fifteen dollars (US$ 30,544.13)15) days after the date of such statement of demand, an amount equivalent to one (1) month's rent at shall constitute a material breach of this Lease. Should Tenant comply with all of the moment of execution terms, covenants and conditions of this Lease Agreement. After and promptly pay all of the Cold Shell Building is Substantially CompletedRent herein provided for as it falls due, orand all other sums payable by Tenant to Landlord hereunder, the Security Deposit shall be returned in full to Tenant within thirty (30) days of the end of the Lease Term, or upon the earlier termination of this Lease pursuant to the provisions of Section 20, except in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements Premises are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord sold as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part result of the Deposit were used by the Landlord for exercise of any power of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice sale under any mortgage or deed of its use by the Landlord, unless such use is made upon termination of the leasetrust, in which case the remnant, if any, event this Lease shall be returned by the Landlord automatically amended to the delete any reference to this Section 4(F), and Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order entitled to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance immediate reimbursement of the Security Deposit within sixty (60) days, subject to from the conditions provided aboveparty then holding same.
Appears in 1 contract
Sources: Shop Lease (Body & Mind Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at Concurrent with the execution of this Lease Agreement. Such security deposit Lease, Tenant shall serve pay to Landlord the sum of $7,440.00 ("Security Deposit") as security for the performance by Tenant of the terms, covenants and conditions of this Lease AgreementLease. If the base rent due under Paragraph 3 hereof is increased during the term of this Lease, then within fifteen (15) days of notification by Landlord of said increase in base rent, without further notice, Tenant shall pay to Landlord an additional amount to be held as part of the Security Deposit so that the total Security Deposit held by Landlord 15 in the same proportion to the increased base rent due pursuant to Paragraph 3 hereof as tile original Security Deposit bore to the original base rent due under Paragraph 3 hereof Should Tenant faithfully perform all of the terms, covenants and such amount conditions of this Lease, the Security Deposit shall be retained repaid by Landlord as a security deposit for to Tenant at the purposes described in end of the term of this Agreement (Lease. Tenant shall not use the "Deposit"). The Security Deposit shall serve as a guarantee to cover pay the payment of outstanding serviceslast or any month's rent, repairs and or any other obligation derived from this Agreement charges due hereunder. This sum, both in equity and contractually or legally owed by Tenantat law, to the is Landlord's satisfactionseparate property. The In the event Tenant defaults in any amount payable hereunder or fails to perform any of the other obligations of Tenant hereunder, then Landlord shall have the rightright to apply said Security Deposit, but or any portion thereof, toward the curing of such default or failure. The use or application or the Security Deposit or any portion thereof shall not prevent Landlord from exercising any other right or remedy provided hereunder, at law or in equity7 and shall not be construed as liquidated damages. Ii' the obligationevent of any such application by Landlord, Tenant shall, upon demand of Landlord, forthwith deposit with Landlord a sufficient amount of cash to use the restore said Security Deposit to settle due outstanding rent payments. Tenant authorizes Landlord the original amount thereof, and Tenant's failure to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount do so within five (5) calendar days following after such demand by Landlord shall carry with it the same consequences as failure to pay any installment of rental due under this lease. The five (5) day notice specified in the previous sentence shall insofar as not prohibited by law, constitute full satisfaction of notice of default provision required by law or ordinance. Tenant acknowledges that Landlord has the right to transfer or mortgage its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant interest in the thirty (30) calendar days following Project4 or any portion thereof, and Tenant agrees that in the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear event of any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Leasesuch transfer or assign, Landlord will withhold from shall have the right to transfer or assign the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilitiestransferee or mortgagee. Upon, and refund only upon, written acknowledgement of Transferees or mortgagee's receipt of such Security Deposit, Landlord shall thereby be released by Tenant from all liability or obligation for the return of such Security Deposit and Tenant shall look solely to Tenant such transferee or mortgagee for the balance return of the Security Deposit within sixty (60) days, subject to the conditions provided aboveDeposit.
Appears in 1 contract
Sources: Lease (Entertainment Internet Inc)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of To secure its obligations under this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially CompletedLease, Tenant will provide to Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the Security Deposit upon execution of this Lease AgreementLease. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Tenant hereby grants to Landlord as a security deposit for interest in and to the purposes described Security Deposit to secure Tenant's obligations under this Lease. In the event of Tenant's default as provided in Paragraph 18 of this Agreement (Lease, Landlord may, but shall not be required to, use, apply or retain all or any part of the "Deposit"). The Security Deposit shall serve as a guarantee to cover the extent required to satisfy Tenant's obligations hereunder including without limitation the payment of outstanding servicesany Base Rent, repairs and Additional Rent, interest, late charges or any other obligation derived from this Agreement and contractually sum in default, or legally owed for the payment of any other amount which Landlord may reasonably spend or become obligated to spend by reason of Tenant, 's default or to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default, including, without limitation, costs and attorneys' fees incurred by Landlord to recover possession of the aforementioned itemsPremises following a default by Tenant hereunder, all without prejudice to any other right or remedy Landlord may have against Tenant. If the Security Deposit or any portions thereof are so used, then Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following after its receipt of a written demand from Landlord deposit cash in an amount sufficient to restore the date on which cash Security Deposit to its original sum, and Tenant's failure to so restore the Security Deposit shall be deemed an event of default under Paragraph 18 of this Agreement is terminatedLease without further notice or cure period. Landlord may commingle the Security Deposit with Landlord's other funds. In the event of bankruptcy or other insolvency proceedings filed by or against Tenant, provided Tenant presented evidence satisfactory the Security Deposit shall be deemed to be applied first to the Landlord, that payment of Rent and other charges due Landlord for all utilities bills corresponding periods prior to the Tenant are fully paideffective date of such proceedings. The Deposit shall not bear any interest for At the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the this Lease, Landlord will withhold from shall return any remaining Security Deposit without interest upon receipt of Tenant's forwarding address, or as provided by law, whichever is later (but in no event later than thirty (30) days after the date of termination of this Lease). Tenant shall not assign or encumber the Security Deposit any unpaid obligations of Tenant Deposit, or attempt to Landlord under the Lease Agreement, including utilitiesdo so, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveLandlord shall not be bound by any such assignment or encumbrance.
Appears in 1 contract
Sources: Lease (Intuitive Surgical Inc)
Security Deposit. Tenant will provide agrees to deposit with Landlord on or prior to February 1 2001, a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to as stated in the amount of thirty thousand three hundred and fifteen dollars Basic Lease Information (US$ 30,544.13the “Security Deposit”), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant which sum shall be held and owned by Landlord, after the Cold Shell Building Improvements are Substantially Completedwithout obligation to pay interest, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant’s covenants and obligations under this Lease Agreement, and such amount shall be retained Lease. The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant’s default. Upon the occurrence of any event of default by Tenant, Landlord may from time to time, without prejudice to any other remedy provided herein or by law, use such fund as a security deposit for credit to the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee extent necessary to cover the payment credit against any arrears of outstanding servicesRent or other payments due to Landlord hereunder, repairs and any other obligation derived from this Agreement damage, injury, expense or liability caused by such event of default, and contractually or legally owed by TenantTenant shall pay to Landlord, on demand, the amount so applied in order to restore the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Security Deposit to settle due outstanding rent paymentsitsoriginal amount. Tenant authorizes Landlord to use Although the Security Deposit to cover shall be deemed the expenses property of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless any remaining balance of such use is made upon termination of the lease, in which case the remnant, if any, deposit shall be returned by the Landlord to Tenant at such time after termination of this Lease that all of Tenant’s obligations under this Lease have been fulfilled, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in the thirty (30) calendar days following the date on which payment of Rent or other obligations of Tenant under this Agreement is terminatedLease, provided Tenant presented evidence satisfactory to repair damage to the LandlordPremises, that all utilities bills corresponding Building or Project caused by Tenant or any Tenant’s Parties and to clean the Tenant are fully paidPremises. The Deposit shall not bear any Landlord is hereby granted a security interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations in accordance with applicable provisions of Tenant to the California Commercial Code. Landlord under the Lease Agreement, including utilities, may use and refund to Tenant the balance of commingle the Security Deposit within sixty with other funds of Landlord. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, and all other provisions of any Regulations, now or hereinafter in force, which restricts the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (60or its successors) days, subject any obligation with respect to the conditions provided abovehandling or return of security deposits.
Appears in 1 contract
Security Deposit. Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter the sum of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars $200,000.00 (US$ 30,544.13), an amount equivalent to “Security Deposit”) no later than one (1) month's rent at business day after the moment of full execution and delivery of this Lease Agreementby both parties. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit The Security Deposit shall serve as security for this Lease Agreementthe prompt, full and such amount shall be retained faithful performance by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by terms and provisions of this Lease. In the Landlord for event that Tenant is in Default hereunder and fails to cure within any of the aforementioned itemsapplicable time permitted under this Lease, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant or in the thirty (30) calendar days following event that Tenant owes any amounts to Landlord upon the date on which expiration of this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, then following written notice and a 3-business day cure period, Landlord will withhold from may use or apply the Security Deposit whole or any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance part of the Security Deposit for the payment of Tenant’s obligations hereunder. The use or application of the Security Deposit or any portion thereof shall not prevent Landlord from exercising any other right or remedy provided hereunder or under any Law and shall not be construed as liquidated damages. In the event the Security Deposit is reduced by such use or application, Tenant shall deposit with Landlord within three (3) business days after written notice, an amount sufficient to restore the full amount of the Security Deposit. Except as may be required by Law, Landlord shall not be required to keep the Security Deposit separate from Landlord’s general funds or pay interest on the Security Deposit. In no event shall the Security Deposit be considered an advanced payment of Rent, and in no event shall Tenant be entitled to use the Security Deposit for the payment of Rent. Any remaining portion of the Security Deposit shall be returned to Tenant within sixty (60) daysdays after Tenant has vacated the Premises in accordance with Article 13. If the Premises shall be expanded at any time, subject or if the Term shall be extended at an increased rate of Rent, the Security Deposit shall thereupon be proportionately increased. Landlord shall transfer the unused portion of the Security Deposit, if any, to any purchaser of the Building. Upon such transfer, Tenant shall look solely to such purchaser for return of the Security Deposit; and Landlord shall be relieved of any liability with respect to the conditions provided aboveSecurity Deposit. The holder of any Mortgage shall not be liable for the return of the Security Deposit unless such Mortgage holder actually receives the Security Deposit. Notwithstanding the foregoing, so long as no Default on the part of Tenant shall exist under this Lease, which remains uncured beyond any applicable cure period, the Security Deposit in the original amount of $200,000 shall be reduced by $50,000 after the expiration of each of the third, fourth and fifth Lease Years with $50,000 remaining as the Security Deposit under this Lease from and after the sixth Lease Year. Each reduction shall occur and the amount of the Security Deposit so reduced shall be refunded to Tenant upon the later to occur of: (i) thirty (30) days following Tenant’s written request to Landlord following the expiration of the third, fourth and fifth Lease years, or (ii) sixty (60) days following the expiration of the third, fourth and fifth Lease Years.
