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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Security Deposit. The Security Deposit tenant agrees to pay the Landlord a deposit of . It is agreed between the Tenant and the Landlord that interest on the deposit shall be deposited compounded annually and be paid to the Tenant at the termination of tenancy in accordance with Landlord by Tenant contemporaneously with current statutory requirements. At the delivery by Tenant to Landlord time of the signing of this Leaseagreement, the interest rate paid on security deposits is 0%. The Security Deposit shall be held by Landlord, without liability for interest, as Landlord may deduct from the security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood deposit any amounts that the Security Deposit 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; xxxxx and other marks on carpets, furnishings and walls shall not be considered an advance 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 such condition that the premises require cleaning;
(c) payment of Rent rent or a measure other fees owing to the Landlord by the Tenant upon the termination of Tenant’s liability this Lease and;
(d) the discharge of any other obligations or liabilities of the Tenant to the Landlord
(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 case excess of default 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 Tenant agrees that any security deposit refundable to the Tenant may be paid by Tenant. the Landlord may, from time to time, without prejudice to any other remedy, use of the Security Deposit to the extent necessary to make good any arrearages of Rent tenants or to satisfy any other covenant or obligation of Tenant hereunder following all names shown by 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretotenants.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Security Deposit. The Tenant shall keep on deposit with the Landlord at all times during the term of this Lease the Security Deposit shall be deposited with Landlord by Tenant contemporaneously with specified on the delivery by Tenant to Landlord of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, Lease Lease Agreement Facing Page hereof as security for the performance payment by the Tenant of Tenant’s the Rent and any other sums due under this Lease and for the faithful performance of all the terms, conditions, and covenants and obligations under of this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of Rent or a measure of TenantLandlord’s liability for damages in the case of default by Tenant. Landlord may, from time Security Deposit is due in full prior to time, without prejudice to any other remedy, use Tenant’s possession of the Premises. Any interest earned on the Security Deposit shall be retained by Landlord. If an event of a default set forth in Section 35.1 occurs, the Landlord may (but shall not be required to) use any such deposit, or so much thereof as necessary in payment of any Rent or any other sums due under this Lease in default, in reimbursement of any expense incurred by the Landlord, and to repair any damage or to clean, paint, carpet and fumigate the Leased Premises after termination of possession by Tenant. In such event the Tenant shall on written demand of the Landlord forthwith remit to the extent necessary Landlord a sufficient amount in cash to make good any arrearages restore such deposit to its original amount. If such deposit has not been utilized as aforesaid, such deposit, or as much thereof as has not been utilized for such purposes, shall be refunded to the Tenant upon full performance of Rent or this Lease by the Tenant. Landlord shall have the right to satisfy any commingle such deposit with other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such application funds of the Security DepositLandlord, and such deposit need not be kept in an escrow or other segregated account. Landlord shall deliver the funds deposited herein by the Tenant shall pay to Landlord on demand any purchaser of the amount so applied in order to restore the Security Deposit to the amount required hereunder, from time to time. If Landlord transfers its Landlord’s interest in the Complex during Leased Premises in the term of this Leaseevent such interest be sold, Landlord may assign and thereupon, the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord shall have no be discharged from 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretosuch deposit.
Appears in 3 contracts
Samples: Lease Agreement (Integral Systems Inc /Md/), Commercial Lease Addendum (Integral Systems Inc /Md/), Lease Agreement (Integral Systems Inc /Md/)
Security Deposit. The Within two (2) days after Subtenant’s execution and delivery of this Sublease, Subtenant shall deliver to Sublandlord an initial security deposit in 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 form, 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 same requirements as the original letter of credit) in an amount sufficient to restore the Security Deposit to the required balance hereunder at such time. Subtenant’s failure to do so shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord a material default and breach of this LeaseSublease by Subtenant. The Security Deposit shall be held by Landlord, without liability for interest, Sublandlord as security for the faithful performance by Tenant Subtenant of Tenant’s covenants all the terms, covenants, and obligations under conditions of this LeaseSublease applicable to Subtenant. If Subtenant defaults with respect to any provision of this Sublease beyond all applicable periods of notice and cure, it being expressly understood that including but not limited to the Security Deposit provisions relating to the condition of the Subleased Premises upon the Expiration Date, Sublandlord may (but shall not be considered an advance payment of Rent required to) use, apply 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 retain all or any part of the Security Deposit, Tenant must upon demand restore Deposit for the Security Deposit to the payment of any amount required hereunder, from time to time. No application which Sublandlord may spend by reason of the Security Deposit by Landlord will be deemed to have cured TenantSubtenant’s default. Tenant waives The rights of Sublandlord pursuant to this Section are in addition to any rights which Sublandlord may have pursuant to Section 10 below. Upon the expiration of the initial term (without giving effect to any Extension Periods) hereof or earlier termination of this Sublease, and when all provisions of Lawsthen-existing defaults hereunder have been cured, now or hereinafter in force, which restrict Sublandlord shall return the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Initial Security Deposit will be released or any balance thereof (without interest) to Tenant 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) days prior to the expiration date of any current letter of credit shall constitute a separate default entitling Sublandlord, following written notice and an opportunity to cure by Subtenant, to draw down immediately and entirely on the surrender current letter of credit and the Premises to Landlord subject proceeds shall constitute a cash Initial Security Deposit. With respect to any deductions made by Landlord pursuant Extension Period, Subtenant shall provide to Sublandlord the terms Extension Security Deposit applicable thereto. Upon expiration or earlier termination of this Leaseany Extension Period and when all 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 contrary contained hereincontrary, Tenant if the expiration of the initial term or any Extension Period shall provide also represent the occurrence of the Expiration Date, then upon expiration or earlier termination of this Sublease, Sublandlord shall return any Security Deposit in or any balance thereof (without interest) to Subtenant within three (3) months of such expiration or earlier termination, and after Subtenant has vacated the form of a Letter of Credit in accordance with Exhibit “M” attached heretoSubleased Premises and all then-existing defaults hereunder have been cured.
Appears in 3 contracts
Samples: Sublease (Acorda Therapeutics Inc), Sublease (Civitas Therapeutics, Inc.), Sublease (Civitas Therapeutics, Inc.)
Security Deposit. The Upon the Execution Date, Tenant shall deposit with Landlord the Security Deposit shall be deposited as security for Tenant’s faithful performance of Tenant’s obligations hereunder. If Tenant fails to timely pay rent or other charges due hereunder, or otherwise defaults with Landlord by Tenant contemporaneously with the delivery by Tenant respect to Landlord any provisions of this Lease. The Lease beyond applicable notice and cure periods hereunder, Landlord may use, apply, or retain all or any 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 be held 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, without liability for interest, as security for nor shall the performance by Tenant rights and remedies of Tenant’s covenants and obligations Landlord under this Lease, it being expressly understood Lease be affected in any manner by the fact that Landlord holds the Security Deposit shall not be considered an advance payment of Rent Deposit. If, however, Landlord so uses or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time to time, without prejudice to applies all or 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 portion of the Security Deposit, Tenant shall pay to within ten (10) business days after written demand therefor, deposit with Landlord on demand the an amount so applied in order sufficient to restore the Security Deposit to the 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, 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, or so much thereof after application thereof by Landlord in accordance with this Section 3.7, as has not been applied by Landlord, shall have no further liability be returned, in cash, without payment of interest or other increment for its use, to Tenant at the return of such Security Deposit. Upon application of all or any part expiration of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to timeLease Term. No application of the Security Deposit by trust relationship is created herein between Landlord will be deemed to have cured Tenant’s default. and 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoDeposit.
Appears in 3 contracts
Samples: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon execution of this Lease. The , Tenant shall pay to Landlord the Security Deposit shall be held by Landlord, without liability for interest, specified in Paragraph 2.d. above as security for the Tenant’s performance by Tenant 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 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 expressly understood that any use of the Security Deposit shall not be considered an advance payment of Rent constitute a bar or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time to time, without prejudice defense to any other remedy, use 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 to so utilized by Landlord and 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 particular purpose for which such application of the Security Depositamount was applied, Tenant shall pay immediately deposit with Landlord an amount sufficient to Landlord on demand the amount so applied in order to restore return the Security Deposit to the amount required hereunder, from time specified in Paragraph 2.d. Tenant’s failure to timemake such payment to Landlord within five (5) days of Landlord’s notice shall constitute an Event of Default. If Landlord transfers its interest in Within thirty (30) days after the Complex during the term expiration or termination of this Lease, Landlord may assign shall return to Tenant the Security Deposit or the balance thereof then held by Landlord after application of the Security Deposit 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 (as defined in Paragraph 21 below), nor any purchaser at any judicial or private foreclosure sale of the Real Property or any portion thereof, shall be responsible to the transferee and upon assumption by such transferee of liability Tenant for the Security Deposit, Landlord Deposit unless and only to the extent such holder or purchaser shall have no further liability for actually received the return 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 Security Deposit. Upon application of waiver, acknowledges that Landlord may use all or any part of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, compensate Landlord for damages resulting from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms termination of this Lease. Notwithstanding anything to Lease and the contrary contained hereintenancy created hereunder (including, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretowithout limitation, damages recoverable under California Civil Code Section 1951.2).
Appears in 3 contracts
Samples: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)
Security Deposit. The Security Deposit shall be Tenant has deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord sum of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, Ten Thousand Six Hundred Fifty Dollars US ($10,650.00) as security for the full, timely and faithful performance by Tenant of Tenant’s its covenants and obligations under this Lease, it being expressly understood that the Security Deposit hereunder. Such security deposit shall not bear interest. If Tenant defaults in the performance of any of the covenants and obligations to be considered an advance payment of Rent or a measure of Tenant’s liability for damages in case of default performed by Tenant. it, Landlord may, may from time to time, time without prejudice to any other remedy, use the Security Deposit such security deposit to the extent necessary to make good any arrearages of Rent in rent or any sum as to satisfy which Tenant is in default and any other covenant damage, injury, expense or obligation liability caused to Landlord by such default. This would include any damages or deficiency in the reletting of Tenant hereunder following the expiration Premises, whether such damages or deficiency may accrue before or after termination of any applicable cure periodsthis Lease. Following any such application of the Security Depositsecurity deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit security deposit to the amount required its original amount. If Tenant is not then in default hereunder, from time Landlord shall return any remaining balance of security deposit to timeTenant upon termination of this Lease and after delivery of possession of the Premises to Landlord in accordance with this Lease. If Landlord transfers assigns its interest in the Complex Premises during the term of this LeaseLease Term, Landlord may assign the Security Deposit security deposit to the transferee assignee and upon assumption by such transferee of liability for the Security Deposit, thereafter Landlord shall have no further liability for the return of such Security Depositsecurity deposit and Tenant agrees to look solely to the new Landlord for the return of such security deposit. Upon application of all This provision shall apply to every transfer or any part assignment made of the Security Deposit, Tenant must upon demand restore the Security Deposit security deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will be deemed to have cured Tenant’s defaulta new Landlord. Tenant waives all provisions of Laws, now agrees that it will not assign or hereinafter in force, which restrict encumber or attempt to assign or encumber the amount monies deposited as security and that Landlord and its successors and assignees shall not be bound by any such actual or types of claim that a landlord may make upon a security deposit attempted assignment or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoencumbrance.
Appears in 2 contracts
Samples: Lease Agreement (Quiet Tiger Inc), Lease Agreement (Quiet Tiger Inc)
Security Deposit. The (a) Tenant shall deposit with Landlord upon Xxxxxx's execution hereof the Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord set forth in Paragraph 1.6 of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, lease as security for the Tenant's faithful performance by Tenant of Tenant’s covenants and 's obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of lease. If Tenant fails to pay Base Rent or a measure of Tenant’s liability for damages in case of Additional Rent or otherwise defaults under this lease, and such failure or default by Tenant. Tenant continues after the giving of all required notices by Landlord mayand the expiration of all applicable cure periods, from time to timethen and in any such event, without prejudice to any other remedy, Landlord may use the Security Deposit to for the extent necessary to make good payment of any arrearages of Rent amount due Landlord or to satisfy reimburse or compensate Landlord for any other covenant liability, cost, expense, loss or obligation of Tenant hereunder following the expiration of any applicable cure periodsdamage (including reasonable attorney's fees) which Landlord may suffer or incur by reason thereof. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand pay Landlord the amount so used or applied in order so as to restore the Security Deposit to the amount required hereunder, from time to time. If Landlord transfers its interest set forth in the Complex during the term Paragraph 1.6 of this Lease, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, lease. Landlord shall have no further liability for the return of such Security Deposit. Upon application of not be required to keep all or any part of the Security DepositDeposit in an interest bearing account. Landlord shall, at the expiration or earlier termination of the Term and after Xxxxxx has vacated the demised premises, return to Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application that portion of the Security Deposit not used or applied by Landlord. No part of the Security Deposit shall be considered to be prepayment for any monies to be paid by Tenant under this lease.