Appears in 1 contract
Security Deposit. Tenant will provide Landlord With respect to each Property, Lessee shall deposit with Lessor the amount in cash as described and allocated on Schedule 9.3 (each, the “Allocated Deposit” and collectively, the “Security Deposit”). Lessee hereby grants Lessor a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent interest in and to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease AgreementSecurity Deposit. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit The Allocated Deposit for each Property shall serve be held by Lessor as security for the performance by the applicable Facility Lessee of all obligations under this Lease Agreementto be performed by such Facility Lessee with respect to the applicable Property, and such amount Lessee shall not be retained entitled to interest thereon unless required by Landlord as applicable law. Lessor shall not be required to segregate the Security Deposit in a security deposit for separate account and may commingle the purposes described Security Deposit with other assets of Lessor or its Affiliates. The Security Deposit is not an advance payment of rent or a measure of damages. Lessor may from time to time and without prejudice to any other remedy provided in this Agreement Lease or by applicable law, but subject to any applicable notice and cure periods, use all or a portion of the Allocated Deposit to the extent necessary, with respect to the applicable Property, to (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesi) satisfy past due Rent, repairs and or (ii) satisfy any other obligation derived loss or damage resulting from the applicable Facility Lessee’s breach of this Agreement and contractually Lease, including such Facility Lessee’s failure to make any necessary or legally owed by Tenant, required repairs to the Landlord's satisfactionapplicable Property. The Landlord In the event that Lessor uses or applies all or any portion of the Allocated Deposit for a given Property pursuant to this Section 9.3, Lessee shall have deposit with Lessor an amount sufficient to replenish the right, but not the obligation, to use the Allocated Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used its original amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paidreceipt of written demand from Lessor. The Deposit Lessor shall not bear return any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance unapplied portion of the Security Deposit to Lessee within sixty forty-five (6045) daysdays after the latest to occur of: (a) the full and final payment of Rent, subject and all other amounts and obligations due hereunder; and (b) the expiration or termination of this Lease.
(ii) New Schedule 9.3. A new “Schedule 9.3” is added to the conditions provided aboveMaster Lease entitled “Security Deposit” in the form attached as Schedule 9.3 to this Amendment.
Appears in 1 contract
Sources: Master Lease Agreement (MPT Operating Partnership, L.P.)
Security Deposit. 11.1 Except where otherwise provided in writing, the Agent shall hold the deposit in accordance with the Housing Act 2004 and the Tenant Fees Act 2019. Such deposit shall be the equivalent of five or six weeks rent. The Agent will within thirty days of the signing of the Tenancy Agreement (or such other period as shall be prescribed by legislation) subscribe to one of the designated Tenancy Deposit Schemes and within such period shall provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred Landlord and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfactiontenant full details of the scheme including such other information as may be reasonably required.
11.2 After the termination of the Tenancy the Landlord shall use his best endeavors to agree with his tenant what deductions should be made from the deposit and will in any event within ten days of the termination of the Tenancy notify the Agent of what sums/issues remain in dispute.
11.3 The Agent will, as soon as reasonably practicable after such notification, refer the dispute to the Administrator of the Tenancy Deposit Scheme subscribe to who will then determine matters in accordance with the provisions of that scheme. The Landlord shall have agrees to provide such co-operation as is reasonably required to assist in such a referral and the righttermination of any dispute. This obligation does not in any way limit the Landlord’s right to make an application to the County Court where appropriate.
11.4 Except with the consent of the Landlord’s tenant or where there has been a determination made by the relevant Tenancy Deposit Scheme or by a Court of Law, but the Landlord accepts that notwithstanding the terms of his Tenancy Agreement, no deductions will be made from the deposit and that he will not the obligation, be entitled to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part claim interest thereon.
11.5 Westwood ▇▇▇▇▇ Lettings LTD is a member of the Deposit were used by the Landlord for Protection Service which is administered by: The Deposit Protection Service The Pavilions Bridgwater Road Bristol BS99 6AA +▇▇ (▇)▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
1. If there is no dispute, Westwood ▇▇▇▇▇ Lettings LTD will keep any amounts as deductions where expenditure has been incurred on behalf of the aforementioned items, landlord or repay the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant whole or the balance of the Security Deposit within sixty (60) days, subject deposit according to the conditions provided aboveof the tenancy agreement with the landlord and the tenant. Payment of the deposit will be made within 10 days of written agreement by the landlord and the tenant.
2. If following notification of a dispute to Westwood ▇▇▇▇▇ Lettings LTD and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the landlord and the tenant over the allocation of the deposit, it may be submitted to DPS for adjudication. All parties agree to co-operate with an adjudication. Either party may decide to take the dispute to the small claims court rather thanDPS.
3. The statutory rights of either the landlord or tenant to take legal action against the other party are not affected.
4. It is not compulsory for the parties to refer a dispute to DPS for adjudication. The parties may seek a decision from the Court. However, this process may take longer and will incur costs. If the parties do agree that DPS may resolve the dispute, then they have to abide by that decision.
5. The Agent must co-operate with DPSin the adjudication of the dispute and follow any recommendations of the DPS.
6. Where there are rent arrears, the deposit will in the first instance be used to clear these and any balance will go towards dilapidations.
Appears in 1 contract
Sources: Agency Agreement
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter The Security Deposit (as defined above) shall be paid by Licensee to JTC on the date of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of Licensee’s execution of this Lease Agreement and shall be held by JTC for the performance of Licensee's covenants and obligations under this Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Security Deposit shall not bear be considered an advance payment of any interest for the benefit Monthly License Fee or other charge or a measure of the TenantJTC's damage in case of default by Licensee. The security deposit JTC shall not be properly deposited in Landlords bank account in order obligated to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from place the Security Deposit in an interest bearing account, but instead may commingle the Security Deposit with other funds of JTC, nor shall JTC be required to pay interest thereon. Upon the occurrence of any unpaid obligations default by Licensee or breach by Licensee of Tenant to Landlord Licensee's covenants under the Lease this Agreement, including utilitiesJTC may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrears of payments of the Monthly License Fee or other sum due to JTC hereunder, or to repair any damage or injury, and refund to Tenant pay any expense or liability incurred by JTC as a result of the default or breach of covenant, and any remaining balance of the Security Deposit shall be returned by JTC to Licensee upon termination of this Agreement as provided below. If any portion of the Security Deposit is so used or applied, Licensee shall upon ten (10) days written notice from JTC, deposit with JTC an amount sufficient to restore the Security Deposit to its original amount. In the event that JTC shall transfer all or any part of its interest in the Master Premises, JTC may transfer the Security Deposit to such transferee and shall thereupon be released by Licensee from any and all liability for the return of the Security Deposit and Licensee agrees thereafter to look only to such transferee for the return of the Security Deposit. Licensee shall not assign or encumber its interest in the Security Deposit, and JTC shall not be bound by any attempted assignment or encumbrance of Licensee's interest therein. The Security Deposit (or any lesser amount of the Security Deposit to which Licensee is entitled, if applicable) will be returned to Licensee within sixty thirty (6030) daysdays after JTC’s final walk-through inspection of the Premises upon the expiration or earlier termination of this Agreement, subject to provided that Licensee has vacated the Building in strict compliance with the terms and conditions provided abovehereof.
Appears in 1 contract
Security Deposit. Tenant will provide shall deposit the Security Deposit with a financial institution in an account of Landlord a security deposit through a local bank guarantee, letter to be designated by Landlord upon signing this Lease (the “Security Account”). Landlord shall be required to segregate the Security Deposit from the other funds of credit Landlord and maintain the Security Deposit in the account together with all interest accrued thereon until the Security Deposit is applied or cash deposit, equivalent returned in accordance with the terms hereof. The Security Account shall be an interest bearing account offering the highest yield generally available for deposits similar in amount to the amount Security Deposit. Landlord shall instruct the financial institution maintaining the Security Account to deliver a copy of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent the account statements regarding the Security Account to one (1) month's rent at the moment of execution of this Lease AgreementTenant. After the Cold Shell Building is Substantially Completed, or, Any balance shown in the event Account, whether or not resulting from the Improvements CMA is executed between deposit of the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Security Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or reinvestment interest accrued thereunder, shall become a part of the Security Deposit were used and may not be disposed of by Landlord except if disposed of in accordance with the Landlord for terms of this Lease. All interest or any other return resulting from the deposit of the aforementioned items, Security Deposit in the Tenant shall have an obligation to reinstate Security Account minus any applicable expenses resulting from the used amount within five (5) calendar days following notice of its use by account fees payable for the Landlord, unless such use is made upon termination maintenance of the lease, in which case the remnantSecurity Account and income tax derived from interest payments thereunder, if any, shall be returned by reinvested in the Landlord Security Account (and hence bear interest) any such amount to be considered as a part of the Security Deposit subject to the Tenant terms and conditions set forth in the Lease). If Tenant does not fulfill any of its obligations under the Lease, Landlord may apply the Security Deposit on account of such obligation or to reimburse Landlord for any sum which Landlord may expand due to Tenants default. If Landlord applies any part of the Security Deposit, Tenant, immediately after written notice from Landlord, shall deposit with Landlord the amount so applied so that Landlord shall have the full Security Deposit available at all times during the Term. If Tenant complies with all the terms, covenants and conditions of this Lease, the Security Deposit (or any balance thereof, including anciliary amounts thereto) shall be returned to Tenant, together with interest accrued thereon, not later than thirty (30) calendar days following after the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit Expiration Date and delivery of possession of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order entire Premises to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveLandlord.
Appears in 1 contract
Security Deposit. Tenant will provide The Security Deposit shall be held by Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant's obligations under this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")Lease. The Security Deposit shall serve as is not an advance rental deposit nor is it a guarantee to cover the payment measure of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfactiondamages in case of Tenant's default. The Upon each occurrence of an Event of Default (hereinafter defined), Landlord shall have the right, but not the obligation, to may use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Security Deposit were used to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or provided by law. Tenant shall pay Landlord on demand the amount necessary to restore the Security Deposit to its original amount. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee and no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when all of Tenant's obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Section. The Security Deposit shall be in the form of a standby letter of credit, in form and substance acceptable to Landlord and issued by a bank approved by Landlord. Landlord may draw upon, use, apply, or retain the proceeds of the letter of credit, in whole or in part, to the same extent that Landlord may use, apply, or retain the cash Security Deposit, as set forth above. The letter of credit shall be, among other things, (i) subject to the International Standby Practices 1998, International Chamber of Commerce Publication No. 590; (ii) irrevocable and unconditional; (iii) conditioned for payment solely upon presentation of the letter of credit and a sight draft; and (iv) transferable one or more times by Landlord without the consent of Tenant. Such letter of credit shall be for a term of not less than one year, and shall provide that the same shall be automatically renewed for successive twelve (12) month periods through a date which is not earlier than sixty (60) days after the expiration date of the Lease, or any renewal or extension thereof, unless written notice of non-renewal has been given by the issuing bank to Landlord for any by certified mail, return receipt requested, not less than sixty (60) days prior to the expiration of the aforementioned itemscurrent period. In the event that at any time during the Lease Term the financial condition of the bank issuing the letter of credit becomes unacceptable to Landlord, the in Landlord's reasonable judgment, then Tenant shall have an obligation to reinstate replace the used amount within five (5) calendar days following notice letter of its use by the Landlord, unless such use is made upon termination credit with a new letter of the lease, in which case the remnant, if any, shall be returned by the Landlord credit subject to the foregoing criteria within ninety (90) days of Landlord's written notice ("Landlord's Replacement Notice") to Tenant in requesting Tenant to replace the letter of credit. If the issuing bank does not renew the letter of credit and if Tenant does not deliver a substitute letter of credit at least thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory prior to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit expiration of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order current period, or of Tenant fails to have this Lease Agreement effective. Upon termination renew or replace the letter of the Leasecredit at least ninety (90) days after Landlord's Replacement Notice, Landlord will withhold from may draw upon the entire amount of said letter of credit and hold the proceeds thereof as a cash Security Deposit any unpaid obligations as provided above. In the event the letter of credit is lost, stolen, mutilated, or destroyed, Tenant agrees to take such actions as are reasonably necessary to ensure that Landlord under is always fully secured with a letter of credit meeting the Lease Agreementrequirements of this Article, including utilitiestaking any actions necessary to replace such lost, stolen, mutilated or destroyed letter of credit. Provided that there are no Events of Default (after expiration of any applicable notice and refund to Tenant cure period) hereunder, the balance amount of the Security Deposit within sixty (60) days, shall be conditionally subject to an annual reduction, as follows:
(i) If there has been no Event of Default (after expiration of any applicable notice and cure period) at any time during the conditions provided abovefirst (1st) Lease Year, then effective on the first day of the second (2nd) Lease Year the amount of the Security Deposit shall be reduced by $600,000.00, such that the amount of the Security Deposit thereafter shall be $2,400,000.00.
(ii) If there has been no Event of Default (after expiration of any applicable notice and cure period) at any time during the first (1st) and second (2nd) Lease Years, then effective on the first day of the third (3rd) Lease Year the amount of the Security Deposit shall be reduced by another $600,000.00, such that the amount of the Security Deposit thereafter shall be $1,800,000.00.
(iii) If there has been no Event of Default (after expiration of any applicable notice and cure period) at any time during the first (1st), second (2nd) and third (3rd) Lease Years, then effective on the first day of the fourth (4th) Lease Year the amount of the Security Deposit shall be reduced by another $600,000.00, such that the amount of the Security Deposit thereafter shall be $1,200,000.00.
(iv) If there has been no Event of Default (after expiration of any applicable notice and cure period) at any time during the first (1st), second (2nd), third (3rd) and fourth (4th) Lease Years, then effective on the first day of the fifth (5th) Lease Year the amount of the Security Deposit shall be reduced by another $600,000.00, such that the amount of the Security Deposit thereafter shall be $600,000.00.
(v) If there has been no Event of Default (after expiration of any applicable notice and cure period) at any time during the first (1st), second (2nd), third (3rd), fourth (4th) and fifth (5th) Lease Years, then effective on the first day of the sixth (6th) Lease Year the amount of the Security Deposit shall be reduced by another $600,000.00, such that thereafter Landlord shall not hold any amount as a Security Deposit under the Lease.
Appears in 1 contract
Sources: Lease Agreement (Systemax Inc)
Security Deposit. Concurrently with Tenant’s delivery of this Lease, Tenant will provide shall deposit with Landlord a security deposit through a local bank guaranteethe sum, letter if any, stated in Item 9 of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars Basic Lease Provisions (US$ 30,544.13the “Security Deposit”), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide be held by Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the full and faithful performance of Tenant’s obligations under this Lease AgreementLease, to pay any rental sums, including without limitation such additional rent as may be owing under any provision hereof, and such amount shall be retained to maintain the Premises as required by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs Sections 7.1 and 15.2 or any other obligation derived from provision of this Agreement and contractually or legally owed Lease. Upon any breach of the foregoing obligations by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If may apply all or part of the Security Deposit were used by the Landlord for as full or partial compensation. If any portion of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of is so applied, Tenant shall within 5 days after written demand by Landlord deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Landlord under shall not be required to keep the Lease Agreement, including utilitiesSecurity Deposit separate from its general funds, and refund Tenant shall not be entitled to interest on the Security Deposit. In no event may Tenant utilize all or any portion of the Security Deposit as a payment toward any rental sum due under this Lease. Any unapplied balance of the Security Deposit within sixty (60) daysshall be returned to Tenant or, subject at Landlord’s option, to the conditions provided abovelast assignee of Tenant’s interest in this Lease within 30 days following the termination of this Lease and Tenant’s vacation of the Premises. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, or any similar or successor laws now or hereafter in effect, in connection with Landlord’s application of the Security Deposit to prospective rent that would have been payable by Tenant but for the early termination due to Tenant’s Default (as defined herein). Provided that no Default has occurred under any provision of this Lease at any time during the Term hereof, then upon the written request of Tenant given at any time following the expiration of the 30th full calendar month of the Term, Landlord shall return a portion of the Security Deposit in the amount of $104,991.00 to Tenant in the form of credit(s) against Rent next coming due under this Lease.
Appears in 1 contract
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve Dollars as security for the faithful performance by Tenant of all of the Terms and conditions upon Tenant's part under this Lease AgreementLease. In the event Tenant defaults in any of the terms and conditions of this Lease, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, right (but not the obligation, ) to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or apply any part of the Deposit were used by security deposit to cure any such default, including damages or deficiency in the Landlord for any reletting of the aforementioned itemsLeased Premises. In the event Landlord so applies the security deposit, Tenant shall upon demand immediately deposit with Landlord an amount sufficient to fund the security deposit in the amount required hereunder. In the event Tenant fully complies with all the terms and conditions of this Lease, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlordsecurity deposit, unless such use is made upon termination of the lease, in which case the remnant, if anyor balance thereof, shall be returned by to Tenant without interest upon the termination of this Lease and surrender of possession of the Leased Premises to Landlord. Landlord shall be obligated to keep the security deposit as a separate fund and may not co-mingle such with Landlord's funds. Landlord shall maintain separate accounting records for such deposit. In the event of the sale of the Leased Premises or transfer of the Landlord's rights hereunder, Landlord shall have the right to transfer the security deposit to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, vendee or transferee subject to the conditions obligations of the above paragraph. In such event, Landlord shall be considered released by Tenant from all liability for the return of the security deposit and Tenant shall seek recovery of the security deposit directly from such vendee or transferee. This provision shall apply to each and every such transfer of the security deposit provided aboveTenant is given written notice of such transfer. The Tenant shall not pledge, mortgage, assign or encumber the security deposit without the prior written consent of Landlord and any such attempt shall be void. In the absence of satisfactory evidence to Landlord of the assignment of the right to receive the security deposit, or balance thereof, Landlord may return the security deposit to the original Tenant without liability.