(b) Tenant shall have the right to deliver to Landlord an unconditional, irrevocable letter of credit in substitution for the cash Security Deposit required in Paragraph 5(a) above, subject to the following terms and condition. Such letter of credit shall be: (i) in the form attached to and hereby made a part of this lease as Exhibit B; (ii) at all times in the amount of the Security Deposit set forth in Paragraph 1.6 of this lease and shall permit multiple draws without a corresponding reduction in the amount of the letter of credit; (iii) issued by a commercial bank reasonably acceptable to Landlord from time to time and located in the United States of America; (iv) made payable to Landlord and expressly transferable and assignable at no charge, which transfer/assignment shall be conditioned only upon delivery of notice to the issuer of the letter of credit; (v) payable at sight upon presentment to a local branch of the issuer of a sight draft stating only that Landlord is entitled to draw on the letter of credit pursuant to this lease; (vi) for a term not less than one year; and (vii) contain an "evergreen" provision which provides that the letter of credit will be deemed automatically renewed on an annual basis unless the issuer delivers at least 30 days prior written notice of cancellation to have cured Landlord and Tenant’s default, such that the letter of credit remains in existence through the date occurring 90 days after the expiration of the Term. At least 30 days prior to the then current expiration date of such letter of credit, Tenant waives all provisions shall either: (A) cause such letter of Laws, now credit to be renewed (or hereinafter automatically and unconditionally extended) from time to time for a period of one year through the 90th day after the expiration of the Term; or (B) cause such letter of credit to be replaced with cash in force, which restrict the amount of the Security Deposit. Notwithstanding anything in this lease to the contrary, any cure or types grace period set forth in Paragraph 13.1 of claim this lease shall not apply to any of the foregoing, and, specifically, if Tenant fails to timely comply with the foregoing terms of this Paragraph, then Landlord shall have the right to immediately draw upon the letter of credit without notice to Tenant and hold the proceeds as the Security Deposit. Each letter of credit shall be issued by a commercial bank that has a landlord may make upon a security deposit credit rating with respect to certificates of deposit, short term deposits or imposes upon a landlord commercial paper of at least A-3 (or equivalent) by Moody's Investment Service, Inc., or at least AA (or equivalent) by Standard & Poor's, a division of McGraw Hill, and shall be otherwise acceptable to Landlord, in its successorsreasonable discretion. If the issuer's credit rating is reduced below A-3 (or equivalent) by Moody's Investment Service, Inc. or below AA (or equivalent) by Standard & Poor's, a division of McGraw Hill, or if the financial condition of such issuer changes in any obligation other materially adverse way, then Tenant shall obtain from a different issuer a substitute letter of credit that complies in all respects with the requirements of this paragraph, and Xxxxxx's failure to obtain such substitute letter of credit within 10 days following its receipt of Landlord's demand therefor (and Tenant's failure to do so shall, notwithstanding anything in this lease to the contrary, constitute a Default for which there shall be no notice or grace or cure period applicable thereto other than the aforesaid 10 day period) shall entitle Landlord to immediately draw upon the then existing letter of credit in whole or in part, without notice to Tenant and to hold the proceeds thereof as the Security Deposit. If the issuer of the letter of credit is insolvent or placed into receivership or conservatorship by the Federal Deposit Insurance Corporation or Resolution Trust Corporation, or any successor or similar entity, or if a trustee, receiver or liquidator is appointed for the issuer, then Tenant shall obtain from a different issuer a substitute letter of credit that complies in all respects with the requirements of this paragraph, and Xxxxxx's failure to obtain such substitute letter of credit within 10 days following its receipt of Landlord's demand therefor (and Xxxxxx's failure to do so shall, notwithstanding anything in this lease to the contrary, constitute a Default for which there shall be no notice or grace or cure periods applicable thereto other than the aforesaid 10 day period) shall entitle Landlord to immediately draw upon then existing letter of credit in whole or in part, without notice to Tenant and to hold the proceeds thereof as the Security Deposit. Landlord shall have the right to assign its interest (including, without limitation, a collateral assignment thereof) in any letter of credit delivered to it by Tenant pursuant to this paragraph to the holder of any Mortgage and Landlord shall give notice of any such assignment to Tenant. If requested by any such Mortgagee, Tenant shall obtain an amendment to such letter of credit which names such Mortgagee as the beneficiary thereof in lieu of Landlord. Any failure or refusal of the issuer to honor the letter of credit shall be at Tenant's sole risk and shall not relieve Tenant of its obligations hereunder with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoDeposit.
Appears in 2 contracts
Samples: Warehouse Lease, Warehouse Lease
Security Deposit. The Security Deposit 40.01. Tenant shall be deposited deposit with Landlord by Tenant contemporaneously with on the delivery by Tenant to Landlord signing of this Lease. The Lease the Security Deposit shall be held by Landlord, without liability for interestDeposit, as security for the faithful performance and observance by Tenant of Tenant’s covenants 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, it being expressly understood that including the Security Deposit shall not be considered an advance payment of Rent any item of rental, and whether or not the transmittal of a measure of Tenant’s liability for damages in case Notice 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 is barred by 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 Leaselaw, Landlord may assign use, apply or retain 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 whole or any part of the Security Deposit, to the extent required for the payment of any basic annual rent or additional rent as to which Tenant must upon demand 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 Security Deposit to amount so applied or retained by delivering additional cash so that, at all times, the amount required hereunder, from time to time. No application of the Security Deposit shall be the amount set forth on the Reference Page. Provided there is no uncured default, any balance of the Security Deposit held by Landlord will and not used, applied or retained by Landlord as above provided shall 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released returned to Tenant within thirty (30) days after the Expiration Date and after delivery of possession of the surrender of the Premises entire demised premises to Landlord subject to any deductions made by Landlord pursuant to in accordance with the terms of this Lease. Notwithstanding anything Tenant shall not be entitled to any interest on the contrary contained hereinSecurity Deposit.
40.02. At Landlord’s sole option, Tenant shall provide give Landlord, upon its demand, a Letter(s) of Credit (as defined and further described in this Section). After Landlord’s receipt from Tenant of the Letter(s) of Credit, 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 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 form of a 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 accordance with Exhibit “M” attached hereto.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
Samples: Sublease Agreement (Scynexis Inc), Office Lease (Optimer Pharmaceuticals Inc)
Security Deposit. The Security Deposit shall be Concurrently with Tenant’s execution of this Lease, Tenant has deposited with Landlord by Tenant contemporaneously with a security deposit in an amount equal to $ .00 as set forth in Section 2 above (the delivery by Tenant “Security Deposit”) to Landlord secure Tenant’s performance of the terms, conditions, covenants and provisions of this Lease. The Landlord shall have the right, but not the obligation, to apply the Security Deposit in whole or in part to the payment of any unpaid Rent or other sums due from 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 is responsible for furnishing Landlord, upon termination of Tenant’s occupancy of the Apartment Unit, with a forwarding address for all communications regarding the 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 affected by the fact that Landlord holds a Security Deposit and payment of the Security Deposit shall in no way be held by Landlord, without liability for interest, as security for the performance by Tenant of interpreted to limit Tenant’s covenants liability hereunder. Tenant acknowledges and obligations under this Lease, it being expressly understood agrees that the Security Deposit shall not be considered an advance payment of Rent or a measure of Tenant’s liability for damages and any charges applied against same are joint and several obligations with the other tenants in case of default by Tenant. the Apartment Unit and that Landlord may, from time to time, without prejudice to may refund any other remedy, use the remaining Security Deposit by a check made payable to Tenant and such other tenants in 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 Apartment Unit who actually paid money toward 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon execution of this Lease, Tenant shall deposit with Landlord the Security Deposit. The Security Deposit shall be held by Landlord, without liability for interest, Landlord as security for the faithful performance of all the terms of this Lease to be observed and performed by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the . The Security Deposit shall not be considered an advance payment mortgaged, assigned, transferred or encumbered by Tenant and any such act on the part of 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 a measure Additional Rent payable hereunder shall be overdue and unpaid or should Landlord make any payment on behalf of the Tenant’s liability for damages in case , or Tenant shall fail to perform any of default by Tenant. the terms of this Lease, then Landlord may, from time to time, at its option and without notice or prejudice to any other remedyremedy which Landlord may have on account thereof, use appropriate and apply the entire Security Deposit to the extent or so much thereof as may be necessary to make good any arrearages compensate Landlord toward the payment of Annual Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due 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, breach by Tenant; and 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 forthwith upon demand restore the Security Deposit to the amount required hereunderstated in Section 1.1. Notwithstanding the foregoing, from time to time. No upon the application by Landlord of all or any portion of the Security Deposit (with or without notice thereof to Tenant) to compensate Landlord for a failure by Landlord will Tenant to pay any Annual Fixed Rent or Additional Rent when due or to perform any other obligation hereunder, and until Tenant shall have restored the Security Deposit to the amount 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 cured Tenant’s default. Tenant waives all provisions not theretofore been applied in accordance with the terms of Lawsthis Section 4.7, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days 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 subject to any deductions made by Landlord pursuant to in accordance with the terms of this Lease. Notwithstanding anything While Landlord holds the Security Deposit, Landlord shall have no obligation to pay interest on the contrary contained hereinsame 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 provide look solely to such grantee for proper application of the Security Deposit in accordance with the form terms of this Section 4.7 and the return thereof in accordance herewith. The holder of a Letter mortgage on the Property shall not be responsible to Tenant for the return or application of Credit in accordance with Exhibit “M” attached heretothe 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
Samples: Lease Agreement (AxoGen, Inc.), Lease Agreement (AxoGen, Inc.)
Security Deposit. The Subject to the terms of Article 35 below, the Security Deposit Deposit, if any, shall be deposited with delivered to Landlord upon the execution of this Lease by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Security Deposit and shall be held by Landlord, Landlord without liability for interest, interest (unless required by Law) as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the obligations. The Security Deposit shall is not be considered an advance payment of Rent or a measure of Tenant’s liability for damages damages. The amount of the Security Deposit shall be subject to reduction in case the manner and at the times specified as though it were a Letter of default by TenantCredit (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 the extent necessary to make good any arrearages of satisfy past due Rent or to satisfy cure any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsuncured default by Tenant. Following any such application of If Landlord uses the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. At the amount required hereunderlater 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 time to timethe Security Deposit. If Landlord transfers its interest in the Complex during the term of this LeasePremises, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for and, following the Security Depositassignment, 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 provided that 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 to separate from its other accounts. Tenant hereby waives the amount required hereunder, from time to time. No application provisions of Section 1950.7 of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant waives all provisions of LawsCalifornia Civil Code, or any similar or successor Laws now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoeffect.
Appears in 2 contracts
Samples: Office Lease Agreement (GoPro, Inc.), Office Lease Agreement (GoPro, Inc.)
Security Deposit. Agreement Xxxxxx agrees to pay to the Association a Security Deposit in the amount of the area rental fee. Security Deposits will be held by the Association's Managing Agent pending the post-use inspection results. Refund of the Security Deposit amount shall be made within ten (10) business days following the date of reserved use, provided the Clubhouse premises, facilities, and equipment are left in satisfactory condition and no Association rules INCLUDING THIS AGREEMENT AND RENTER RESPONSIBILITIES AGREEMENT OR city ordinances have been violated. The refund of the Security Deposit will be made payable to the person whose name appears on the Agreement.
a. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with refunded after the delivery by Tenant event only if the Clubhouse premises, furniture, appliances, fixtures and appurtenances are found, upon post-use inspection, to Landlord be in the same condition as at the commencement of this Leasethe Rental Period, ordinary wear and tear excepted. 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 liquidated damages and the Agreement Holder hereby agrees that he/she shall be responsible for any and all damage in excess 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 amount of the Security Deposit.
b. The Association reserves the right to deduct from the Security Deposit an amount necessary, Tenant as determined by the Association’s Managing Agent, to cover any costs of cleanup if warranted, for instance, if the Clubhouse is not returned to the same condition as at the commencement of the Rental Period, and shall pay also deduct the costs of repairs or replacement of any property damaged during the use of the Clubhouse. If the Security Deposit does not fully cover these costs, the Agreement Holder shall be billed for the difference, and future use of any of the Association’s facilities shall be denied until these costs are paid. Any Agreement Holder using the Clubhouse shall be responsible for any and all damages that occur due to Landlord on demand his/her or their guest’s use of the amount so applied Clubhouse. The billed costs will be considered a special assessment and if not paid could result in order a lien being against the Agreement Holder’s home. Agreement Xxxxxx agrees to deduction of whatever expenses are required to restore the Security Deposit facilities to the amount required hereundersame condition as when Agreement Holder entered the facilities, from time including but not limited to timeany needed special cleaning.
c. Agreement Holder will remove all materials that are not the property of Association after the Rental Period. If Landlord transfers its interest in Association shall be authorized to remove at the Complex during the term expense of this Lease, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability Agreement Holder all materials remaining. Agreement Holder shall be responsible for the Security Depositpayment of storage costs of such materials, Landlord and Agreement Holder agrees that Association shall in no way be responsible for loss, damage or claims against Association for material so removed or stored. Agreement Xxxxxx agrees that Association shall have no further liability a first lien on such material for the return payment 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretocosts accrued for removal and storage.
Appears in 2 contracts
Samples: Clubhouse Rental Agreement, Clubhouse Rental Agreement
Security Deposit. The Within ten (10) days of the Effective Date, Tenant 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 deposited with paid upon the Security Deposit nor shall Landlord by Tenant contemporaneously with be required to maintain the delivery by Tenant to Landlord of this Leasedeposit in a segregated account. The Security Deposit shall not be held 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 portion thereof, 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, without liability for interest, as security for including but not limited to actual damages sustained by the performance Landlord by Tenant reason of the default of Tenant’s covenants and obligations under this Lease, it being expressly understood 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 bankruptcy or other debtor-creditor proceedings, either voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall not be considered an advance payment deemed to be applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to Landlord for all periods prior to the filing of such proceedings; to accrued and unpaid Rent or 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 measure sale of Tenant’s liability for damages in case of default by Tenant. the Land and the Building, Landlord may, from time to time, without prejudice to any other remedy, use shall transfer the Security Deposit to the extent necessary buyer, and shall confirm the same 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 Depositin writing, 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 after which transfer and upon assumption by such transferee of liability for the Security Deposit, written confirmation Landlord shall have no further liability for obligation regarding the return of such Security Deposit. Upon application Notwithstanding the foregoing, and so long as Tenant is not in default of all this Lease beyond any applicable cure period, Landlord shall return to Tenant (or, at Tenant’s option, or any part apply to subsequent payments of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required Rent due hereunder, from time to time. No application ) a portion of the Security Deposit by Landlord will 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 Sixty Thousand and 00/100 Dollars ($60,000.00) upon the first anniversary of the Commencement Date and also upon the date that a landlord may make upon a security deposit or imposes upon a landlord is eighteen (or its successors18) any obligation with respect to months after the handling or return of security depositsCommencement Date. The remaining balance of the Security Deposit will shall be released 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 thirty (30) days after expiration of the surrender of Lease Term or thirty (30) days after the Premises to Landlord subject to any deductions made by Landlord pursuant to final day Tenant occupies the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoPremises.