Appears in 1 contract
Security Deposit. Tenant will provide agrees to deposit with ▇▇▇▇▇ord upon execution of this Lease, a Security Deposit as stated in the Basic Lease Information, which sum shall be held by Landlord, without obligation for interest, as security for the performance of Tenant's covenants and obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant's Default. Landlord i▇ not required to keep all or any part of the Security Deposit separate from its general accounts. Upon the occurrence of any Event of Default by Tenant, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrears of Rent or other payments due to Landlord hereunder, and any other damage, injury, expense or liability caused by such Event of Default, and Tenant shall pay to Landlord, on demand, the amount so applied in order to restore the Security Deposit to its original amount. Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled. Landlord may use and commingle the Security Deposit with other funds of Landlord. As additional security, Tenant agrees to execute and deliver to Landlord a security deposit through Uniform Commercial Code Financing Statement and Security agreement on all Trade Fixtures and improvements otherwise made pursuant to Tenant's Work as set forth in Exhibit B-1 in a local bank guaranteeform reasonably satisfactory to Landlord. As an alternate to depositing the cash sum with Landlord for the Security Deposit, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars Tenant may within six (US$ 30,544.13), an amount equivalent to one (16) month's rent at the moment of months after execution of this Lease Agreementdeliver to Landlord an unconditional irrevocable Letter of Credit in the amount of $227,500.00 meeting the requirements of this paragraph (the "Letter of Credit"), which shall secure the full and timely payment and performance of all of Tenant's covenants and obligations under this Lease. After The Letter of Credit shall (a) designate Landlord or its assignees as beneficiary, (b) be issued by a financial institution approved by Landlord, (c) remain in full force and effect during the Cold Shell Building entire term of this Lease and any extension or holdover period, plus an additional period of three (3) months, and (d) be in form satisfactory to Landlord. The Letter of Credit may be for an initial term of fifteen (15) months so long as it provides that Landlord may immediately draw the full amount of the Letter of Credit if the issuer does not give Landlord written notice of renewal for additional successive periods of twelve (12) months at least sixty (60) days prior to the expiration date. Landlord is Substantially Completed, or, authorized to draw on the Letter of Credit from time to time in the event that (i) Landlord advises the Improvements CMA issuer of the Letter of Credit that there is executed between an Event of Default by Tenant under this Lease, or (ii) the issuer gives Landlord notice that the Letter of Credit will be terminated or will expire prior to it initial term of fifteen (15) months, or (iii) the issuer does not give Landlord a written notice of renewal of the term of the Letter of Credit as required by the preceding sentence. In the event Landlord shall draw on the Letter of Credit in the circumstances described in clause (i) of this paragraph, Landlord shall be permitted to draw an amount necessary in Landlord's good faith estimation to fully cure any such Event of Default, including any damage, injury, expense or liability caused or projected to be caused by such Event of Default, and Tenant and shall, on demand from Landlord, after increase the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Letter of Credit up to its full original amount. In the event Landlord shall draw on the security deposit mentioned above Letter of Credit in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution circumstances described in clause (ii) or (iii) of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementparagraph, and such amount Landlord shall be retained by Landlord as a security deposit for permitted to draw the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part entire amount of the Deposit were used by the Landlord for any Letter of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the leaseCredit, in which case the remnant, if any, such sum shall be returned held by Landlord as the Security Deposit and administered as such. Landlord may draw on the Letter of Credit regardless of whether or not Tenant disputes that an Event of Default has occurred and regardless of any other disputes or claims between the parties. Landlord shall not be required to deliver any certifications or documentation of any kind to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account issuer in order to have this Lease Agreement effectivemake a draw, other than Landlord's written demand. Upon termination The issuer shall not be required to conduct any inquiry or investigation before paying Landlord the requested amount of the Leasedraw. Landlord may assign, Landlord will withhold from transfer or pledge the Security Deposit Letter of Credit to any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance lender or purchaser in connection with any financing or sale of the Security Deposit within sixty (60) days, subject to the conditions provided above.Premises. TENANT'S REMEDIES
Appears in 1 contract
Security Deposit. Concurrently with Tenant’s execution of this Lease, Tenant will has deposited with Landlord the sum of One Hundred Thirty Five Thousand and No/100 Dollars ($135,000.00) (“Security “Deposit”). Landlord shall not be deemed a trustee of the Security Deposit, may use the Security Deposit in business, and shall not be required to segregate it from its general accounts. Tenant shall not be entitled to interest on the Security Deposit. If Tenant defaults with respect to any provisions of the Lease, including but not limited to the provisions relating to payment of Base Monthly Rent or other charges, Landlord may, to the extent reasonably necessary to remedy Tenant’s default, use any or all of the Security Deposit towards payment of the following: (i) Base Monthly Rent or other charges in default; (ii) any other amount which Landlord may spend or become obligated to spend by reason of Tenant’s default including, but not limited to. Tenant’s failure to restore or clean the Premises following vacation thereof; and (iii) any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of the Security Deposit is so used or applied, Tenant shall, within ten (10) days after receipt of written demand from Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its full original amount, and shall pay to Landlord such other sums as necessary to reimburse Landlord for any sums paid by Landlord. If Tenant shall default more than three (3) times in any twelve (12) month period, irrespective of whether or not such default is cured, then the Security Deposit shall, within ten (10) days after receipt of written demand by Landlord, be increased by Tenant to an amount equal to three (3) times the Base Monthly Rent. Tenant waives the provisions of California Civil Code Section 1950.7, and all other provisions of law now in force or that become in force after the date of execution of this Lease, that provide that Landlord may claim from a security deposit through only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises. Landlord and Tenant agree that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other foreseeable or unforeseeable loss or damage caused by the act or omission of Tenant or Tenant’s agents, employees, contractors and invitees (“Tenant’s Agents”). Tenant may not assign or encumber the Security Deposit without the consent of Landlord. Any attempt to do so shall be void and shall not be binding on Landlord. If Tenant performs every provision of this Lease to be performed by Tenant, the Security Deposit shall be returned to Tenant within thirty (30) days after the Expiration Date and surrender of the Premises to Landlord, less any amount deducted in accordance with this Section, together with Landlord’s written notice itemizing the amounts and purposes for such deduction. In the event of termination of Landlord’s interest in this Lease, Landlord may deliver or credit the Security Deposit to Landlord’s successor in interest in the Premises and thereupon be relieved of further responsibility with respect to the Security Deposit. Landlord agrees that in lieu of a local bank guaranteecash security deposit, Tenant may deposit a letter of credit in a form reasonably acceptable to Landlord. Landlord shall be entitled to draw against the letter of credit at any time provided only that Landlord certifies to the issuer of the letter of credit that Tenant is in default under the Lease. Tenant shall keep the letter of credit in effect during the entire Lease Term, as the same may be extended, plus a period of four (4) weeks after expiration of the Lease Term. At least thirty (30) days prior to expiration of any letter of credit, the term thereof shall be renewed or extended for a period of at least three hundred sixty (360) days. Tenant’s failure to so renew or extend the letter of credit shall be a material default of this Lease by Tenant. In the event Landlord draws against the letter of credit, Tenant shall replenish the existing letter of credit or cash deposit, equivalent cause a new letter of credit to be issued such that the aggregate amount of letters of credit available to Landlord at all times during the Lease Term is the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveoriginally required.
Appears in 1 contract
Security Deposit. Upon execution of this lease, Tenant will provide shall deliver to Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to in the amount of thirty thousand three hundred and fifteen dollars $651,956.80 (US$ 30,544.13Initial Security Deposit), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for Tenants performance of all of Tenant's covenants and obligations under this Lease; provided, however, that said Initial Security Deposit shall not be deemed an advance rent deposit or an advance payment of any other kind, or a measure of Landlord's damage upon Tenant's default. If Tenant fails to pay Base Rent or Additional Rent as required hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use, apply or retain all or any portion of said Initial Security Deposit for the payment of any Base Rent or Additional Rent in default or for the payment of any other sum which Landlord may become obligated by reason of Tenant's default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby, including without limitation, the cleaning, restoration and repair of the Premises. Landlord and Tenant agree that the Initial Security Deposit shall be invested in an interest bearing "money market" account in the name of the Landlord and shall be deposited at a interest rate and with a banking institution of Landlord's choice, both in Landlord's sole and absolute discretion. Tenant acknowledges that preservation of the principal balance of the Initial Secuirty Deposit is an important consideration with respect to its investment, and as such, Tenant hereby waives any claims, past, present or future with respect to the method of investment of the Initial Security Deposit, including, but not limited to, any claim that alternative investment options may have earned a higher rate of interest; provided, however, that Landlord shall bear all risk with respect to any loss or reduction in the principle balance of the Initial Security Deposit. Provided that (i) Tenant is not in breach of or in default under the Lease Agreementand there exists no act or omission on the part of Tenant which, with the passage of time or the giving of notice, or both would constitute a breach of or default under the Lease, and (ii) the Initial Security Deposit has not been used, applied or retained by Landlord pursuant to the foregoing provisions of this Article 5, then (a) as and when the monthly installments of Base Rent come due with respect to each of the second (2nd) through seventeenth (17th) months of the Term, the Initial Security Deposit shall be reduced by the amount of $38,350.40 and such amount will be applied as a credit to pay the respective monthly installments of Base Rent as and when they become due during the second (2nd) through the seventeenth (17th) months of the Term and (b) as and when the monthly installment of Base Rent comes due with respect to the eighteenth (18th) month of the Term, the entire remaining balance (including interest earned thereon) of the Initial Security Deposit shall be retained by Landlord disbursed to Tenant (as opposed to being applied as a credit against Base Rent) provided; however, that said disbursement shall be conditioned upon Tenant first providing Landlord a cash deposit in the amount of $38,350.40 (Replacement Security Deposit), as security deposit for the purposes described in Tenant's continued faithful performance of all of Tenant's covenants and obligations under this Agreement (the "Deposit")Lease. The Landlord shall not be required to keep said $38,350.40 Replacement Security Deposit shall serve as a guarantee to cover the separate fund, but may commingle it with other funds. If Tenant performs all of Tenant's obligations hereunder, said Replacement Security Deposit or so much as has not theretofore been applied by Landlord, shall be returned, without payment of outstanding servicesinterest or other increment for its use, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenantto Tenant (or, at Landlord's option, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnantlast assignee, if any, shall be returned by the Landlord to the Tenant in the of Tenant's interest hereunder) within thirty (30) calendar days following after the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit expiration of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of term hereof, or after Tenant has vacated the LeasePremises, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided abovewhichever is later.
Appears in 1 contract
Sources: Sublease Agreement (Arterial Vascular Engineering Inc)
Security Deposit. Tenant will provide The Security Deposit shall be held by Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve without obligation for interest thereon as security for the performance of Tenant’s obligations under this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")Lease. The Security Deposit shall serve is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as a guarantee to cover the payment of outstanding servicesdefined in Section 20), repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to may use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Security Deposit were used to pay delinquent payments due under this Lease, future rent damages, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit under this Section 6 includes the right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant’s obligations under this Lease have been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord’s obligations under this Section 6. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any of the aforementioned itemsother loss or damage, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use foreseeable or unforeseeable, caused by the Landlordact or omission of Tenant or any officer, unless such use employee, agent or invitee of Tenant. The Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is made upon termination entitled under the provisions of the lease, in which case the remnant, if anythis Lease), shall be returned by the Landlord to Tenant (or, at Landlord’s option, to the Tenant last assignee of Tenant’s interest hereunder) within 90 days after the expiration or earlier termination of this Lease. If Landlord transfers its interest in the thirty (30) calendar days following the date on which Project or this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the shall either (a) transfer any Security Deposit any unpaid then held by Landlord to a person or entity assuming Landlord’s obligations of Tenant to Landlord under the Lease Agreementthis Section 6, including utilities, and refund or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the balance deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit within sixty (60) daysto Tenant, subject Landlord shall have no further obligation with respect to the conditions provided aboveSecurity Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.
Appears in 1 contract
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at Simultaneously with the execution of this Lease Agreement. Such security deposit by Tenant, Tenant shall serve as security for this Lease Agreement, and such amount shall be retained by provide Landlord as with a security deposit for the purposes described in this Agreement an amount equal to One Hundred Fifty Thousand Dollars ($150,000.00) (the "Security Deposit"). The Security Deposit shall serve as a guarantee constitute security for payment of Base Rent and Additional Rent and for any and all other obligations of Tenant under this Lease. If Tenant defaults, beyond any applicable cure period, with respect to cover any covenant or condition of this Lease, including but not limited to the payment of outstanding servicesBase Rent, repairs and Additional Rent or any other payment due under this Lease, and the obligation derived from this Agreement of Tenant to maintain the Premises and contractually deliver possession thereof back to Landlord at the expiration or legally owed earlier termination of the Lease Term in the condition required herein, then Landlord may (without any waiver of Tenant's default being deemed to have occurred) apply all or any part of the Security Deposit to the payment of any sum in default beyond any applicable cure period, or any other reasonable sum which Landlord may be required or deem necessary to spend or incur by reason of Tenant's default, or to satisfy in part or in whole any damages suffered by Landlord as a result of Tenant's default which continues to exist beyond any applicable cure period. In the event of such application, Tenant shall promptly deposit with Landlord the amount necessary to restore the Security Deposit to the full amount set forth above. The parties expressly acknowledge and agree that the Security Deposit is not an advance payment of Base Rent or Additional Rent, nor a measure of Landlord's damages in the event of any default by Tenant, to the Landlord's satisfaction. The Landlord If Tenant shall have fully complied with all of the rightcovenants and conditions of this Lease, but not otherwise, the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part amount of the Security Deposit were used then held by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord repaid to the Tenant in the within thirty (30) calendar days following after the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon expiration or sooner termination of this Lease. In the Leaseevent of a sale or transfer of Landlord's estate or interest in the Building, Landlord will withhold from shall transfer the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilitiespurchaser or transferee, and refund to upon such transfer Landlord shall be considered released by Tenant from all liability for the balance return of the Security Deposit, provided such assignee assumes all prospective liability of Landlord hereunder. The Security Deposit within sixty shall 10 be posted in cash or by letter of credit, and, if in the form of letter of credit shall be a clean, irrevocable letter of credit from an institution and in form and substance reasonably satisfactory to Landlord in all respects. If in the form of letter of credit, the same shall be "evergreen" and shall be renewed automatically on an annual basis throughout the Term (60or, alternatively, a replacement letter of credit shall be furnished to Landlord, which letter of credit must satisfy all of the conditions set forth above and which replacement letter of credit shall be delivered not later than thirty (30) days, subject days prior to the conditions provided abovethen scheduled expiry date of the existing letter of credit); failing which Landlord shall be entitled to draw thereon and hold the proceeds therefrom in cash as the Security Deposit hereunder.
Appears in 1 contract
Sources: Deed of Lease (Interliant Inc)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of Upon execution of this Lease Agreement. After Sublease, Subtenant shall deposit with Sublandlord the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution sum of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord $104,850.00 as a security deposit for the purposes described in this Agreement (the "“Security Deposit"”). The Subtenant hereby grants to Sublandlord a security interest in the Security Deposit, including but not limited to replenishments thereof. If Subtenant fails to pay Rent or other charges when due under this Sublease, or fails to perform any of its other obligations hereunder, and such failure is not cured within the relevant cure period, Sublandlord may use or apply all or any portion of the Security Deposit shall serve as a guarantee to cover for the payment of outstanding servicesany Rent or other amount then due hereunder and unpaid, repairs and for the payment of any other obligation derived from this Agreement and contractually sum for which Sublandlord may become obligated by reason of Subtenant’s default or legally owed breach, or for any loss or damage sustained by TenantSublandlord as a result of Subtenant’s default or breach. If Sublandlord so uses any portion of the Security Deposit, Subtenant shall restore the Security Deposit to the Landlord's satisfactionfull amount originally deposited within ten (10) days after Sublandlord’s written demand. Sublandlord shall not be required to keep the Security Deposit separate from its general accounts, and shall have no obligation or liability for payment of interest on the Security Deposit. The Landlord shall have the rightSecurity Deposit, but or so much thereof as had not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested theretofore been applied by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if anySublandlord, shall be returned by the Landlord to the Tenant in the Subtenant within thirty (30) calendar days following of the date on which expiration or earlier termination of this Agreement is terminatedSublease, provided Tenant presented evidence satisfactory Subtenant has vacated the Premises. In lieu of making the cash deposit described above, Subtenant shall have the option to instead deliver to Sublandlord a letter of credit in the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance amount of the Security Deposit in the form attached hereto as Exhibit D from an institution reasonably satisfactory to Sublandlord (the “Initial LOC”; the Initial LOC and all letters of credit issued in renewal or replacement thereof being individually referred to hereinafter as an “LOC”). Sublandlord may, in its sole discretion but with no obligation to do so, draw upon each LOC at any time following an event of default, which is not cured within sixty the applicable cure period, in accordance with this Section 4. Each LOC delivered hereunder shall (60a) daysbe in a form and from Greater Bay Bank or another institution acceptable to Sublandlord, subject in its reasonable discretion, (b) allow for multiple draws, and (c) be transferable, irrevocable and payable on sight draft made by Sublandlord or its successors and assigns. In the event Sublandlord draws upon any LOC in accordance with this Section 4, Subtenant shall replenish the LOC within ten (10) days of notice of such draw so that the amount of the LOC shall equal the sum of $104,850.00. Sublandlord may, in its sole discretion but with no obligation to do so, draw upon each LOC for the failure of any LOC to be renewed or replaced in compliance with the terms of this Section 4 on or before the date that is thirty (30) days prior to the conditions provided aboveexpiration of any LOC, such draw to be in the full amount of any such expiring LOC, with such drawn amount thereafter to be held by Sublandlord as the Security Deposit under this Sublease. Sublandlord will not be required to declare any default or event of default as a condition to any such draw. In the event Sublandlord fails to draw upon any expiring LOC and such LOC actually expires, Subtenant shall cause a replacement LOC to be issued in favor of Sublandlord in the amount of any such expired LOC, with any failure to provide such a replacement LOC to constitute a default hereunder within ten (10) days of notice from Sublandlord to Subtenant of any such expired LOC, and without any further cure period being allowed to Subtenant.
Appears in 1 contract
Sources: Sublease (Macrogenics Inc)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guaranteeOn or before January 1, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed2021, Tenant will provide shall pay to Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease AgreementSecurity Deposit, and such amount which shall be retained held by Landlord to secure Tenant's performance of its obligations under this Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord's damages upon an Event of Default (as a security deposit for the purposes described in this Agreement (the "Deposit"defined herein). The Deposit shall serve as a guarantee Landlord may, from time to cover the payment time following an Event of outstanding services, repairs Default and without prejudice to any other obligation derived from this Agreement and contractually or legally owed by Tenantremedy, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or a part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) daysto perform any obligation Tenant fails to perform hereunder. Following any such application of the Security Deposit, subject Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. Subject to the requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required by applicable Law, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall include, without limitation, all damages and losses that Landlord has suffered as a result of any breach of this Lease by Tenant. The Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Premises, Landlord shall assign the Security Deposit to the transferee and, upon such transfer and the delivery to Tenant of an acknowledgement of the transferee's responsibility for the Security Deposit as provided aboveby this Lease and the Law, Landlord thereafter shall have no further liability for the return of the Security Deposit.
Appears in 1 contract
Sources: Lease Agreement (Luvu Brands, Inc.)
Security Deposit. Tenant will provide The Security Deposit shall be held by Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant’s obligations under this Lease AgreementLease. If Tenant fails to pay Rent, and such amount shall be retained by or otherwise an Event of Default occurs under this Lease, Landlord as a security deposit may use, apply or retain all or any portion of said Security Deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesany amount already due Landlord, repairs and for Rents which will be due in the future, and/or to reimburse or compensate Landlord for any other obligation derived from this Agreement and contractually liability, expense, loss or legally owed damage which Landlord may suffer or incur by Tenantreason thereof. If Landlord uses or applies all or any portion of the Security Deposit, Tenant shall within 10 days after written request therefor deposit monies with Landlord sufficient to restore said Security Deposit to the Landlord's satisfactionfull amount required by this Lease. The Should the Permitted Use be amended to accommodate a material change in the business of Tenant or to accommodate a sublessee or assignee, Landlord shall have the right, but not the obligation, right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from increase the Security Deposit to the extent necessary, in Landlord’s reasonable judgment, to account for any unpaid obligations of Tenant to increased wear and tear that the Premises may suffer as a result thereof. Landlord under the Lease Agreementmay use, including utilities, and refund to Tenant the balance apply or retain all or any portion of the Security Deposit within sixty (60i) daysfirst, subject for Tenant’s repair obligations, including without limitation, the obligation to restore the Premises to the condition required under this Lease, (ii) second, to the payment of any rent or other sum in default or for the payment of any other sum to which Tenant may become obligated by reason of Tenant’s default, and (iii) third, to compensate Landlord for any loss or damage which Landlord may suffer thereby. If a change in control of Tenant occurs during this Lease and following such change the financial condition of Tenant is, in Landlord’s reasonable judgment, significantly reduced, Tenant shall deposit such additional monies with Landlord as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition. Landlord shall not be required to keep the Security Deposit separate from its general accounts. Within 60 days after the expiration or termination of this Lease, Landlord shall return that portion of the Security Deposit not used or applied by Landlord. Landlord shall upon written request provide Tenant 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 to be prepayment for any monies to be paid by Tenant under this Lease (including, without limitation, Base Rent). Tenant hereby waives California Civil Code Section 1950.7, and all other provisions of law, now or hereafter in force, which may provide that Landlord can claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee or agent of Tenant. Provided that Tenant has not breached any Lease terms and conditions provided above.beyond any applicable notice and cure periods and has delivered all rental payments to Landlord not later than the fifth (5th) day of each month, the Landlord shall credit: (i) $99,359.86 towards the Base Rent (and only the Base Rent) due for the twenty-fifth month of the Lease term, which is January 2024 and; (ii) $105,410.88 towards Base Rent (and only the Base Rent) due for the forty-ninth (49th) month of the Lease term, which is January 2026. After such credit, the Security Deposit to be held by Landlord shall be $300,311.94. Notwithstanding the foregoing, upon any monetary Event of Default, Tenant shall be required to immediately replenish the Security Deposit, upon demand by Landlord, to the original amount, as indicated in Section 1.F.