Appears in 2 contracts
Samples: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with Upon the delivery by Tenant to Landlord later of execution of this Lease. The Amendment and Landlord's receipt of Tenant's deposit in the amount of $150,000.00 (the "Security Deposit shall be held by LandlordDeposit"), without liability for interest, Landlord agrees to waive the requirement of a letter of credit as security for the performance by Tenant of Tenant’s covenants and 's obligations under this the 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 may apply all or part of the Security Deposit to the extent necessary to make good any arrearages of unpaid Rent or to satisfy cure any other covenant or obligation defaults of Tenant hereunder following the expiration of Tenant. If Landlord uses any applicable cure periods. Following any such application part of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to 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 required hereundershall accrue interest as any delinquent payment. If twice within any 12 month period, from time late charges are assessed against Tenant by Landlord, Landlord may, by written notice to timeTenant, 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 Complex during the term of this LeasePremises, Landlord may assign shall transfer the Security Deposit to its successor in interest, and notify Tenant in writing of such transfer, including the transferee date of the transfer, the amount transferred, and upon assumption by such transferee the name and address of liability for the Security Deposittransferee, whereupon Landlord shall have no further be automatically released from any liability for the return of such the Security Deposit. Upon application of all or any part If, at the end of the Security DepositTerm, Tenant must upon demand restore has fully complied with all obligations under the Lease, then the remaining Security Deposit shall be returned to Tenant after Landlord has verified that Tenant has fully vacated the amount required hereunderPremises, from time to time. No application removed all of its property and surrendered the Premises in the condition required; provided that Landlord may hold back a reasonable portion of the Security Deposit by Landlord will be deemed to have cured until final determination of Tenant’s default. Tenant waives all provisions 's Share of Laws, now or hereinafter in forceCommon Expenses due hereunder, which restrict shall be made no later than 6 months following the amount expiration of the Term or types earlier termination of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) the Lease, whereupon any obligation final adjustment shall be made and any remaining Security Deposit shall be returned to Tenant. Landlord's obligations with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days are those of the surrender a debtor and not of the Premises to a trustee, and Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide can commingle the Security Deposit with 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, the form Security Deposit shall be increased to an amount to be determined by Landlord at the time of a Letter of Credit in accordance with Exhibit “M” attached heretoexpansion.
Appears in 2 contracts
Samples: Office Lease (ArcherDX, Inc.), Office Lease (ArcherDX, Inc.)
Security Deposit. The Security Deposit shall be deposited with delivered to Landlord upon the execution of this Lease by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Security Deposit and shall be held by Landlord, Landlord without liability for interest, interest (except as required by law) and as security for the performance by Tenant of Tenant’s covenants and 's obligations under this Lease, it being expressly understood that the . The Security Deposit shall not be considered an advance payment of Rent or a measure of Tenant’s 's liability for damages in case of default by Tenantdamages. Landlord may, from time to time, without prejudice to any other remedy, use all or a portion of the Security Deposit to the extent necessary to make good any arrearages arrearage of Rent Rent, to repair damages to the Premises, to clean the Premises upon termination of this Lease or otherwise to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodshereunder. 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 its original amount. If Tenant is not in default at the amount required hereundertermination of this Lease, after Tenant surrenders the Premises to Landlord in accordance with this Lease and all amounts due Landlord from time Tenant are finally determined and paid by Tenant or through application of the Security Deposit, the balance of the Security Deposit remaining after any such application shall be returned to timeTenant. If Landlord transfers its interest in the Complex Premises during the term of this LeaseLease Term, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord thereafter shall have no further liability for the return of such Security Deposit. Upon application of all Tenant agrees to look solely to such transferee or any part assignee for the return of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application 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 will be deemed to have cured Tenant’s default. Tenant waives all provisions of Lawsshall, now or hereinafter in force, which restrict the amount or types of claim provided that Landlord has been furnished with a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days fully executed copy of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained hereinagreement assigning such Security Deposit, Tenant shall provide return the Security Deposit in the form of a Letter of Credit to such assignee in accordance with Exhibit “M” attached heretothe terms and conditions hereof. 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
Samples: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)
Security Deposit. The Security Deposit Tenant shall be deposited deposit with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord amount set forth in Article 1 (“Security Deposit”), upon Tenant’s execution and submission of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, serve as security for the prompt, full and faithful 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 provisions of this Lease. If Tenant commits a Default, or owes any amounts to Landlord upon the expiration or earlier termination of this Lease (including estimated amounts under Article 3, which shall remain subject to reconciliation against actual amounts as further provided therein), Landlord may assign use or apply 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 whole or any part of the Security Deposit, Tenant must upon demand restore Deposit for the Security Deposit to the amount required payment of Tenant’s obligations hereunder, from time to time. No 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 will within ten (10) days after notice, an amount sufficient to restore the full amount of the Security Deposit. Landlord shall not be deemed required to have cured keep the Security Deposit separate from Landlord’s general funds or pay 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 last assignee of Tenant’s default. Tenant waives all provisions of Laws, now or hereinafter interest in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successorsthis Lease) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days after Tenant (or such assignee) has vacated the Premises in accordance with Article 23 and this obligation shall survive termination of the surrender of Lease. If the Premises to Landlord subject to shall be expanded at any deductions made by Landlord pursuant to time, or if the terms Term shall be extended at an increased rate of this Lease. Notwithstanding anything to the contrary contained hereinRent, Tenant shall provide the Security Deposit shall thereupon be proportionately increased. Tenant shall not assign, pledge or otherwise transfer any interest in the form Security Deposit except as part of a Letter an assignment of Credit in accordance this Lease approved by Landlord under Article 13, and any attempt to do so shall be null and void. Landlord shall provide Tenant with Exhibit “M” attached heretowritten notice of the transfer of the Security Deposit to any other party.
Appears in 2 contracts
Samples: Office Lease (Chimerix Inc), Office Lease (Chimerix Inc)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord 9.1 Upon execution of this Lease. The Security Deposit , Tenant shall be held by Landlord, without liability for interest, deposit with Landlord cash in the amount of $268,583 as security for the faithful 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 all of the Security Depositterms, covenants, and conditions of this Lease to be kept and performed by 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 and any extension term hereof If Tenant defaults with respect to any provision of this Lease, including but not limited to any provision relating to the payment of Rent, and subject to any notice requirements and cure periods for Tenant’s benefit set forth in Article 24, Landlord may assign (but shall not be required) to use, apply or retain the Security Deposit to the transferee and upon assumption by such transferee of liability security deposit for the Security Deposit, Landlord shall have no further liability for the return payment of such Security Deposit. Upon application of all any Rent or any part other sum in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason 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 be deemed to have cured Tenant’s default. Landlord may use the security deposit without giving notice of default to Tenant waives all 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 Laws, now the California Commercial Code to secure the obligations of this Lease.
9.2 In the event any or hereinafter in force, which restrict all of the amount or types of claim that a landlord may make upon a security deposit is used to cure a Tenant default, Tenant shall within fifteen (15) days after request therefore replenish the security deposit to the full amount set forth above.
9.3 In the event of bankruptcy or imposes upon a landlord (or its successors) 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 all periods prior to the filing of such proceedings.
9.4 Landlord shall deliver the security deposit to any obligation purchaser of Landlord’s interest in the Premises, and thereupon Landlord shall be discharged from any further liability with respect thereto provided that such purchaser has agreed to assume in writing the handling or return obligations of Landlord hereunder. This provision shall also apply to any subsequent transfers.
9.5 The security deposits. The Security Deposit will deposit shall be released returned to Tenant within thirty (30) days of following the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms expiration of this Lease. Notwithstanding anything , except for amounts which are actually used to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretopay or reimburse Landlord for costs incurred by Landlord to cure any default by Tenant.
Appears in 2 contracts
Samples: Lease (Biocept Inc), Lease (Biocept Inc)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant due and payable to Landlord within ten (10) business days after the execution of this Lease (but in no event later than the commencement of any Early Occupancy), and shall 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. Xxxxxxxx’s obligation respecting the Security Deposit is that of a debtor, not a trustee. The Security Deposit shall be held by the property of Landlord, without liability for interest, as security for the performance by Tenant and any remaining amount of Tenant’s covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall be paid to Tenant when Tenant’s obligations under this Lease have been fulfilled. Landlord 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 required to time, without prejudice to any other remedy, use keep 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 periodsseparate from its general accounts, and no interest shall accrue thereon. 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, be released from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling Security Deposit upon transfer of this Lease and the Premises to a person or return of security depositsentity assuming Landlord’s obligations. The Security Deposit will under the Lease shall be released to Tenant within thirty (30) days USD$150,000.00, in the form of the surrender an unconditional, irrevocable letter of the Premises credit from a bank reasonably acceptable to Landlord subject and in compliance with the material terms shown in Exhibit G attached hereto (“Letter of Credit”). The Letter of Credit shall 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 its expiration during the Lease Term. The Letter of Credit shall provide that it may be drawn down upon by Landlord at any deductions made time Landlord delivers its site draft to the bank. If Landlord sells or conveys the Premises, Tenant shall, at Xxxxxxxx’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 this the Lease, Tenant shall within ten (10) business days thereafter cause the 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 contained hereincontrary, Tenant shall provide the Security Deposit in the form of a event Tenant fails to renew the Letter of Credit in accordance with Exhibit “M” attached heretothe terms and conditions as set forth in this Paragraph 7, or in the event that Tenant shall commence any proceeding for relief, as defined in Paragraph 24(b) of the Lease, an immediate Event of Default shall be deemed to have occurred, without the requirement of notice or opportunity to cure, in which case Landlord may immediately draw down on the Letter of Credit.
Appears in 2 contracts
Samples: Lease Agreement (RayzeBio, Inc.), Net Lease Agreement (RayzeBio, Inc.)
Security Deposit. The Security Deposit shall be deposited with delivered to Landlord upon the execution of this Lease by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Security Deposit shall be and held by Landlord, Landlord without liability for interest, interest (unless required by Law) as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the obligations. The Security Deposit shall is not be considered an advance payment of Rent or a measure of Tenant’s liability for damages damages. If Tenant is in case of default by Tenant. Default, Landlord may, may from time to time, time and without prejudice to any other remedyremedy provided in this Lease or by Law, use all or a portion of the Security Deposit to the extent necessary to make good any arrearages of satisfy past due Rent or to satisfy any other covenant loss or obligation of Tenant hereunder following the expiration of damage resulting from Tenant’s Default under this Lease. If Landlord uses any applicable cure periods. Following any such application portion of the Security Deposit, Tenant Tenant, within 10 days after written demand, shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. Landlord shall return any unapplied portion of the amount required hereunder, from time Security Deposit to time. If Landlord transfers its interest in Tenant within forty-five (45) days following the Complex during the term Termination Date or earlier expiration of this Lease, . Landlord may assign the Security Deposit to a successor or transferee and, following the transferee and upon assumption by such transferee of liability for the Security Depositassignment, Landlord shall have no further liability for the return of such the Security Deposit. Upon application of all or any part of the Security Deposit, Tenant must upon demand restore Landlord shall not be required to keep the Security Deposit separate from its other accounts. Notwithstanding anything in this Section 6 to the amount required hereundercontrary, from time to time. No application Tenant shall satisfy the requirement of delivery of the Security Deposit by the delivery to Landlord will of an unconditional and irrevocable letter of credit (“Letter of Credit”) in the amount of the Security Deposit set forth in Section 1.10 above, and in a form acceptable to Landlord in its reasonable discretion. The Letter of Credit shall be deemed issued by a bank reasonably satisfactory to have cured Tenant’s defaultLandlord; provided that Landlord hereby approves Silicon Valley Bank as the issuing bank. Tenant waives shall ensure that at all provisions times after the execution and delivery of Lawsthis Lease until forty-five (45) days after the Termination Date, now or hereinafter as the same may be extended, an unexpired Letter of Credit in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return Security Deposit set forth in Section 1.10 above shall be in the possession of security depositsLandlord. The Security Deposit will Letter of Credit shall contain a so-called “evergreen” clause providing that the Letter of Credit shall not be released to Tenant within canceled unless the issuing bank delivers thirty (30) days’ prior written notice to Landlord. Tenant shall deliver to Landlord, no later than ten (10) days prior to the expiry date of the surrender then outstanding and expiring Letter of Credit (a) a replacement Letter of Credit or (b) cash in the amount then required as the Security Deposit. Landlord shall be entitled to draw on the Letter of Credit (i) if Tenant fails to deliver any replacement Letter of Credit or pay the amount of the Premises Security Deposit in cash as required, in which event Landlord shall be permitted to retain the entire proceeds of such Letter of Credit for application as the Security Deposit hereunder, (ii) to cure or attempt to cure, in whole or in part, any Default by Tenant under this Lease, in which event Tenant shall replenish the amount so drawn upon demand by Landlord, and (iii) if the credit rating of the long-term debt of the issuer of the Letter of Credit (according to Xxxxx’x or similar national rating agency) is downgraded to a grade below investment rate), or if the issuer of the Letter of Credit shall enter into any supervisory agreement with any governmental authority, or if the issuer of the Letter of Credit shall fail to meet any capital requirements imposed by applicable Law, unless Tenant delivers to Landlord subject a replacement Letter of Credit complying with the terms of this Lease or cash in the amount required as the Security Deposit within ten (10) days after written demand therefor from Landlord. Each Letter of Credit shall be for the benefit of Landlord and its successors and assigns and shall entitle Landlord or its successors or assigns to any deductions made draw from time to time under the Letter of Credit in portions or in whole upon presentation of a sight draft and statement by Landlord that Landlord is entitled to draw thereunder pursuant to the terms and provisions of this Lease. Notwithstanding anything Landlord shall have an unrestricted right to transfer the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit at any time and to any party selected by the Landlord. Tenant shall pay any transfer commission (fee) and all other costs (hereinafter collectively referred to as the “Transfer Fee”) which may be imposed by the bank issuing the Letter of Credit for the transfer of the Letter of Credit by Landlord. The Tenant’s failure to pay the Transfer Fee, which failure continues for ten (10) days following written notice from Landlord of same, shall constitute a Default of this Lease, and Landlord shall have the right to pursue any and all remedies provided Landlord under this Lease, in accordance with Exhibit “M” attached heretoequity and at law.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (scPharmaceuticals 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, Landlord as security for the performance by Tenant of Tenant’s covenants and 's obligations under this Lease. If Tenant fails to pay Rent, it being expressly understood that the or otherwise an Event of Default occurs under this Lease, Landlord may use, apply or retain all or any portion of said Security Deposit shall not be considered an advance for the payment of Rent any amount already due Landlord, for Rents which will be due in the future, and/or to reimburse or a measure of Tenant’s liability compensate Landlord for damages in case of default any liability, expense, loss or damage which Landlord may suffer or incur by Tenantreason thereof. If Landlord may, from time to time, without prejudice to uses or applies all or 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 portion of the Security Deposit, Tenant shall pay to within 10 days after written request therefor deposit monies with Landlord on demand the amount so applied in order sufficient to restore the said Security Deposit to the full amount required hereunder, from time to timeby this Lease. If Landlord transfers its interest in the Complex Base Rent increases during the term of this Lease, Tenant shall, upon written request from Landlord, deposit additional monies with Landlord may assign 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. 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 to increase the Security Deposit to the transferee extent necessary, in Landlord's reasonable judgment, to account for any increased wear and upon assumption by such transferee tear that the Premises may suffer as a result thereof. Landlord may use, apply or retain all or any portion of liability the Security Deposit (i) first, 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 DepositDeposit 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 have no further liability for return that portion of the return Security Deposit not used or applied by Landlord. Landlord shall upon written request provide Tenant with an accounting showing how that portion of such the Security DepositDeposit that was not returned was applied. Upon application of all or any No part of the Security DepositDeposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Tenant must upon demand restore the Security Deposit to the amount required hereunderunder this Lease (including, from time to time. No application of the Security Deposit by Landlord will be deemed to have cured Tenant’s defaultwithout limitation, Base Rent). Tenant hereby waives California Civil Code Section 1950.7, and all other provisions of Lawslaw, now or hereinafter hereafter in force, which restrict the amount or types of may provide that Landlord can claim that a landlord may make upon from a security deposit or imposes upon a landlord (or its successors) any obligation with respect only those sums reasonably necessary to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit remedy defaults in the form payment of a Letter 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 Credit in accordance with Exhibit “M” attached heretoTenant or any officer, employee or agent of Tenant.