Appears in 1 contract
Sources: Standard Industrial Multi Tenant Lease Net (Xos, Inc.)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at Contemporaneously with the execution of this Lease Agreement. Such Lease, Tenant will deposit a security deposit shall serve (the "Security Deposit") with landlord in the amount shown in the Basic Lease Information as security for this Lease Agreement, the performance of Tenants covenants and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")obligations. The Security Deposit shall serve as a guarantee to cover the will not bear interest and will not be considered an advance payment of outstanding servicesrental or a measure of Landlord's damages in case of a default by Tenant. If Tenant defaults in the performance of any of its covenants and obligations under this lease, repairs and including but not limited to its obligations to pay all rent. Landlord may, from time to time, without prejudice to any other obligation derived from this Agreement and contractually or legally owed by Tenant, remedy. apply the Security Deposit to the Landlord's satisfactionextent necessary to any arrearages in rent or to any other past due sum owing by Tenant or to any damage. The injury, expense or liability caused to Landlord shall have the rightby such default, but not the obligation, to use the Deposit to settle due outstanding rent paymentswhether such damages accrue before or after termination of this Lease. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided Following any such permits are not included in either the Rent or the Service or Condominium Fee. If all or part application of the Deposit were used by Security Deposit, Tenant must pay Landlord on demand the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account so applied in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from restore the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the its original amount. Any remaining balance of the Security Deposit within sixty (60) dayswill be returned to Tenant after the termination of this Lease and after delivery of possession of the Premises to Landlord, subject if Tenant is not then in whether actually received or not. upon first default under this lease if Landlord assigns its' interest in the Premises during the Term, Landlord may assign the Security Deposit to the conditions provided aboveassignee and thereafter Landlord will have no liability for the return of the Security Deposit, it being agreed that Tenant will look solely to the new Landlord for the return of the Security Deposit. Regardless of any assignment of this Lease by Tenant, Landlord may return the Security Deposit to the original Tenant unless Landlord receives evidence satisfactory to it of an assignment of the right to receive the Security Deposit.
Appears in 1 contract
Security Deposit. Tenant will provide Landlord shall hold the balance of proceeds remaining after a security deposit through a local bank guarantee, letter draw on the Letter of credit or cash deposit, equivalent Credit (each hereinafter referred to as the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1“Security Deposit”) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for Tenant’s performance of all its Lease obligations. After a default of Tenant under this Lease Agreementbeyond any applicable notice and cure periods, and such amount shall be retained by Landlord as a security deposit for or upon the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part end of the Deposit were used by the Landlord for Term if there remains any uncured default of the aforementioned items, the which Tenant shall have an obligation received notice, Landlord may apply the Security Deposit, or any part thereof, to reinstate Landlord’s damages without prejudice to any other Landlord remedy. Should Landlord apply all or any portion of the used amount within five (5) calendar days following notice Security Deposit, Tenant shall, upon the written demand of its use by the Landlord, unless deliver cash in the amount applied, and Tenant’s failure to do so within ten (10) days after receipt of such use is made upon termination written demand shall constitute an additional Event of the lease, in which case the remnantDefault hereunder without further notice or opportunity to cure. Additionally, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that applies all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear or any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit within sixty (60) daysas aforesaid, subject Tenant shall have the right to deliver a replacement Letter of Credit in the form and amount required hereunder, and upon receipt of such replacement Letter of Credit, Landlord shall return the unapplied Security Deposit to Tenant. ▇▇▇▇▇▇▇▇ has no obligation to pay interest on the Security Deposit and may co-mingle the Security Deposit with Landlord’s funds. If Landlord conveys its interest under this Lease, the Security Deposit, or any part not applied previously, may be turned over to the conditions provided abovegrantee in which case Tenant shall look solely to the grantee for the proper application and return of the Security Deposit.
Appears in 1 contract
Security Deposit. Concurrently with Tenant’s execution of this Lease, Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's $20,385.00 as security for the performance of all of Tenant’s obligations under this lease. Each time monthly fixed rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completedincreased, Tenant will provide shall deposit additional cash with Landlord sufficient to increase the security deposit mentioned above in cash if such security deposit was provided to the then current monthly fixed rent. Upon any default by Tenant under this lease, Landlord through a local bank guarantee at may, but shall not be obligated to, use, apply or retain all or any part of the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described payment of any rent in this Agreement (the "Deposit"). The Deposit shall serve default, or any other liabilities which Landlord may incur as a guarantee to cover the payment result of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by in connection with Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee’s default. If all or part any portion of the Deposit were security deposit is so used by the Landlord for any of the aforementioned itemsor applied, the Tenant shall have an obligation to reinstate the used amount shall, within five (5) calendar days following notice of after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to the full amount required. Tenant’s failure to do so shall constitute a material default hereunder. Landlord shall not be required to keep the security deposit separate from its use general funds, and Tenant shall not be entitled to receive interest on the security deposit unless required by the Landlord, unless such use is made upon termination applicable law. If Tenant complies with all of the provisions of this lease, in which case the remnant, if any, unused portion of the security deposit shall be returned by the Landlord to Tenant (or, at Tenant’s option, to the Tenant in the last assignee of Tenant’s interest hereunder) within thirty (30) calendar days following after the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon expiration or sooner termination of the Leaselease term and the surrender of possession of the premises to Landlord in the condition required hereby. If Landlord transfers or mortgages its interest in the premises during the lease term and transfers or assigns any unapplied portion of the security deposit to the transferee or mortgagee, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund shall have no further liability to Tenant (or any assignee of Tenant’s interest hereunder) with respect to the balance security deposit and Tenant shall look solely to such transferee or mortgagee for the return of the Security Deposit within sixty (60) days, subject to the conditions provided abovesecurity deposit.
Appears in 1 contract
Sources: Lease Agreement (American Medical Technologies Inc/De)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, The Security Deposit shall be in the form of an irrevocable letter of credit or cash deposit, equivalent to (the "Letter of Credit") which shall: (a) be in the amount of thirty thousand three hundred $1,200,000.00; (b) be issued on the form attached hereto as Exhibit G; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to Landlord; and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1e) month's rent at expire no earlier than 30 days after the moment of execution Termination Date of this Lease AgreementLease. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided The Security Deposit shall be delivered to Landlord through a local bank guarantee at upon the execution of this Lease Agreement. Such security deposit by Tenant and shall serve be held by Landlord without liability for interest (unless required by Law) as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")performance of Tenant's obligations. The Security Deposit shall serve as a guarantee to cover the is not an advance payment of outstanding servicesRent or a measure of Tenant's liability for damages. Landlord may, repairs and from time to time, without prejudice to any other obligation derived from this Agreement and contractually or legally owed by Tenantremedy, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, only that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance portion of the Security Deposit required to satisfy past due Rent or to cure any default by Tenant that remains uncured beyond any applicable notice and cure period. If Landlord uses the Security Deposit, Tenant shall on demand restore the Security Deposit to its original amount. Landlord shall return any unapplied portion of the Security Deposit to Tenant within sixty 30 days after the later to occur of: (601) daysthe date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease; or (2) the date this Lease terminates. If Landlord transfers its interest in the Premises, subject Landlord shall assign the Security Deposit to the conditions transferee and, following the assignment, Landlord shall have no further liability for the return of the Security Deposit, provided abovethe transferee assumes in writing Landlord's liability hereunder. Landlord shall not be required to keep the Security Deposit separate from its other accounts. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease beyond any applicable notice or cure period as of the effective date of any reduction of the Security Deposit, Tenant shall have the right to reduce the amount of the Security Deposit (i.e., the Letter of Credit) to be as follows: (i) $800,000.00 effective as of the 5th anniversary of the Commencement Date; and (ii) $400,000.00 effective as of the 6th anniversary of the Commencement Date. Such reduction shall be accomplished by having Tenant provide Landlord with a substitute letter of credit in the reduced amount.
Appears in 1 contract
Security Deposit. The Security Deposit shall be delivered to Landlord on or before the Commencement Date of the Lease by Tenant will provide and shall be held by Landlord a security deposit through a local bank guarantee(without liability for interest, letter of credit or cash deposit, equivalent except to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1extent required by Law) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant’s obligations under this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")Lease. The Security Deposit shall serve as a guarantee to cover the is not an advance payment of outstanding servicesRent or a measure of Tenant’s liability for damages. Landlord may, repairs and from time to time while an event of default remains uncured, without prejudice to any other obligation derived from this Agreement and contractually remedy, use all or legally owed a portion of the Security Deposit to satisfy past due Rent, cure any uncured default by Tenant, to or repay Landlord for damages and charges for which Tenant is legally liable under this Lease or resulting from Tenant’s breach of this Lease. If Landlord uses the Landlord's satisfaction. The Landlord Security Deposit, Tenant shall have on demand restore the right, but not the obligation, to use the Security Deposit to settle due outstanding rent payments. Tenant authorizes its original amount and such use by Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Security Deposit shall not bear any interest for the benefit constitute a cure of the Tenantexisting event of default until such time as the entire amount owing to Landlord is paid in full and the Security Deposit is fully restored. The security deposit Provided that Tenant has performed all of its obligations hereunder, Landlord shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination return any unapplied portion of the Security Deposit to Tenant within 30 days after the later to occur of: (A) the date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease, ; or (B) the Expiration Date. Tenant does hereby authorize Landlord will to withhold from the Security Deposit all amounts allowed by Law and the amount reasonably anticipated by Landlord to be owed by Tenant as a result of an underpayment of Tenant’s Pro Rata Share of any unpaid obligations Excess Operating Expenses for the final year of the Term. To the fullest extent permitted by applicable Law, Tenant agrees that the provisions of this Article 6 shall supersede and replace all statutory rights of Tenant under applicable Law regarding the retention, application or return of security deposits. If Landlord transfers its interest in the Premises, Landlord shall assign the Security Deposit to Landlord under the Lease Agreementtransferee and, including utilities, following the assignment and refund the delivery to Tenant of an acknowledgement of the balance transferee’s responsibility for the Security Deposit if required by Law, Landlord shall have no further liability for the return of the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its other accounts. Notwithstanding the foregoing and provided no event of default has occurred, Landlord shall credit one-third of the Security Deposit within sixty against the Base Rent due for the thirty-seventh (6037) daysmonth of the Term, subject to and one-third of the conditions provided aboveSecurity Deposit (being one-half of the remaining balance thereof) against the Base Rent due for the forty-ninth (49) month of the Term.
Appears in 1 contract
Sources: Office Lease (Power Efficiency Corp)
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at Concurrently with the execution of this Lease Agreement. Such security Amendment by each of the parties, Tenant shall deposit shall serve a check in the sum of $49,500.00 (the “Security Deposit”) with Landlord as security for the faithful performance and observance by Tenant of the terms, covenants and conditions of this Lease AgreementLease. If (a) a material default by Tenant (as set forth in Paragraph 22(a)), or (b) Tenant fails to make any installment of rent as and such amount shall be retained by when due, Landlord as a security deposit may apply or retain the whole or any part of the Security Deposit, to the extent required for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any Monthly Base Rent or any other obligation derived from this Agreement and contractually sum as to which Tenant is in default including (i) any sum which Landlord may expend or legally owed may be required to expend by reason of such material default, and/or (i) any actual damages to which Landlord is entitled pursuant to the Lease as amended hereby, whether such damages accrue before or after summary proceedings or reentry by Landlord. If Landlord applies or retains any part of the Security Deposit, Tenant, to the within 10 days of a written demand from Landlord's satisfaction. The , shall deposit with Landlord an amount so applied or retained so that Landlord shall have the right, but not full Security Deposit on hand at all times during the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium FeeTerm. If Tenant complies with all or part of the Deposit were used by the Landlord for any terms, covenants and conditions of the aforementioned itemsLease as amended hereby, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, Security Deposit shall be returned to Tenant within 30 days of the Expiration Date and after delivery of possession of the Premises to Landlord in the manner required by the Landlord to the Tenant in the thirty Lease (30) calendar as amended hereby). Within 30 days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear of any interest for the benefit sale or other transfer of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination Project or the Building, or any financing of the LeaseLandlord’s interest therein, Landlord will withhold from shall transfer the Security Deposit to its successor, transferee or lender (including any unpaid obligations new landlord). Tenant shall look solely to the new landlord, successor, transferee or lender for the return of Tenant such Security Deposit and the provisions hereof shall apply to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance every transfer or assignment made of the Security Deposit within sixty (60) daysto any new landlord, subject successor, transferee or lender. Tenant shall not assign or encumber or attempt to assign or encumber the conditions provided aboveSecurity Deposit and neither Landlord nor its successors or assigns shall be bound by any such action or attempted assignment, or encumbrance.
Appears in 1 contract
Sources: Lease (Supergen Inc)
Security Deposit. (a) Concurrently with the execution and delivery of this Lease by Tenant, Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent sum equal to one (1) month's ’s rent ($2,067.00) as a security deposit (together with any additional security deposit as described below, the “Security Deposit”). If at any time during the moment Term Tenant fails to pay any installment of execution rent or any other charges required to be paid to Landlord hereunder and such failure continues beyond the period given to cure such default as set forth in paragraph 19(a) hereof, Landlord may, by notice to Tenant, require the immediate deposit as an additional security deposit of a sum equal to two (2) months of the then gross rent for the Premises. The Security Deposit shall be held as security for the performance and observance by Tenant of all of its obligations under the terms, conditions and covenants of this Lease Agreementthroughout the Term of this Lease. After If Tenant performs and observes all of the Cold Shell Building is Substantially Completedterms, or, in the event the Improvements CMA is executed between the Tenant conditions and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution covenants of this Lease Agreementwhich are required to be performed and observed by it, Landlord shall return the Security Deposit, or balance thereof then held by Landlord, to Tenant within thirty (30) days after the Expiration Date or after Tenant surrenders possession of the Premises, whichever is later. Such security In the event of a default by Tenant in the payment of rent or the performance or observance of any of the other terms, conditions or covenants of this Lease, then Landlord may, at its option and without notice, apply all or any part of the Security Deposit in payment of such rent or to cure any other such default; and if Landlord does so, Tenant shall, upon request, deposit shall serve as security for with Landlord the amount so applied so that Landlord will have on hand at all times throughout the Term of this Lease Agreementthe full amount of the Security Deposit. Landlord shall not be required to hold the Security Deposit as a separate account, but may commingle it with Landlord’s other funds. The use, application or retention of the Security Deposit or any portion thereof by Landlord shall not prevent Landlord from exercising any other right or remedy provided by this Lease or by law (it being intended that Landlord shall not first be required to proceed against the Security Deposit) and shall not operate as a limitation on any recovery to which Landlord may otherwise be entitled.
(b) In the event of a sale or any other transfer of the Building, Landlord shall have the right to transfer the Security Deposit to its purchaser and Landlord shall thereupon be released by Tenant from all responsibility for the return of such amount deposit; and Tenant agrees to look solely to such purchaser for the return of such deposit. In the event of an assignment of this Lease, the Security Deposit shall be retained deemed to be held by Landlord as a security deposit for made by the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding servicesassignee, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have no further responsibility for the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses return of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord deposit to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided aboveassignor.
Appears in 1 contract
Sources: Office Lease (Endocyte Inc)
Security Deposit. Concurrently with ▇▇▇▇▇▇’s delivery of this Lease, Tenant will provide shall deposit with Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred $1,128,597.00 (“Security Deposit Installment”). The Security Deposit Installment represents the difference between the amount of the “Security Deposit” (defined below) and fifteen dollars the anticipated remaining balances of security deposits under the “Existing Leases” (US$ 30,544.13as defined in Exhibit G) to be delivered to Landlord in accordance with Section 1 of Exhibit G. The Security Deposit Installment shall be applied against the sum stated in Item 9 of the Basic Lease Provisions (the “Security Deposit”), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide be held by Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the full and faithful performance of Tenant’s obligations under this Lease AgreementLease, to pay any rental sums, including without limitation such additional rent as may be owing under any provision hereof, and such amount shall be retained to maintain the Premises as required by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs Sections 7.1 and 15.2 or any other obligation derived from provision of this Agreement and contractually or legally owed Lease. Upon any breach of the foregoing obligations by Tenant▇▇▇▇▇▇, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If may apply all or part of the Security Deposit were used by the Landlord for as full or partial compensation. If any portion of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations of is so applied, Tenant shall within 5 days after written demand by Landlord deposit cash or check with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Landlord under shall not be required to keep the Lease Agreement, including utilitiesSecurity Deposit separate from its general funds, and refund Tenant shall not be entitled to interest on the Security Deposit. In no event may Tenant utilize all or any portion of the Security Deposit as a payment toward any rental sum due under this Lease. Any unapplied balance of the Security Deposit within sixty (60) daysshall be returned to Tenant or, subject at Landlord’s option, to the conditions last assignee of Tenant’s interest in this Lease within 30 days following the termination of this Lease and ▇▇▇▇▇▇’s vacation of the Premises. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, or any similar or successor laws now or hereafter in effect, in connection with Landlord’s application of the Security Deposit to prospective rent that would have been payable by Tenant but for the early termination due to ▇▇▇▇▇▇’s Default (as defined herein). In the event that no uncured “Default” has occurred at any time during the Term hereof, and provided further that (i) Tenant has not at any time been more than 5 days late more than once with respect to any payments of Basic Rent and Operating Expenses due under the Lease during the immediately preceding 12-month period, and (ii) Tenant has had positive EBITA during the immediately preceding 12-month period, then upon the written request of ▇▇▇▇▇▇ accompanied with evidence reasonably satisfactory to Landlord showing positive EBITA as described above, Landlord shall return to Tenant a portion of the Security Deposit in the form of credits against the Basic Rent in the amount of $360,521.20 against the Basic Rent installment due and payable on the first day of each of the 49th, 50th and 51st month of the Term, respectively.
Appears in 1 contract
Sources: Lease (Axonics, Inc.)
Security Deposit. Landlord acknowledges the receipt from Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement $37,919.79 (the "Security Deposit"), which shall be held by Landlord to secure Tenant's performance of its obligations under this Lease. The Security Deposit shall serve as a guarantee to cover the is not an advance payment of outstanding servicesRent or a measure or limit of Landlord's damages upon an Event of Default (defined in Section 16). Landlord may, repairs from time to time and without prejudice to any other obligation derived from this Agreement and contractually or legally owed by Tenantremedy, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or a part of the Security Deposit were used by the Landlord for to perform any obligation Tenant fails to perform hereunder. Following any such application of the aforementioned itemsSecurity Deposit, the Tenant shall have an obligation pay to reinstate Landlord on demand the used amount within five (5) calendar days following notice so applied in order to restore the Security Deposit to its original amount. Provided that Tenant has performed all of its use obligations hereunder, Landlord shall, within 30 days after the Term ends, return to Tenant the portion of the Security Deposit which was not applied to satisfy Tenant's obligations. The Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Premises and the transferee assumes Landlord's obligations under this Lease, then Landlord may assign the Security Deposit to the transferee and Landlord thereafter shall have no further liability for the return of the Security Deposit. If requested by Tenant in writing, Landlord shall invest the Security Deposit in a certificate of deposit purchased by Landlord, unless such use is made upon termination in its name, from a national banking association provided that income accruing on the certificate of the lease, in which case the remnant, if any, shall deposit will be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of Tenant and Tenant shall pay all taxes thereon. While no Event of Default exists, all income earned on the Tenant. The security certificate of deposit shall be properly deposited in Landlords bank account in order paid to have this Lease Agreement effectiveTenant promptly after receipt thereof; however, while an Event of Default exists, all such income shall be paid to Landlord and held as an additional security deposit. Upon termination Additionally, upon an Event of the LeaseDefault, Landlord will withhold from may withdraw all amounts evidenced by the Security Deposit certificate of deposit and thereafter hold and apply such amounts pursuant to the terms of this Section 5. To the extent Tenant has any unpaid obligations interest in the certificate of deposit, Tenant hereby grants to Landlord a security interest therein to secure Tenant's obligations under the Lease Agreement, including utilities, and refund to Tenant the balance of the Security Deposit within sixty (60) days, subject to the conditions provided abovethis Lease.