Appears in 2 contracts
Samples: Standard Industrial Multi Tenant Lease (iPower Inc.), Standard Industrial Multi Tenant Lease (iPower Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with shall, at the delivery by time that Tenant executes and delivers this Lease to Landlord, pay to Landlord of a security deposit (the “Security Deposit”) in the amount set forth in Exhibit 1 securing Tenant’s obligations under this Lease. The In no event shall the Security Deposit be deemed to be a prepayment of rent or a measure of liquidated damages. Xxxxxx agrees that no interest shall be held by accrue on the Security Deposit and that Landlord shall have the right to commingle the Security Deposit with other funds of Landlord, without liability for interest, as security for . In the performance by event that Tenant shall default in any of Tenant’s covenants and its obligations under this Lease, it being expressly understood that Landlord shall have the right, without prior notice to Tenant, to apply the Security Deposit (or any portion thereof) towards the cure of any such default. Tenant shall not be considered an advance payment promptly, upon notice from Landlord, pay to Landlord any amount so applied by Landlord in order to restore the full amount of Rent the Security Deposit. In addition, in the event of a termination based upon the default of Tenant under this Lease, or a measure rejection of Tenant’s liability for damages in case this Lease pursuant to the provisions of default by Tenant. the Federal Bankruptcy Code, Landlord may, shall have the right to apply the Security Deposit (from time to time, without prejudice if necessary) to cover the full amount of damages and other amounts due from Tenant to Landlord under this Lease. Any amounts so applied shall, at Xxxxxxxx’s election, be applied first to any unpaid rent and other remedy, use the Security Deposit charges which were due prior 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 filing of the Security Deposit, Tenant shall pay to Landlord on demand petition for protection under the amount so applied in order to restore the Security Deposit to the amount required hereunder, from time to timeFederal Bankruptcy Code. 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 The application of all or any part of the Security Deposit, Tenant must upon demand restore the Security Deposit to 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 amount required hereunderexpiration of the Term, from time Landlord shall refund to time. No application Tenant any portion of the Security Deposit by which Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretois then holding.
Appears in 2 contracts
Samples: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)
Security Deposit. The Tenant shall deposit with Landlord, upon delivery of an copy of this Lease to Landlord, a security deposit (the “Security Deposit”) for the performance all of Tenant’s obligations hereunder in the amount set forth in Section 1.1 of this Lease, which Security Deposit shall be deposited in the form of an unconditional and irrevocable letter of credit (the “Letter of Credit”): (i) in form and substance 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 satisfactory to Landlord, (v) redeemable by presentation of a sight draft in the state of Landlord’s choice, and (vi) transferable without fee or cost to Landlord. Landlord hereby approves Silicon Valley Bank as the issuer of the Letter of Credit. If Tenant 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 by Tenant contemporaneously with shall have the delivery by Tenant right to Landlord draw the full amount of this Leasethe current Letter of Credit and hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Security Deposit Letter Credit shall be held by Landlord, without liability for interest, Landlord as security for the performance by Tenant of Tenant’s covenants and obligations under Lease. The Letter of Credit is not an advance rental deposit or a measure of Landlord’s damages case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 16.1), Landlord may draw all or any part of the Letter of Credit to pay delinquent payments due under this Lease, it being expressly understood that future rent damages, and the Security Deposit shall not be considered an advance payment cost of Rent any damage, injury, expense or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time to timecaused such Default, without prejudice to any other remedyremedy provided herein or provided by law. Landlord’s right to use the Letter of Credit under this Section includes the right to use the Letter Credit to pay future rent damages following the termination of this Lease pursuant to Section below. Upon any use of all or any portion of the Letter of Credit, use Tenant shall on demand 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 hereafter in force which provide that Landlord may claim from a security deposit only those 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 Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Letter of Credit shall be deemed to be applied first to the of Rent and other charges due Landlord for periods prior to the filing of such proceedings. The Letter of Credit, or any balance thereof (i.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 90 days after the expiration or earlier termination of this Lease. Provided that no Default (as defined in Section 16.1) or event that with the passage of or the giving of notice, or both, would constitute a Default has occurred that remains uncured, amount of the Security Deposit shall be reduced to $862,274.00 effective as of the extent necessary to make good Rent Commencement Date, whereupon, within thirty (30) days following receipt of Tenant’s written request, 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 portion of the Security DepositDeposit in excess of the respective reduced amounts shall, Tenant if held by Landlord in cash, be refunded to Tenant, without interest, or Landlord shall pay agree to Landlord on demand an appropriate replacement or amendment of the amount so applied Letter of Credit in order to restore effect such reduction. Notwithstanding the Security Deposit to foregoing, if any uncured monetary Default exists as of such reduction date, such reduction will occur at the amount required hereunderlater of: (i) one year from the original reduction date; or (ii) such time as the Default shall have been cured. If any uncured material non-monetary Default exists of such reduction date, such reduction will occur at the later of: (i) six months from the original reduction date; or (ii) such time to as the Default shall have been cured. If any event that with the passage of time, or the giving of notice, or both, would constitute a monetary Default or material non-monetary Default exists as of such reduction date, such reduction will occur at such time as the uncured default shall have been cured. If Landlord transfers its interest in the Complex during the term of Project or this Lease, Landlord may assign shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section, 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 the transferee and upon assumption by such transferee of liability for the Security DepositTenant, 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or Security Deposit, and Tenant’s right to the return of security depositsthe Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit will be released to Tenant within thirty (30) days is not an advance rental deposit or a measure of the surrender Landlord’s damages in case of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this LeaseTenant’s default. Notwithstanding anything to the contrary contained herein, Tenant shall provide Landlord’s obligation respecting the Security Deposit in the form is that of a Letter of Credit in accordance with Exhibit “M” attached heretodebtor, not a trustee, and no interest shall accrue thereon.
Appears in 2 contracts
Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with On or before the delivery by Tenant to Landlord Execution Date of this Lease. The , Tenant shall deposit with Landlord the initial installment of the Security Deposit as set forth in Section 2.2, which sum shall be held by Landlord, without liability for interest, Landlord as security for the faithful performance by Tenant of Tenant’s all of the terms, covenants and obligations under conditions of this Lease, it being expressly understood that Lease to be kept and performed by Tenant during the Term. Interest shall accrue on the Security Deposit for the benefit of Tenant and shall be paid to Tenant to the extent that Tenant is entitled to the return of the Security Deposit as provided in this Lease. Landlord shall not be considered an advance payment of Rent or required to maintain 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 separate account for the Security Deposit, but may intermingle it with other funds of Landlord; provided however, Landlord shall have no further liability keep the Security Deposit in a federally insured, interest-bearing account for the return benefit of such Security DepositTenant. Upon application 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 DepositDeposit 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 must shall, upon demand therefor, restore the Security Deposit to its original amount. So long as no default has occurred and is continuing, the amount required hereunder, from time to time. No application unapplied portion of the Security Deposit by Landlord will shall be deemed returned to have cured Tenant’s default, or, at Landlord's option, to the last assignee of Tenant's interest hereunder, within sixty (60) days following the expiration of the Term. Tenant hereby irrevocably waives and relinquishes any and all provisions rights, benefits, or protections, if any, Tenant now has, or in the future may have under any provision of Lawslaw which (a) establishes the time frame by which a landlord must refund a security deposit under a lease, now or hereinafter in force, which restrict the amount or types of claim (b) provides that a landlord may make upon 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 imposes upon a landlord to clean the subject premises. Tenant acknowledges and agrees that (or its successorsx) any obligation with respect to statutory time frames for the handling or return of a security deposits. The 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 will be released (i) any and all sums expressly identified in this Section 5.4, and (ii) any additional sums reasonably necessary to Tenant within thirty (30) days compensate Landlord for any and all losses or damages caused by Tenant's default of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms this Lease, including, but not limited to, all damages or rent due upon termination of this Lease. Notwithstanding anything to In the contrary contained hereinevent of bankruptcy or other debtor-creditor proceedings against Tenant, Tenant shall provide the Security Deposit in shall be deemed to be applied first to the form payment of a Letter Rent and other charges due Landlord for all periods prior to the filing of Credit in accordance with Exhibit “M” attached heretosuch proceedings.
Appears in 2 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)
Security Deposit. The (a) Tenant shall deliver to Heritage Title Company of Austin, Inc. (“Escrow Agent”) upon execution and delivery of this Lease by Tenant the Security Deposit shall be deposited with Landlord as security for the full and faithful performance of each of the terms hereof by Tenant contemporaneously with the delivery by Tenant to Landlord of this LeaseTenant. The Security Deposit shall be held delivered to Landlord by the Escrow Agent upon Landlord, without liability for interest, as security for ’s achievement of the performance by Delivery Date Milestone and delivery to the Escrow Agent and Tenant of Tenant’s covenants the evidence of completion for such Milestone as set forth in Section 2.3 above. Landlord and obligations under Tenant shall execute a commercially reasonable escrow agreement regarding the escrow of the Security Deposit promptly after execution of this Lease, it being expressly understood agreed that the Escrow Agent’s standard escrow agreement is commercially reasonable. Landlord shall be required to keep the 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 considered 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 TenantLandlord’s liability for damages upon an Event of Default.
(b) Except as expressly set forth 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 Depositthis Lease, Tenant shall pay acknowledges that Landlord has the right 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 transfer or mortgage its interest in the Complex during the term of Building and in this Lease, and Tenant agrees that in the event of any such transfer or mortgage, Landlord may shall have the right to transfer or assign the Security Deposit to the transferee and upon assumption by or mortgagee. Upon such transferee transfer or assignment of liability for the Security Deposit, Landlord shall have no further be deemed released by Tenant from all liability or obligation for the return of the Security Deposit and Tenant shall look solely to such Security Deposit. Upon application of all transferee or any part 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, Tenant must upon demand restore the Security Deposit or any balance thereof shall be returned to Tenant (or, at Landlord’s option, to the amount required last assignee of Tenant’s interest hereunder, from time to time. No application ) within sixty (60) days following the expiration of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant waives all provisions Term and surrender of Laws, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender possession of the Premises to Landlord subject to any deductions made by Landlord pursuant to in compliance with the terms provisions of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 2 contracts
Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
Security Deposit. The 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 be deposited have the right to apply all or any portion of such Security Deposit in connection with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of any Default (as defined in Paragraph 24) under this Lease. The Security Deposit shall be held by is not an advance rental deposit or a measure of Landlord, without liability for interest, as security for the performance by Tenant ’s damages in case of Tenant’s covenants and obligations default. Upon each occurrence of a Default by Tenant under this Lease, it being expressly understood that Landlord may use all or any part of the Security Deposit shall not be considered an advance payment to pay delinquent payments due under this Lease, future rent damages under California Civil Code Section 1951.2, and the cost of Rent any damage, injury, expense or a measure of Tenant’s liability for damages in case of default caused by Tenant. Landlord may, from time to timesuch Default, without prejudice to any other remedy, 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 the extent necessary to make good any arrearages of Rent or to satisfy any other covenant or obligation of Tenant hereunder pay future rent damages following the expiration termination of this Lease pursuant to Paragraph 25.5 below. Upon any applicable cure periods. Following use of all or any such application portion of the Security Deposit, Tenant shall pay to Landlord on within twenty (20) days after receipt of written demand the amount so applied in order to 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 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 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 in the amount of a bifurcated Letter of Credit (as 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), shall be returned to Tenant within ninety (90) days after the expiration or earlier termination of this Lease. If Landlord is holding a bifurcated Letter of Credit upon the 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 ninety (90) days after the expiration or earlier termination of this Lease. Notwithstanding anything contained in this Paragraph 7 to the contrary, if Landlord draws on the Letter of Credit for any reason, then Tenant shall have the right, upon ten (10) days’ prior written notice to Landlord, to obtain a refund from Landlord of any unapplied proceeds of the Letter of Credit which Landlord has drawn upon, any such refund being conditioned upon Tenant simultaneously delivering to Landlord a replacement Letter of Credit in the amount required hereunderby, from and otherwise meeting the requirements contained in, this Paragraph 7 and Paragraph 7 of the 901 Gateway Lease. Notwithstanding anything to the contrary contained herein or in the 901 Gateway Lease, if requested by Landlord at any time following the date of this Lease, Tenant shall cause the LC Issuing Bank (as defined in the 901 Gateway Lease) to timebifurcate 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 that the aggregate amount of such letters of credit shall equal the amount of the Letter of Credit immediately prior to such bifurcation. 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 provisions in the 901 Gateway Lease and this Lease. If Landlord transfers its interest in the Complex during the term of Project or this Lease, Landlord may assign shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Paragraph 7, 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 the transferee and upon assumption by such transferee of liability for the Security DepositTenant, 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or Security Deposit, and Tenant’s right to the return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in shall apply solely against Landlord’s transferee. Landlord’s obligation respecting the form Security Deposit is that of a Letter of Credit in accordance with Exhibit “M” attached heretodebtor, not a trustee, and no interest shall accrue thereon.”
Appears in 2 contracts
Samples: Lease Agreement (Theravance Biopharma, Inc.), Lease Agreement (Theravance Inc)
Security Deposit. The To the extent that the unapplied amount of the security deposit held by Existing Landlord under the Existing Lease (such amount, the “Original Security Deposit”) is less than the amount of 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 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 its obligation under this Lease. Tenant agrees that if Tenant defaults in its performance of this Lease, it being expressly understood that or in the Security Deposit 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 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 remedyobligated to, use the Security Deposit 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 extent necessary to make good terms of this Lease, and which are sustained by Landlord resulting from Tenant's default or nonpayment. If Landlord does so apply 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 portion of the Security Deposit, Tenant shall immediately pay to Landlord on demand the amount so applied in order sufficient cash to restore the Security Deposit to the amount required hereunder, from time to timeof the then current Minimum Monthly Rent. If Landlord transfers its interest Tenant is not in default at the Complex during the term expiration or termination of this Lease, Landlord may assign shall return the unexpended portion of the Security Deposit to Tenant within sixty (60) days following expiration or termination of this Lease, without interest. Landlord's obligations with respect to the transferee Security Deposit shall be those of debtor, and upon assumption by such transferee not of liability for 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, Landlord shall have no further liability for to the return of such Security Deposit. Upon application of all or any part maximum extent permitted by applicable law (it being the specific intent of the Security Depositparties that, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time extent applicable law permits Landlord to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation reserve greater rights with respect to the handling or return of security deposits. The Security Deposit will under the terms of this Lease than would otherwise be released available under applicable law, Landlord be allowed to reserve such greater rights), Tenant within thirty hereby waives (30a) days any and all terms of applicable law, including, without limitation, California Civil Code Section 1950.7, applicable to security deposits in the surrender of commercial context to the Premises to Landlord subject to any deductions made by Landlord pursuant to extent inconsistent with the terms of this Lease. Notwithstanding anything , 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 contrary contained hereinextent inconsistent with the terms of this Lease, Tenant shall provide 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 in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoLaws.
Appears in 2 contracts
Samples: Industrial Lease (Appfolio Inc), Industrial Lease (Appfolio Inc)
Security Deposit. The Security Deposit shall be Section 15.01. Tenant has 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 interestsum stipulated in the Basic Lease Provisions, as security for the full and faithful performance by Tenant of Tenant’s covenants and obligations under every provision of this Lease, it being expressly understood that the Security Deposit shall not Lease to be considered an advance payment of Rent or a measure of Tenant’s liability for damages in case of default performed by Tenant. Landlord may, from time to time, without prejudice If Tenant defaults with respect to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages provision of Rent or to satisfy any other covenant or obligation of Tenant hereunder following this Lease (after notice and the expiration of any applicable cure periods. Following any such application of the Security Depositperiod), Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit including but not limited to the amount required hereunder, from time provisions relating to time. If Landlord transfers its interest in the Complex during the term payment of this LeaseBasic Rent and Additional Rent, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposituse, Landlord shall have no further liability for the return of such Security Deposit. Upon application of apply or retain all or any part of this security deposit for the Security Depositpayment of any Basic Rent or Additional Rent or other sum in default, Tenant must upon demand restore or for the Security Deposit payment of any other amount which Landlord may spend or become obligated to the amount required hereunderspend by reason of Tenant’s default, from time or to time. No application compensate Landlord for any other loss or damage which Landlord may suffer by reason of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. If any portion of said deposit is so used or applied, Tenant waives all provisions shall within five (5) days 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 LawsDefault under this Lease. Landlord shall not be required to keep this security deposit separate from its funds, now or hereinafter in forceand 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, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord any balance thereof shall be returned to Tenant (or its successors) any obligation with respect or, at Landlord’s option, to the handling last assignee of Tenant’s interest hereunder) at the expiration of the Term. In the event of the insolvency of Tenant or return in the event of security deposits. The Security Deposit will be released to the entry of a judgment in bankruptcy in any court against Tenant which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Tenant under any chapter of the surrender bankruptcy laws of the Premises State of New Jersey or the United States of America, then and in such event Landlord may require the Tenant to Landlord subject deposit additional security in an amount which in Landlord’s sole judgment would be sufficient to any deductions adequately assure Tenant’s performance of all of its obligations under this Lease, including all payments subsequently accruing. Failure of Tenant to deposit the security required by this Section within ten (10) days after Landlord’s written demand shall constitute a material breach of this Lease by Tenant. The security deposit is being made by Landlord pursuant means of an irrevocable “evergreen” letter of credit, which shall be in form and substance, and drawn on a bank which is a member of the New York clearinghouse, satisfactory to Landlord. It shall have a final expiry of not less than six (6) months after the 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 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 credit, in such reduced amount (but otherwise conforming to the terms provisions hereof) shall be substituted therefor. As the Basic Rent increases throughout the Term, the amount of this Lease. Notwithstanding anything the 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 (10) or twelve (12) months Basic Rent, as the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretocase may be.
Appears in 2 contracts
Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Security Deposit. The Upon the Execution Date, Tenant shall deposit with Landlord the Security Deposit shall be deposited as security for Tenant’s faithful performance of Tenant’s obligations hereunder. If Tenant fails to timely pay rent or other charges due hereunder, or otherwise defaults with Landlord by Tenant contemporaneously with the delivery by Tenant respect to Landlord any provisions of this Lease. The Lease beyond applicable notice and cure periods hereunder, Landlord may use, apply, or retain all or any 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 be held 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, without liability for interest, as security for nor shall the performance by Tenant rights and remedies of Tenant’s covenants and obligations Landlord under this Lease, it being expressly understood Lease be affected in any manner by the fact that Landlord holds the Security Deposit shall not be considered an advance payment of Rent Deposit. If, however, Landlord so uses or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time to time, without prejudice to applies all or 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 portion of the Security Deposit, Tenant shall pay to within ten (10) days after written demand therefor, deposit with Landlord on demand the an amount so applied in order sufficient to restore the Security Deposit to the 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, 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, or so much thereof after application thereof by Landlord in accordance with this Section 3.7, as has not been applied by Landlord, shall have no further liability be returned, in cash, without payment of interest or other increment for its use, to Tenant at the return of such Security Deposit. Upon application of all or any part expiration of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to timeLease Term. No application of the Security Deposit by trust relationship is created herein between Landlord will be deemed to have cured Tenant’s default. and 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoDeposit.
Appears in 2 contracts
Samples: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with As of the delivery by Tenant to Landlord parties’ execution of this Lease. The , Tenant shall deliver the Security Deposit shall be held by Landlordin the amount of $20,000 to Landlord paid over twelve months beginning September 1, without liability for interest, 2015 as $1,666.67 consistent with Section 1.01 as partial security for the performance by Tenant of Tenant’s covenants and obligations the provisions of this Lease. In the event of any Default by Tenant under this Lease, it being expressly understood that Landlord shall have the Security Deposit shall not be considered an advance payment right to apply all or any portion 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 cure the extent necessary to make good any arrearages of Rent Default and reinstate this Lease, or to satisfy any other covenant otherwise compensate Landlord for all damages sustained by Landlord resulting from or obligation in connection with such Default. In the event of Tenant hereunder following the expiration of any applicable cure periods. Following any such application of the Security DepositDeposit by Landlord, Tenant shall pay upon demand deliver to Landlord on demand the amount so applied in order sum required to restore the Security Deposit to the amount required hereunder, from time to timeset forth in Section 1.01. If Landlord transfers its interest Provided that Tenant is not in Default at the Complex during the term expiration or termination 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 remaining portion of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days after the date of the surrender of the Premises such expiration or termination. Landlord's rights with respect to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form are those of a Letter trustee. Landlord shall be entitled to commingle the Security Deposit with Landlord's general funds and shall have no obligation to pay Tenant interest on the Security Deposit. In the event of Credit a transfer of Landlord's interest in accordance this Lease during the Term hereof, provided Landlord transfers the then unapplied Security Deposit to the transferee and the transferee agrees and actually does deposit the check to a trust account held for the sole use of this provision, Landlord shall be discharged from any further liability with Exhibit “M” attached heretorespect to the Security Deposit.
Appears in 2 contracts
Samples: NNN Lease Agreement (Zoned Properties, Inc.), NNN Lease Agreement (Zoned Properties, Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with If LICENSEE defaults under any of the delivery by Tenant to Landlord terms or conditions of this Lease. The 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 equal to $25,000 ("Security Deposit shall Deposit"), which will be held by Landlord, LICENSOR without liability for interest, interest as security for the full and faithful performance by Tenant LICENSEE of Tenant’s LICENSEE's covenants and obligations under this LeaseAgreement, it being expressly understood that the Security Deposit shall such deposit is not be considered an advance payment of Rent license fees or a measure of Tenant’s liability for LICENSOR's damages in case if LICENSEE defaults again. Following the payment of the Security Deposit, upon the occurrence of any event of default by Tenant. Landlord LICENSEE, LICENSOR may, from time to time, without prejudice to any other remedyremedy provided in this Agreement or by law, use the Security Deposit to the extent necessary to make good any arrearages of Rent payment owed by LICENSEE to LICENSOR or any amount as to satisfy which LICENSEE is in default or for any other covenant damage, injury, expense, or obligation liability caused to LICENSOR by such event of Tenant hereunder following the expiration default, regardless whether such damages or deficiency accrue before or after termination of any applicable cure periodsthis Agreement. Following any such application of the Security Deposit, Tenant shall LICENSEE agrees to pay to Landlord LICENSOR on demand the amount so applied in order to restore the Security Deposit to its original amount and LICENSEE's failure to do so within ten days of the amount required hereunderdate of demand will be, from time to timeat LICENSOR's election, a material default under this Agreement. If Landlord transfers its interest LICENSEE is not in the Complex during the term default of this LeaseAgreement upon the termination of this Agreement, Landlord may assign LICENSOR agrees to return any remaining balance of such Security Deposit to LICENSEE within thirty days of the date of the termination of this Agreement. LICENSOR's deduction of any amounts owed by LICENSEE to LICENSOR from the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord shall have will in 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, event release LICENSEE from time to time. No application of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant waives all provisions of Laws, now or hereinafter being in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to default under the terms of this LeaseAgreement. Notwithstanding anything LICENSOR will not be required to the contrary contained herein, Tenant shall provide the keep this Security Deposit separate from its general funds. LICENSEE agrees that it will not assign or encumber, or 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 the form $25,000 amount put as a Security Deposit within ten days of a Letter the date of Credit in accordance with Exhibit “M” attached heretoLICENSEE's request.
Appears in 2 contracts
Samples: License Agreement (Harvey Electronics Inc), License Agreement (Harvey Electronics Inc)
Security Deposit. The Security Deposit shall be deposited with Tenant hereby agrees to pay to Landlord a security deposit 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 contemporaneously with (the delivery by Tenant to Landlord “Security Deposit”). Upon the occurrence of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, as security for the performance by Tenant any Event 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 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 arrears of Rent Base Rental or to satisfy Additional Rental or any other covenant payment obligation hereunder, including, but not limited to, the cost of any damage, injury, expense, or obligation liability caused by any Event of Default by Tenant hereunder following hereunder. Any remaining balance of the Security Deposit shall be returned by Landlord to Tenant within a reasonable 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 applicable cure periodsinterest on the Security Deposit, and Landlord may commingle the same with other monies of Landlord. Following In the event Landlord applies the Security Deposit or any portion thereof to the payment of any sum described above and this Lease is not terminated, Tenant shall immediately deposit with Landlord an amount of money equal to the amount so applied, and such amount shall be deemed to be part of the Security Deposit. In the event of a sale or transfer of Landlord’s interest in the Premises, Landlord shall have the right to transfer the Security Deposit to the purchaser or lessor, as the case may be, and upon any such application transfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall be relieved of all liability to Tenant for the return of the Security Deposit, and Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit look solely 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 new owner or lessor 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 2 contracts
Samples: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with Upon the delivery by Tenant to Landlord execution of this Lease, Tenant shall deposit with Landlord the letter of credit Security Deposit. The Security Deposit Said deposit shall be held by Landlord, without liability for interest, Landlord as security for the faithful performance by Tenant of all the terms of this Lease by said Tenant to be observed and performed. If the Rent payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of Tenant’s covenants , or Tenant shall fail to perform any of its covenants, agreements and obligations under set forth in 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. then Landlord may, from time to time, at it option and without prejudice to any other remedyremedy which Landlord may have on account thereof after the expiration of all applicable notice and cure periods, use appropriate and apply said Security Deposit or so much thereof as may be necessary to compensate Landlord toward the payment of Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith within ten (10) days upon demand restore said Security Deposit to the extent necessary to make good any arrearages of Rent or to satisfy any other covenant or obligation of original sum deposited. Should Tenant hereunder following the expiration of any applicable cure periods. Following any such application not be in default as of the Security Depositend of the Term, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit shall be returned in full to Tenant at 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 end 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the Term and surrender of the Premises to Landlord subject in the condition required hereunder. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to any deductions made by Landlord pursuant be applied first to the terms payment of this Lease. Notwithstanding anything rent and other charges due Landlord for all periods prior to the contrary contained herein, Tenant shall provide the Security Deposit in the form filing of a Letter of Credit in accordance with Exhibit “M” attached heretosuch proceedings.