Appears in 1 contract
Security Deposit. (a) Tenant will provide shall pay Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to upon execution and delivery hereof by Tenant the amount of thirty thousand three hundred $ (the “Security Deposit”) as security for the full and fifteen dollars (US$ 30,544.13)faithful performance of each of the terms hereof by Tenant. Landlord shall [not] be required to keep the Security Deposit separate from its general funds and Tenant shall [not] be entitled to interest thereon. If an Event of Default occurs, Landlord may, but shall not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such Event of Default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of such Event of Default, including, without limitation, costs and attorneys’ fees incurred by Landlord to recover possession of the Premises. If any portion of the Security Deposit is so used or applied, Tenant shall, upon demand therefor, deposit cash with Landlord in an amount equivalent sufficient to one restore the Security Deposit to its original amount and Tenant’s failure to do so shall constitute an Event of Default.
(1b) month's rent at Tenant acknowledges that Landlord has the moment of execution of right to transfer or mortgage its interest in the Building and in this Lease Agreement. After the Cold Shell Building is Substantially CompletedLease, or, and Tenant agrees that in the event the Improvements CMA is executed between the Tenant and Landlordof any such transfer or mortgage, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreement, and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, right to use the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent transfer or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from assign the Security Deposit any unpaid obligations to the transferee or mortgagee. Upon such transfer or assignment of the Security Deposit, Landlord shall be deemed released by Tenant to Landlord under from all liability or obligation for the Lease Agreement, including utilities, and refund to Tenant the balance return of the Security Deposit within sixty and Tenant shall look solely to such transferee or mortgagee for the return of the Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (60) daysor, subject at Landlord’s option, to the conditions provided abovelast assignee of Tenant’s interest hereunder) within 30 days following the expiration of the Term and surrender of possession of the Premises to Landlord. Tenant hereby waives all provisions of law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises; rather, Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant.
Appears in 1 contract
Security Deposit. Tenant will provide Landlord a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to the amount of thirty thousand three hundred and fifteen dollars (US$ 30,544.13), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at Concurrently with the execution of this Lease Agreement. Such security deposit shall serve as security for this Lease AgreementLease, Tenant has deposited with Landlord the Security Deposit set forth in Subparagraph l(m) above to secure the full and such amount shall be retained faithful performance by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit")Tenant of Tenant's covenants and obligations hereunder. The Security Deposit shall serve as a guarantee to cover the not bear interest and shall not be considered an advance payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually rent or legally owed a measure of Landlord's damages in case of default by Tenant, to the Landlord's satisfaction. The Landlord shall have the rightright to commingle the Security Deposit with the other funds of Landlord. In the event Tenant defaults in the performance of any of the covenants and obligations to be performed by it hereunder, including, but not limited to the obligationpayment of all rent to be paid hereunder, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to settle due outstanding the extent necessary to make good any arrearages in rent payments. or any sum as to which Tenant authorizes is in default and any other damage, injury, expense or liability caused to Landlord to use by such default, including any damages or deficiency in the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part reletting of the Deposit were used Premises, whether such damages or deficiency may accrue before or after termination of this Lease and including reasonable attorneys' fees incurred by the Landlord for in connection with such default or damage. Following any such application of the aforementioned itemsSecurity Deposit, the Tenant shall have an obligation pay to reinstate Landlord on demand the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paid. The Deposit shall not bear any interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account so applied in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from restore the Security Deposit to its original amount. If Tenant is not then in default hereunder, any unpaid obligations of Tenant to Landlord under the Lease Agreement, including utilities, and refund to Tenant the remaining balance of the Security Deposit within sixty (60) daysshall be returned by Landlord to Tenant upon termination of this Lease and after delivery of the entire possession of the Premises to Landlord in accordance with this Lease. If Landlord assigns its interest in the Premises during the Term, subject Landlord may assign the Security Deposit to the conditions provided aboveassignee and, thereafter, Landlord shall have no further liability for the return of the Security Deposit, and Tenant agrees to look solely to the new landlord for the return of the Security Deposit. The provisions of the preceding sentence shall apply to each and every transfer or assignment made of the Security Deposit to a new landlord. Tenant agrees that it will not assign or encumber or attempt to assign or encumber the moneys deposited herein as security, and that Landlord and its successors and assigns shall not be bound by any such actual or attempted assignment or encumbrance. Regardless of any assignment of this Lease by Tenant, Landlord may return the Security Deposit to the original Tenant in the absence of evidence satisfactory to Landlord to an assignment of the right to receive the Security Deposit or any part of the balance thereof.
Appears in 1 contract
Security Deposit. Tenant will provide agrees to deposit with Landlord upon execution of this Lease, a security deposit through a local bank guarantee, letter of credit or cash deposit, equivalent to as stated in the amount of thirty thousand three hundred and fifteen dollars Basic Lease Information (US$ 30,544.13the “Security Deposit”), an amount equivalent to one (1) month's rent at the moment of execution of this Lease Agreement. After the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant which sum shall be held and owned by Landlord, after the Cold Shell Building Improvements are Substantially Completedwithout obligation to pay interest, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution of this Lease Agreement. Such security deposit shall serve as security for the performance of Tenant’s covenants and obligations under this Lease Agreement, and such amount shall be retained Lease. The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant’s default. Upon the occurrence of any Event of Default by Tenant, Landlord may from time to time, without prejudice to any other remedy provided herein or by law, use such fund as a security deposit for credit to the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee extent necessary to cover the payment credit against any arrears of outstanding servicesRent or other payments due to Landlord hereunder, repairs and any other obligation derived from this Agreement damage, injury, expense or liability caused by such event of default, and contractually or legally owed by TenantTenant shall pay to Landlord, on demand, the amount so applied in order to restore the Landlord's satisfaction. The Landlord shall have the right, but not the obligation, to use the Security Deposit to settle due outstanding rent paymentsits original amount. Tenant authorizes Landlord to use Although the Security Deposit to cover shall be deemed the expenses property of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part of the Deposit were used by the Landlord for any of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless any remaining balance of such use is made upon termination of the lease, in which case the remnant, if any, deposit shall be returned by the Landlord to Tenant at such time after termination of this Lease that all of Tenant’s obligations under this Lease have been fulfilled, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in the thirty (30) calendar days following the date on which payment of Rent or other obligations of Tenant under this Agreement is terminatedLease, provided Tenant presented evidence satisfactory to repair damage to the LandlordPremises, that all utilities bills corresponding Building or Project caused by Tenant or any Tenant’s Parties and to clean the Tenant are fully paidPremises. The Deposit shall not bear any Landlord is hereby granted a security interest for the benefit of the Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from the Security Deposit any unpaid obligations in accordance with applicable provisions of Tenant to the California Commercial Code. Landlord under the Lease Agreement, including utilities, may use and refund to Tenant the balance of commingle the Security Deposit within sixty with other funds of Landlord. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, and all other provisions of any Regulations, now or hereinafter in force, which restricts the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (60or its successors) days, subject any obligation with respect to the conditions provided abovehandling or return of security deposits.
Appears in 1 contract
Sources: Office Lease (Cepheid)
Security Deposit. Tenant will provide has this day paid to Landlord a the Security Deposit to be held by Landlord as security deposit through a local bank guaranteefor the payment and performance by Tenant of all obligations imposed on Tenant hereunder, letter in an account the proceeds of credit which may be commingled by Landlord with any other account or cash depositproceeds. If Tenant shall perform all such obligations, equivalent the Security Deposit shall be refunded to Tenant, without interest, following the end of the Term. If Tenant shall commit an Event of Default hereunder, Landlord shall be entitled to apply all or any portion of the Security Deposit, pro tanto, to cure any such default, or toward fulfillment of any of Tenant’s obligations hereunder, and Tenant shall replenish the Security Deposit to the full amount within ten (10) days after receipt of thirty thousand three hundred and fifteen dollars notice from Landlord which sets forth the amount to be replenished. If the Security Deposit is not fully restored, it shall constitute an immediate Event of Default (US$ 30,544.13), an amount equivalent to one (1as defined in Section 21) month's rent at under the moment of execution terms of this Lease Agreement. After (without need of notice or the Cold Shell Building is Substantially Completed, or, in the event the Improvements CMA is executed between the Tenant and Landlord, after the Cold Shell Building Improvements are Substantially Completed, Tenant will provide Landlord the security deposit mentioned above in cash if such security deposit was provided to Landlord through a local bank guarantee at the execution expiration of this Lease Agreement. Such security deposit shall serve as security for this Lease Agreementany cure period), and such amount shall be retained by Landlord as a security deposit for the purposes described in this Agreement (the "Deposit"). The Deposit shall serve as a guarantee to cover the payment of outstanding services, repairs and any other obligation derived from this Agreement and contractually or legally owed by Tenant, to the Landlord's satisfaction. The Landlord shall have the right, but not benefit of all remedies permitted pursuant to the obligation, to use terms of this Lease and the Deposit to settle due outstanding rent payments. Tenant authorizes Landlord to use the Deposit to cover the expenses of obtaining construction permits for additional construction works requested by Tenant, provided such permits are not included in either the Rent or the Service or Condominium Fee. If all or part laws of the Deposit were used by the Landlord for any State of the aforementioned items, the Tenant shall have an obligation to reinstate the used amount within five (5) calendar days following notice of its use by the Landlord, unless such use is made upon termination of the lease, in which case the remnant, if any, shall be returned by the Landlord to the Tenant in the thirty (30) calendar days following the date on which this Agreement is terminated, provided Tenant presented evidence satisfactory to the Landlord, that all utilities bills corresponding to the Tenant are fully paidColorado. The Security Deposit shall not bear any interest for the benefit be considered an advance payment of the rent or a measure of Landlord’s damages in case of an Event of Default by Tenant. The security deposit shall be properly deposited in Landlords bank account in order to have this Lease Agreement effective. Upon termination of the Lease, Landlord will withhold from may commingle the Security Deposit any unpaid obligations with other monies of Landlord. In the event of the sale or transfer of Landlord’s interest in the Building, Landlord shall have the right to transfer the Security Deposit to the purchaser or transferee and upon such transfer Tenant shall look only to Landlord under the Lease Agreement, including utilities, and refund to Tenant new landlord for the balance return of the Security Deposit within sixty (60) days, subject and Landlord shall thereupon be released from all liability to Tenant for the conditions provided abovereturn of or accounting for the Security Deposit.
Appears in 1 contract
Sources: Lease Agreement (Spectranetics Corp)