Appears in 2 contracts
Samples: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)
Security Deposit. The Security Deposit Tenant shall be deposited with deliver to Landlord at the time of execution of this Lease 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, security deposit set forth in Section 1.16 as security for the Tenant’s faithful 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 hereunder. If Tenant fails to pay Base Rent or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord mayother charges due hereunder, from time to time, without prejudice or otherwise defaults with respect 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 provision 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 (but shall have no further liability for the return obligation to), after expiration of such Security Deposit. Upon application of any applicable notice and opportunity to cure, use all or any part portion of said deposit for the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required payment of any Base Rent or other charge due hereunder, from time to time. No application pay any other sum to which Landlord may become obligated by reason of the Security Deposit by Landlord will be deemed to have cured 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 waives all provisions of Laws, now or hereinafter shall within ten (10) days after written demand therefor deposit cash with Landlord in force, which restrict the an amount or types of claim that a landlord may make upon a sufficient to restore said deposit to its full amount. Landlord shall not be required to keep said security deposit separate from its general accounts. If Tenant performs all of Tenant’s obligations hereunder, said deposit, or imposes upon a landlord so much thereof as shall not then have been applied by Landlord, shall be returned, without payment of interest or other amount for its use, to Tenant (or its successors) any obligation with respect or, at Landlord’s option, to the handling or return last assignee, if any, of security deposits. The Security Deposit will be released to Tenant Tenant’s interest hereunder) within thirty (30) days after the expiration of the surrender 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 Landlord’s damages in the event of Tenant’s default. Any application of the Premises to security deposit by Landlord subject shall be without prejudice to any deductions made other right or remedy. 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 pursuant to Landlord’s grantee, and, when so turned over, Tenant agrees to look solely to such grantee for proper application of the security deposit in accordance with the terms of this LeaseSection 5, and the return thereof in accordance herewith. Notwithstanding anything 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 contrary contained hereinposition of Landlord hereunder, unless such deposit shall have been received in hand by such holder. Tenant shall provide hereby waives the Security Deposit in the form provisions of a Letter of Credit in accordance any law which is inconsistent with Exhibit “M” attached heretothis Section 5.
Appears in 2 contracts
Samples: Lease Agreement (NameMedia, Inc.), Lease Agreement (NameMedia, Inc.)
Security Deposit. The Tenant sha11 pay to Landlord upon the commencement of the Tenant Improvement construction 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, specified in Paragraph 2 as security for the faithful performance by Tenant of Tenant’s covenants all of the forms, covenants, agreements and obligations under the conditions of this LeaseLease to be kept and performed by Tenant during the term hereof. If Tenant fails to pay Land1ord any rent, it being expressly understood that Landlord, at Landlord's option, may apply all or part of the Security Deposit shall not be considered an advance payment of Rent or a measure in satisfaction of Tenant’s liability for damages 's obligation to the extent of such application. In no event shall Landlord be required to make any such application. If Landlord elects to make such application, Landlord shall notify Tenant in case writing of default by Tenant. the nature and amount thereof and Tenant shall thereupon be obligated to deposit with Landlord may, from time an amount sufficient to time, without prejudice to any other remedy, use return the Security Deposit to an amount equal to one hundred percent (100%) of the extent necessary amount specified in Paragraph 2. If Tenant fails to make good do so within five (5) days after Landlord has given such notice, Landlord at it's option may resort to any arrearages or all remedies available to it for nonpayment of Rent or to satisfy any other covenant or obligation of Tenant hereunder Rent. Promptly following the expiration termination 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, or, if Tenant has held over beyond such termination, promptly following the end of any period Tenant has so held over, provided Tenant has vacated the Premises and fully performed all obligations by Tenant to he performed hereunder, Landlord may assign shall promptly return to Tenant the Security Deposit or such portion thereof then held by Landlord after all applications on account of Tenant's defaults; provided, however, any such return shall not be construed as an admission by Landlord that Tenant has performed all of its obligations hereunder. No holder of a Superior Interest (as defined in Paragraph 21), nor any purchaser at any judicial or private foreclosure sale of the Real Property or any portion thereof, shall be responsible to the transferee and upon assumption by Tenant for such transferee of liability for the Security Deposit, Landlord Deposit unless such holder or purchaser shall have no further liability for actually received 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretosame.
Appears in 2 contracts
Samples: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Security Deposit. The Each occupant shall pay in addition to the rent for the Leased Premises a $500 security deposit (all such deposits being collectively referred to herein as the "Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this LeaseDeposit"). The Security Deposit shall be held by Landlorduntil the end of the lease term and may be applied to the occupants' obligations hereunder, including, without liability limitation, any costs incurred by Master Landlord to repair Damages to or misuse of the Unit by any such occupants or his or her invitees (collectively, "Damages"), any re-keying, any accidental lockouts, any costs or expenses for interestutilities and services to the Leased Premises, and/or any other cost or expense that is reimbursable to the Master Landlord as security for set forth herein. For purposes of this Occupancy Agreement, Damages shall include any stains or cuts in carpet or other floor covering, furniture breakage and any repairs to the performance Unit required at student turnover, including, without limitation, repairs of holes or gouges in walls or wall coverings, repairs or replacements of appliances, cleaning of appliances to return them to the condition the appliances were in at the inception of the term, repairs and/or cleaning of all bathroom fixtures, including sinks, tubs and showers to return them to the condition they were in at the inception of the term. Damages does not include touch-up painting and/or minor spackling. It is understood and agreed that the Master Landlord will engage a commercial cleaner to clean the Unit following turnover by Tenant the Occupant if the Master Landlord deems it necessary, in its sole discretion, to return the Unit to the same condition the Leased Premises were in at the inception of Tenantthe term. If the Master Landlord deems the use of a commercial cleaner necessary to return the Unit to the same condition the Leased Premises were in at the inception of the term, the cost of the commercial cleaner will be apportioned to each Occupant in accordance with the number of beds per Unit, and such charge is included in Damages. A fifteen percent (15%) administration fee will also be added to the Occupant’s covenants and obligations under this Lease, it being expressly understood turnover invoice. In the event that any portion of the Security Deposit is applied as set forth above, the occupants 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 cause 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 be replenished within five (5) business days following written notice from Master Landlord. Upon the expiration of any applicable cure periods. Following any such application of the Security Depositthis Agreement, 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 Master Landlord will be deemed to have cured Tenant’s defaultprepare a list of charges for Damages and any unpaid rent due and payable by the occupants. 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within Within thirty (30) days of following the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms expiration of this Lease. Notwithstanding anything to the contrary contained hereinAgreement, Tenant Landlord shall provide either return the Security Deposit in full, or in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.event that any amounts are due and owing to Landlord pursuant to this section, Landlord shall
Appears in 2 contracts
Samples: Occupancy Agreement, Occupancy Agreement
Security Deposit. (a) Simultaneously with the execution and delivery of this Lease, Tenant shall deliver to Landlord the Security Deposit in cash or immediately available funds.
(b) 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 is security for the faithful performance and observance by Tenant of Tenant’s covenants the terms and obligations under conditions of this Lease, it being expressly understood that the Security Deposit shall Lease and is not be considered an advance payment of Rent rent. If an Event of Default occurs, Landlord may use, apply or a measure retain all or any part 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 required for payment of any arrearages of Base Rent or to satisfy any other covenant sum as to which Tenant is in default or obligation for any sum which Landlord may expend or may be required to expend by reason of Tenant hereunder following the expiration occurrence of an Event of Default, including, but not limited to, any applicable cure periodsdamage or deficiency accrued before or after summary proceedings or other re-entry by Landlord, including the costs of such proceeding or re-entry and further including, without limitation, reasonable attorneys’ fees. Following any such application If an Event of Default occurs, Landlord shall have the right to apply the Security Deposit, or any part thereof, as aforesaid, without additional notice and without prejudice to any other remedy or remedies which Landlord may have, or Landlord may pursue any other such remedy or remedies in lieu of applying the Security Deposit or any part thereof. No interest shall be payable on the Security Deposit and Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. If Landlord applies the Security Deposit in whole or in part, Tenant shall immediately upon demand pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. In the amount required event of a sale or other transfer of Landlord’s Property, or leasing of Landlord’s Property subject to Tenant’s tenancy hereunder, from time to time. If Landlord transfers its interest in the Complex during the term of this Lease, Landlord may assign shall transfer the Security Deposit then remaining to the transferee and upon assumption by such transferee of liability for the Security Depositvendee or lessee, in which event Landlord shall have no further thereupon be released from all liability for the return of such Security DepositDeposit to Tenant; and Tenant shall look solely to the new landlord for the return of the Security Deposit then remaining. Upon The holder of any mortgage on Landlord’s Property shall not be responsible to Tenant for the Security Deposit or its application of all or any part of return unless the Security Deposit shall actually have been received by such holder. Tenant shall not assign or encumber or attempt to assign or encumber the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunderand Landlord shall not be bound by any such assignment, from time to time. No application of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant waives all provisions of Lawsencumbrance, now attempted assignment or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoattempted encumbrance.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Summer Infant, Inc.), Lease Agreement (Summer Infant, Inc.)
Security Deposit. The Security Deposit shall be Tenant has deposited with Landlord the Security Deposit in the amount set forth above for the performance of each and every covenant and agreement to be performed by Tenant contemporaneously with the delivery by Tenant to Landlord of under this Lease. The Security Deposit Landlord shall be held by Landlordhave the right, without liability for interestbut not the obligation, as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that to apply the Security Deposit in whole or in part as payment of such amounts as are reasonably necessary to remedy Tenant's defaults in the payment of rent or in the performance of the 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 considered an advance payment of Rent or a measure of affected by the fact that Landlord holds security. Tenant’s '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 is not limited 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 amount 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 give Tenant written notice 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant part thereof within thirty (30) days of said application. If the surrender application is on account of maintenance, repairs or replacements necessitated by tenant, said notice shall include the estimated or actual cost of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms same, attaching estimates or paid receipts. Upon receipt of this Lease. Notwithstanding anything to the contrary contained hereinsaid notice, Tenant shall provide at once pay to Landlord an amount sufficient to restore the Security Deposit in full. Upon termination of this Lease, full payment of all amounts due and performance of all Tenant's covenants and agreements (including surrender of the form of a Letter of Credit Property in accordance with Exhibit “M” attached heretoParagraph 15), the Security Deposit or any portion thereof remaining unapplied shall be returned to Tenant in accordance with applicable law. In the event of 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 assumes all Landlord's obligations hereunder, Tenant agrees to look to such grantee, lessee or assignee solely for the return of said Security Deposit. The provisions hereof shall apply to each and every sale, lease or other transfer of the Building.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Security Deposit. The Tenant agrees to deposit the Security Deposit shall be deposited with Landlord by Tenant contemporaneously with on the delivery by Tenant to Landlord of this Leasedate hereof. The Security Deposit shall be held retained by Landlord, without liability for interest, Landlord as security for the faithful performance and observance by Tenant of Tenant’s covenants and its obligations under this Lease, it being expressly understood agreed that the Security Deposit shall is not be considered an advance payment of Rent rental deposit or a measure of Tenant’s liability for damages Landlord's damages. 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 case trust or in a separate account, and (c) Landlord shall have the right to commingle the Security Deposit with its other funds. If Tenant defaults under this Lease and such default extends beyond any applicable grace or cure period (following notice of default by Tenant. Landlord may, from time being given to timeTenant to the extent required hereunder), without prejudice to limiting any other remedyright or remedy of Landlord, use Landlord may also apply the whole or any part of the Security Deposit to the extent necessary to make good required for the payment of any arrearages of Rent or other sums payable under this Lease as to satisfy any other covenant which Tenant is in default or obligation of Tenant hereunder following the expiration on account of any applicable cure periodssum which Landlord may expend or may be required to expend by reason of Tenant's default. Following If any such application portion of the Security DepositDeposit is applied by Landlord for any such purpose, Tenant shall pay to shall, within ten (10) days after demand is made by Landlord, deposit cash with Landlord on demand the in an amount so applied in order sufficient to restore the Security Deposit to the amount required hereunder, from time to timeits original amount. If Landlord transfers its interest in Tenant shall fully and faithfully comply with all of the Complex during the term covenants and conditions of this Lease, Landlord may assign the Security Deposit shall be promptly returned to Tenant after 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 expiration date 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of 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 any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to , whereupon Landlord shall be released by Tenant from all liability for the contrary contained herein, Tenant shall provide return of the Security Deposit in and Tenant shall look solely to the form of a Letter of Credit in accordance with Exhibit “M” attached heretonew landlord for its return.
Appears in 2 contracts
Samples: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)
Security Deposit. The Security Deposit shall be deposited Tenant agrees to deposit 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, $198,800.00 as security for the performance by Tenant of every covenant and condition of this Lease by Tenant to be performed (the “Security Deposit”). Notwithstanding the foregoing, Landlord has waived the requirement of Tenant to deposit with Landlord the Security Deposit in the amount set forth in 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 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 with Landlord the Security Deposit as security for Tenant’s covenants and complete performance of its obligations under this Lease, it being expressly understood that Lease and 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 considered an advance payment required to deliver to Tenant any further notice of Rent such default or a measure allow any grace period for the cure of Tenant’s liability for damages in case such default. Said deposit may be commingled with other funds of default by TenantLandlord, and shall bear no interest. Landlord may, from time to time, without prejudice to any other remedy, use Upon 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 deposit of the Security Deposit, if Tenant shall pay default with respect to any covenant or condition of this Lease, including, but not limited to, the payment of any sum due hereunder, then Landlord on demand may use such portion of the amount Security Deposit as is necessary to cure such default. In the event Landlord so applied uses the Security Deposit in order to part or in whole, Tenant will restore the Security Deposit to the required amount required hereunder, from time upon notice of said default and failure to timedo so shall be a default under this Lease. If Landlord transfers its interest in Should Tenant comply with all of the Complex during the term covenants and conditions 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 balance thereof shall be returned to Tenant at the expiration 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security depositsTerm thereof. The Security Deposit will shall not be released to Tenant within thirty (30) days deemed an advanced payment of the surrender Rent or measure of the Premises to Landlord subject to Landlord’s damages for any deductions made default hereunder by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoTenant.
Appears in 2 contracts
Samples: Lease (Fender Musical Instruments Corp), Lease (Fender Musical Instruments Corp)
Security Deposit. The (a) Tenant's Security Deposit Deposit, which shall be deposited with Landlord delivered by Tenant contemporaneously to Landlord, together with the first (1st) month's payment of Base Rent and Equipment Space Rent concurrently with Tenant's delivery by Tenant to Landlord of this Lease. The Security Deposit Lease as executed by Tenant, shall be held by Landlord, without liability for interest, as security for the performance by Tenant of Tenant’s covenants and 's obligations under this Lease, it being expressly understood that . Landlord shall not be required to keep the Security Deposit segregated from other funds of Landlord. Tenant shall not be considered an advance payment assign or in any way encumber the Security Deposit. Upon the occurrence of Rent or a measure of Tenant’s liability for damages in case of any default by Tenant. Tenant (beyond the giving of acceptable notice and the passage of applicable grace periods), Landlord may, from time to timeshall have the right, without prejudice to any other remedy, to use the Security Deposit Deposit, or portions thereof, to the extent necessary to make good pay any arrearages of Rent or to satisfy in Rent, and any other covenant damage, injury or obligation of Tenant hereunder following the expiration of any applicable cure periodsexpense. Following any such application of all or any portion of the Security Deposit, Tenant shall pay to Landlord Landlord, on demand demand, the amount so applied in order to restore the Security Deposit to the its original amount required hereunder, from time to time. If Landlord transfers its interest in the Complex during the term of this Lease, Landlord may assign (or if the Security Deposit to the transferee and upon assumption by such transferee is a Letter of liability for the Security DepositCredit, Tenant may either deliver cash, a replacement Letter of Credit, or an additional Letter of Credit). Provided Tenant is not in default hereunder, Landlord shall have no further liability for the will 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 unapplied portion of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days following the later to occur of (i) the expiration of the surrender Term, and (ii) Tenant's vacancy of the Premises to Landlord subject to any deductions made by Landlord pursuant to and Building in accordance with the terms provisions of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide .
(b) If the Security Deposit is in the form of a Letter of Credit , the Letter of Credit shall
(i) be in accordance form and substance satisfactory to Landlord;
(ii) name Landlord as its beneficiary;
(iii) be drawn on an FDIC insured financial institution satisfactory to the Landlord;
(iv) expressly allow Landlord to draw upon it:
(A) in the event that the Tenant is in default under the Lease by delivering to the issuer of the 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) days prior to expiration of the Letter of Credit then held by Landlord, fails to provide Landlord with Exhibit “M” attached heretoa 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 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
Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Security Deposit. The On the Effective Date, Tenant 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 deposited with paid upon the Security Deposit nor shall Landlord by Tenant contemporaneously with be required to maintain the delivery by Tenant to Landlord of this Leasedeposit in a segregated account. The Security Deposit shall not be held construed as prepaid Rent. In the event that Tenant shall fail to cure a default under this Lease within the time allowed for cure, then Landlord may retain the Security Deposit, or a portion thereof, and apply it toward any damages sustained by Landlord, without liability for interest, as security for including but not limited to actual damages sustained by the performance Landlord by Tenant reason of the default of Tenant’s covenants and obligations under this Lease, it being expressly understood 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 bankruptcy or other debtor-creditor proceedings, either voluntarily or involuntarily instituted by or against Tenant, the Security Deposit shall not be considered an advance payment deemed to be applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to Landlord for all periods prior to the filing of such proceedings; to accrued and unpaid Rent or 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 measure sale of Tenant’s liability for damages in case of default by Tenant. the Building, Landlord may, from time shall have the right to time, without prejudice to any other remedy, use transfer the Security Deposit to the extent necessary buyer, and, assuming the buyer assumes all of Landlord’s obligations under this Lease and with respect 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 obligation regarding the return of such Security Deposit. Upon application of all or any part of the Security DepositIf Tenant is not then in default under this Lease, 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 or any balance thereof shall 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released returned to Tenant within thirty forty-five (3045) days after expiration of the surrender of Lease Term or forty-five (45) days after the Premises to Landlord subject to any deductions made by Landlord pursuant to final day Tenant occupies the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoLeased Premises.
Appears in 2 contracts
Samples: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (Traeger, Inc.)
Security Deposit. The Tenant shall deposit with Landlord upon execution hereof that sum identified in the Summary as 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, Deposit”) as security for the Tenant’s faithful performance by Tenant of Tenant’s covenants and obligations under this Leasehereunder. If Tenant fails to pay rent or other charges due hereunder (all of which, it being expressly understood that the Security Deposit shall not collectively, are defined to be considered an advance payment of Rent “Rent”), or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord may, from time to time, without prejudice otherwise defaults with respect 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 provision of this Lease, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposituse, Landlord shall have no further liability for the return of such Security Deposit. Upon application of apply, or retain all or any part portion of said deposit for the Security Depositpayment 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, Tenant must upon demand restore the Security Deposit or to the amount required hereundercompensate Landlord for any loss or damage which Landlord may suffer thereby. The use, from time to time. No application application, or retention of the Security Deposit by Landlord will shall not prevent Landlord from exercising any other remedy provided hereunder or at law and shall not be deemed construed as liquidated damages. 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 have cured 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 defaultobligations hereunder, the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without payment of interest or other increment for its use, to Tenant or, at Landlord’s option, to the last assignee, if any, of Tenant’s interest hereunder. at the expiration of the Term hereof, and after Tenant waives all provisions of Laws, now has vacated the Leased Premises. No trust or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation fiduciary relationship is created herein between Landlord and Tenant with respect to the handling or return of security depositsSecurity Deposit. The Security Deposit will be released to Tenant within thirty (30) days of If Landlord transfers the surrender of Leased Premises during the Premises to Term hereof, Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide may pay the Security Deposit to Landlord’s successor in the form of a Letter of Credit interest in accordance with Exhibit “M” attached heretoCivil Code § 1950.7 or any successor statute, in which event the transferring Landlord shall be released from all liability for the return of the Security Deposit.
Appears in 2 contracts
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon Tenant’s execution of this Lease. The , Tenant shall deposit with Landlord, cash in the amount of the Security Deposit shall be held by Landlordset forth in the Principal Lease Provisions, without liability for interest, as security for to secure the performance by Tenant of Tenant’s covenants and its 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 including without limitation Tenant’s liability for obligations (i) to pay Basic Monthly Rent and Additional Rent (as defined below), (ii) to repair damages to the 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 case the condition required by Paragraph 24, below, and (iv) to remedy any other Event of default Default by TenantTenant in the performance of any of its obligations under this Lease. If Tenant commits an Event of Default under this Lease, Landlord may, from time to time, without prejudice to any other remedyat its election, use the Security Deposit to the extent necessary cure such Event of Default, and to make good any arrearages compensate Landlord for all damage suffered by Landlord which are directly attributable to such Event of Rent or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsDefault, including, without limitation, reasonable attorneys’ fees and costs incurred by Landlord. Following any such application of the Security DepositUpon demand by Landlord, Tenant shall promptly pay to Landlord on demand the amount so applied in order a sum equal 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 portion of the Security Deposit so used by Landlord will be deemed Landlord, in order 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide maintain the Security Deposit in the form amount set forth in the Principal Lease Provisions. Following the Expiration Date, and within the earlier of a Letter 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 Credit the Security Deposit not used by Landlord, as provided in accordance this Paragraph. Landlord may commingle the Security Deposit with Exhibit “M” attached heretoLandlord’s other funds and Landlord will not pay interest on such Security Deposit to Tenant.
Appears in 2 contracts
Samples: Modified Gross Office Lease, Modified Gross Office Lease (Bakbone Software Inc)
Security Deposit. The Security Deposit shall be Tenant has 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, set forth in the Basic Provisions as security for the full and faithful performance of every provision of this Lease to be performed by Tenant. If Tenant fails to pay Base Rent, Additional Rent or other charges due hereunder or otherwise defaults with respect to any provision of the Lease, Landlord may use, apply or retain all or any portion of the Security Deposit for the payment of any 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 covenants default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. Tenant acknowledges and obligations under this Lease, it being expressly understood agrees that the Security Deposit shall is not be considered an advance payment of Rent or Rent, nor a measure of Tenantor limit on the amount of Landlord’s liability for damages in case the event of any default by Tenant. If Landlord may, from time to time, without prejudice to uses or applies all or 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 portion of the Security Deposit, Tenant shall pay to within ten (10) days after written demand, deposit cash with Landlord on demand the in an amount so applied in order sufficient to restore the Security Deposit to the full amount required hereunder, from time stated above and Tenant’s failure to time. If Landlord transfers its interest in the Complex during the term do so shall be a material breach of this Lease, . Landlord may assign shall not be required to keep the Security Deposit separate from its general accounts or to the transferee and upon assumption by such transferee of liability for pay interest on 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 The balance of the Security Deposit after deducting any amounts applied by Landlord will as provided above, shall be deemed returned, without payment of interest for its use, to have cured Tenant (or at Landlord’s option, to the last assignee, if any, of 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 or imposes upon a landlord (or its successorsinterest hereunder) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender later of (i) the last day of the Premises to 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 subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, and Tenant shall provide regarding the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoDeposit.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Redfin CORP)
Security Deposit. The Security Deposit shall be deposited Concurrently with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Tenant's execution of this Lease, Tenant shall deposit with Landlord a cash sum in the amount stated in Summary of Basic Lease Information Section 8 (Security Deposit). The Landlord shall hold the Security Deposit shall be held by Landlord, without liability for interest, as security for the performance by Tenant of Tenant’s covenants and 's obligations under this Lease. If Tenant defaults on any provision of 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 remedyremedy it has, use apply all or part of the Security Deposit to: (a) any Rent or other sum in default; (b) any amount that Landlord may spend or become obligated to spend in exercising Landlord's rights under Article 23; or (c) any expense, loss, or damage that Landlord may suffer because of Tenant's default. 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 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 officers, agents, employees, independent contractors, or invitees. If Landlord disposes of its interest in the Premises, Landlord may deliver or credit the Security Deposit to Landlord's successor in interest in the extent necessary Premises and thereupon be relieved of further responsibility with respect to make good the Security Deposit. 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 Landlord applies 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 portion of the Security Deposit, Tenant shall pay to shall, within thirty (30) days after demand by Landlord, deposit with Landlord on demand the an amount so applied in order sufficient to restore the Security Deposit to the amount required hereunder, from time its original amount. Tenant is not entitled to time. If Landlord transfers its any 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 on the Security Deposit. If Tenant performs every provision of this Lease to be performed by Tenant, 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 unused portion of the Security Deposit by Landlord will shall 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released returned to Tenant or the last assignee of Tenant's interest under this Lease within thirty (30) days following the expiration or termination of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this LeaseLease Term. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.*SEE ADDENDUM
Appears in 1 contract
Security Deposit. The (a) Contemporaneously with the execution of this Lease, Tenant shall deliver to Landlord the Security Deposit (as defined in the Basic Lease Information), which shall be deposited with held by Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord secure Tenant’s performance of its obligations under 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 is not be considered an advance payment of Rent or a measure or limit of TenantLandlord’s liability for damages upon an Event of Default (as defined in case of default by TenantSection 17). Landlord may, at Landlord’s discretion, from time to time, time following an Event of Default and without prejudice to any other remedy, use all or a part of the Security Deposit to put the extent necessary Premises in the condition required under this Lease and to make good perform any arrearages of Rent obligation Tenant fails to perform hereunder or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsin connection with Landlord’s remedies under this Lease. 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 its original amount. Subject to the amount requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within thirty (30) days after the expiration of the Term, return to Tenant the portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law, if any. 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, but shall not include any costs associated with normal wear and tear to the Premises (including but not limited to normal wear and tear to the Initial Tenant Work (as defined in Exhibit D attached hereto) and/or any Alterations (as defined in Section 8(a) hereof)). Unless required hereunderotherwise by applicable Law, from time to timethe Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Complex during the term of this LeasePremises, Landlord may assign the Security Deposit to the transferee and, upon such transfer (and upon assumption by such transferee the delivery to Tenant of liability an acknowledgment of the transferee’s responsibility for the Security DepositDeposit if required by Law), Landlord thereafter 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 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 or imposes upon a landlord .
(or its successorsb) any obligation with respect to the handling or return of security deposits. The Security Deposit will shall be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter letter of Credit credit. The letter of credit shall be issued by a reputable banking institution reasonably acceptable to Landlord. Tenant shall deliver to Landlord at least sixty (60) days prior to the expiration of the letter of credit a replacement letter of credit issued by the same financial institution as issued the expiring letter of credit (or such other reputable banking institution as is reasonably acceptable to Landlord), in accordance with the same form as the expiring letter of credit (or in such other form as is reasonably acceptable to Landlord). If Tenant fails to timely deliver any such replacement letter of credit, such failure shall, without the need for any additional notice from Landlord, constitute an Event of Default under this Lease, and Landlord shall be entitled to draw the full amount of such letter of credit and to hold and/or use such drawn funds as a cash Security Deposit hereunder. The letter of credit shall be irrevocable, shall name Landlord and any successor-in-interest of Landlord as beneficiary, shall be unconditional except as to require a sight draft drawn on the issuing bank to be tendered by the beneficiary at said bank’s office, and shall otherwise be in such form as may be reasonably required by Landlord. Landlord hereby agrees that the form of letter of credit attached hereto and made a part hereof as Exhibit N is acceptable. The term “Mletter of credit” attached heretoshall mean the original letter of credit delivered to Landlord and each replacement thereof delivered to Landlord during the Term of this Lease.
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon Tenant’s execution of this Lease. The , Tenant shall deposit with Landlord, cash in the amount of the Security Deposit shall be held by Landlordset forth in the Principal Lease Provisions, without liability for interest, as security for to secure the performance by Tenant of Tenant’s covenants and its obligations under this Lease, it being expressly understood that including without limitation Tenant’s obligations (i) to pay Basic Monthly Rent and Additional Rent (as defined below), (ii) to repair damages to the 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 19, below, and (iv) to remedy any other defaults by Tenant in the performance of any of its obligations under this Lease. If Tenant fails to pay Rent, or otherwise defaults under this Lease, Landlord may use, apply or retain all or any portion of said Security Deposit shall not be considered an advance for the payment of Rent or a measure of Tenant’s liability for damages in case of default by Tenant. any amount due 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 reimburse or compensate Landlord for any other covenant liability, expense, loss or obligation of Tenant hereunder following the expiration of damage which Landlord may suffer or incur by reason thereof. If Landlord uses or applies all or any applicable cure periods. Following any such application portion of the Security Deposit, Tenant shall pay to within twenty (20) days after written request therefor deposit monies with Landlord on demand the amount so applied in order sufficient to restore said Security Deposit to the full amount required by this Lease. Should the Permitted Use be amended to accommodate a material change in the business of Tenant or to accommodate a subtenant or assignee, Landlord shall have the right to increase the Security Deposit to the amount extent necessary, in Landlord’s reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. Landlord shall not be required hereunder, to keep the Security Deposit separate from time to timeits general accounts. If Landlord transfers its interest in Within sixty (60) days after the Complex during the term expiration or termination of this Lease, Landlord may assign shall return that portion of the Security Deposit to the transferee and upon assumption not used or applied by such transferee of liability for the Security Deposit, Landlord shall have no further liability for the return of such Security DepositLandlord. Upon application of all or any No part of the Security DepositDeposit shall be considered to be held in trust, to earn interest or to be prepayment for any monies to be paid by 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of under this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
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Security Deposit. The Security Deposit in the form of the Letter of Credit shall be deposited with Landlord by Tenant contemporaneously with the delivery delivered by Tenant to Landlord as specified in Section 6.A and shall be held by Landlord as security for the performance of Tenant’s obligations under 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 is not be considered an advance payment of Rent or a measure of Tenant’s liability for damages in case of default by Tenantdamages. Landlord may, from time to timetime while an event of default by Tenant exists after notice and opportunity to cure (if applicable) and remains uncured, without prejudice to any other remedy, draw on the Letter of Credit as therein provided and use all or a portion of the funds thereby received to satisfy past due Rent, cure any uncured default by Tenant, 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 so draws on the Letter of Credit, Tenant shall on demand restore the face amount of the Letter of Credit to its original amount and such use by Landlord of the funds drawn from the Letter of Credit shall not constitute a cure of the existing event of default until such time as the entire amount owing to Landlord is paid in full and the Letter of Credit face amount is fully restored. Provided that Tenant has performed all of its obligations hereunder, Landlord shall return the original Letter of Credit (subject to any prior drafts thereon) 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; provided, however, that Tenant does hereby authorize Landlord to withhold from any funds held by Landlord hereunder as 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 the OE Payment for the final year of the Term. To the fullest extent necessary to make good any arrearages permitted by applicable Law, Tenant agrees that the provisions of Rent or to satisfy any other covenant or obligation this Article 6 shall supersede and replace all statutory rights of Tenant hereunder following under applicable Law regarding the expiration retention, application or return 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 timesecurity deposits. If Landlord transfers its interest in the Complex during the term of this LeasePremises, Landlord may shall assign the Security Deposit to the transferee and, following the assignment and upon assumption by such transferee the delivery to Tenant of liability an acknowledgement of the transferee’s responsibility for the Security DepositDeposit if required by Law, Landlord shall have no further liability for the return of such the Security Deposit. Upon application of all or any part of Landlord shall not be required to keep the Security Deposit, Tenant must upon demand restore funds constituting the Security Deposit to the amount required hereunder(i.e., from time to time. No application of the Security Deposit any funds received by Landlord will 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 as a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form result of a draft on the Letter of Credit in accordance with Exhibit “M” attached heretoCredit) separate from its other accounts.
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Security Deposit. The Security Deposit (as defined above) shall be deposited with Landlord paid by Tenant contemporaneously with Licensee to JTC on the delivery by Tenant to Landlord date of Licensee’s execution of this Lease. The Security Deposit Agreement and shall be held by Landlord, without liability for interest, as security JTC for the performance by Tenant of Tenant’s Licensee's covenants and obligations under this Lease, it being expressly understood that the Agreement. The Security Deposit shall not be considered an advance payment of Rent any Monthly License Fee or other charge or a measure of Tenant’s liability for damages JTC's damage in case of default by TenantLicensee. Landlord JTC shall not be obligated to 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 default by Licensee or breach by Licensee of Licensee's covenants under this Agreement, JTC may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages arrears of Rent payments of the Monthly License Fee or other sum due to JTC hereunder, or to satisfy repair any other covenant damage or obligation injury, and pay any expense or liability incurred by JTC as a result of Tenant hereunder following the expiration default or breach of covenant, and any applicable cure periods. Following any such application remaining balance of the Security DepositDeposit 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, Tenant Licensee shall pay to Landlord on demand the upon ten (10) days written notice from JTC, deposit with JTC an amount so applied in order sufficient to restore the Security Deposit to its original amount. In the amount required hereunder, from time to time. If Landlord transfers event that JTC shall transfer all or any part of its interest in the Complex during the term of this LeaseMaster Premises, Landlord JTC may assign transfer the Security Deposit to the such transferee and upon assumption shall thereupon be released by such transferee of liability for the Security Deposit, Landlord shall have no further Licensee from any and all liability for the return of the Security Deposit and Licensee agrees thereafter to look only to such Security Deposit. Upon application of all or any part transferee for the return of the Security Deposit. Licensee shall not assign or encumber its interest in the Security Deposit, Tenant must upon demand restore 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 the amount required hereunderwhich Licensee is entitled, from time to time. No application of the Security Deposit by Landlord if applicable) will be deemed returned 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant Licensee within thirty (30) days of the surrender after JTC’s final walk-through inspection of the Premises to Landlord subject to any deductions made by Landlord pursuant to upon the expiration or earlier termination of this Agreement, provided that Licensee has vacated the Building in strict compliance with the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoand conditions hereof.
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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, Landlord as security for the performance by Tenant of Tenant’s covenants and 's obligations under this Lease, it being expressly understood that the . The Security Deposit shall is not be considered an advance payment of Rent rental deposit or a measure of Tenant’s liability for Landlord's damages in case of default Tenant's default. Upon each occurrence of an Event of Default (hereinafter defined), 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 Tenant. Landlord may, from time to timesuch Event of Default, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of Rent remedy provided herein or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsprovided by law. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to that will restore the Security Deposit to its original amount. Landlord's obligation respecting the amount required hereunderSecurity Deposit is that of a debtor, from time not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, and unless used by Landlord as set forth above, shall be paid to time. If Landlord transfers its interest in Tenant within 30 days of the Complex during the term expiration or termination 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, be released from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days upon transfer of the surrender of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Paragraph 5. At Tenant's election, the Security Deposit may be in the form of an unconditional, irrevocable letter of credit from a bank reasonably acceptable to Landlord, and in substantially similar form as attached hereto as Addendum 5 to this Lease or in another form reasonably acceptable to Landlord. The letter of credit shall either provide that it shall automatically renew during each year of the Lease Term or shall otherwise be renewed at least 30 days prior to its expiration during the term of the Lease (it being agreed that Tenant may elect at any time to substitute cash for the letter of credit). The letter of credit shall provide that it may be drawn down upon by Landlord subject at any time Landlord delivers its sight draft to any deductions made the bank, together with a "drawing" request in the form of Exhibit E annexed hereto. If Landlord sells or conveys the Premises, Tenant shall, at Landlord's request (and at no expense to Tenant), cooperate in having the letter of credit transferred to the purchaser. If the letter of credit is ever drawn upon by Landlord pursuant to the terms of this Lease. Notwithstanding anything the Lease and Addendum 5 to the contrary contained hereinLease, Tenant shall provide within ten (10) days thereafter cause the Security Deposit letter of credit to be restored to its original amount. Landlord shall not draw on the letter of credit unless and until (i) an Event of Default occurs or (ii) the expiration or termination of the Lease Term occurs and Tenant has defaulted in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoits obligations under Paragraph 21 below.
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Security Deposit. The $ shall be paid by Tenant to Landlord upon the execution of this Agreement as additional security for Tenant's obligations to Landlord ("Security Deposit"). Such Security Deposit shall be deposited with equal to one monthly installment of rent. If at any time during this Agreement an existing security deposit then being held by Landlord by is less than one monthly installment of rent, Tenant contemporaneously with the delivery by Tenant will be required to make an additional payment to Landlord so that the Security Deposit being held by Landlord is equal to one monthly installment of this Leaserent. No interest shall be paid on the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its other accounts and no trust relationship is created with respect to the Security Deposit. Any interest from the Security Deposit shall be retained by Landlord. 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 is not be considered an advance payment of Rent rent or a measure of Tenant’s liability for liquidated damages in case of default by Tenant. Upon the occurrence of any event of default, Landlord may, from time to time, without prejudice to any other remedyremedy provided herein or provided by law, use the Security Deposit to the extent necessary to make good any arrearages of Rent rent and any other damage, injury, expense or liability caused to Landlord by such event of default, or to satisfy any Tenant's other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsobligations hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord Landlord, on demand demand, the amount so applied in order to fully restore the Security Deposit. If Tenant is not then in default, and no condition exists, which, with the passage of time or both, would constitute a default when this Agreement expires or terminates, except as otherwise provided for in this Agreement, Landlord will return any unused portion of the Security Deposit to Tenant within 30 days after the amount required hereunderlast to occur of: (i) the Expiration Date, from time to time. If Landlord transfers its interest (ii) payment of all rent and any damages, (iii) Tenant's surrender of the Premises in the Complex during the term of accordance with this Lease, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee (iv) Landlord's receipt of liability for the Security DepositTenant's forwarding address. Tenant's actual or attempted assignment, Landlord shall have no further liability for the return of such Security Deposit. Upon application of all transfer, 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 encumbrance of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretonot bind Landlord.
Appears in 1 contract
Samples: Aircraft Storage Rental Agreement
Security Deposit. The Contemporaneously with the execution of this Lease, Tenant shall pay to Landlord the Security Deposit Deposit, which shall be deposited with held by Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord secure Tenant’s performance of its obligations under 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 is not be considered an on advance payment of Rent or a measure or limit of TenantLandlord’s liability for damages in case upon an Event of default by TenantDefault (as defined herein). Landlord may, from time to time, time following an Event of Default and without prejudice to any other remedy, use all or a part of the Security Deposit to the extent necessary perform any obligation Tenant fails 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 periodsperform hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on within 15 days after demand the amount so applied in order to restore the Security Deposit to its original amount. Subject to the amount requirements of, and conditions imposed by. Laws applicable to security deposits under commercial leases, Landlord shall, within the time required hereunderby applicable Law, from time return to timeTenant 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 which have not been previously reimbursed by Xxxxxx. The Security Deposit may be comingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Complex during the term of this LeasePremises, Landlord may assign the Security Deposit to the transferee and, upon such transfer and upon assumption by such transferee the delivery to Tenant of liability an acknowledgement of the transferee’s responsibility for the Security DepositDeposit as provided by Law, Landlord thereafter shall have no further liability for the return of such the Security Deposit. Upon application of all or any part of Notwithstanding 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 be deemed to have cured Tenant’s defaultforegoing. Tenant waives all provisions of Laws, now or hereinafter in force, which restrict shall have the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect right to the handling or return of security deposits. The Security Deposit will be released elect to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of an unconditional, irrevocable and transferable letter of credit (such letter of credit and any renewals or substitutions thereof herein called the “Letter of Credit”) in the amount of the Security Deposit in a form mutually acceptable to all parties. The Letter of Credit shall at all times be (1) in accordance favor of Landlord, with amounts drawn thereunder available solely to Landlord upon Landlord’s delivery of a draft to the issuing bank in the form attached as Schedule I to Exhibit “M” 1 attached hereto., (2) issued by a national bank with a long term debt rating of AA (or better) as issued by Xxxxx’x Investors Services, Inc., and otherwise acceptable to Landlord in its reasonable discretion, (3) in effect from the date of the Lease throughout the Term, as may be extended (or if for a shorter initial period, then subject to replacement/renewal as hereinafter provided), and (4) transferable (but only to a successor to Landlord, including without limitation Landlord’s Mortgagee, or any successors thereof or to an assignee of this Lease) solely upon Landlord’s delivery of a notice to the issuing bank in the form attached as Schedule II to Exhibit I.
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Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon Tenant’s execution of this Lease. The , Tenant shall deposit with Landlord good funds in the amount of the Security Deposit shall be held by Landlord(if any) set forth in the Principal Lease Provisions, without liability for interest, as security for to secure the performance by Tenant of Tenant’s covenants and its obligations under this Lease, it being expressly understood that including without limitation Tenant's obligations (i) to pay Basic Monthly Rent and Additional Rent (as defined below), (ii) to repair damages to the Premises and/or the Project caused by Tenant or Tenant’s Invitees, (iii) to surrender the Premises in the condition required by Paragraph 24, below, and (iv) to remedy any other defaults by Tenant in the performance of any of its obligations under this Lease. If Tenant commits any default under this Lease, Landlord may, at its election, use the Security Deposit to cure such default, and to compensate Landlord for all damages actually suffered by Landlord which are directly attributable to such default, including, without limitation, reasonable attorneys' fees and costs incurred by Landlord. Upon demand by Landlord, Tenant shall not be considered an advance payment 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 above (subject to increase as set forth below). If the Basic Monthly Rent or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord mayshall, from time to time, without prejudice increase during the Term, then, upon demand by Landlord, Tenant shall deposit with Landlord cash in an amount necessary to any other remedy, use increase the Security Deposit such that it shall at all times bear the same proportion to the extent necessary then‑current Basic Monthly Rent as the initial Security Deposit bears to make good any arrearages of Rent or to satisfy any other covenant or obligation of Tenant hereunder the initial Basic Monthly Rent. Within 45 days 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 Expiration Date or earlier termination of this Lease, Landlord may assign the Security Deposit shall deliver to the transferee and upon assumption by such transferee of liability for the Security DepositTenant, Landlord shall have no further liability for the return of such Security Deposit. Upon application of all or at Tenant's last known address, 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 portion of the Security Deposit not used by Landlord, as provided in this Paragraph. Landlord will be deemed may commingle the Security Deposit (and any advance Rent received by Landlord) with Landlord's other funds and Landlord shall not pay interest on such Security Deposit to have cured Tenant. Tenant waives the provisions of California Civil Code Section 1950.7 (or any successor statute), and any similar principals of law with respect to Landlord’s ability to apply the Security Deposit against future rent damages. Furthermore, upon lawful termination of the Lease as a result of 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 or imposes upon a landlord (or its successors) any obligation with respect Landlord shall be entitled to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide immediately apply the Security Deposit in against damages computed under California Civil Code Section 1951.2, without the form of requirement that Tenant first be given notice and an opportunity to cure, and notwithstanding that the damages have not been finally adjudicated by a Letter of Credit in accordance with Exhibit “M” attached heretocourt.
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited with delivered to Landlord upon the execution of this Lease by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Security Deposit and shall be held by Landlord, Landlord without liability for interest, interest (except as required by law) and as security for the performance by Tenant of Tenant’s covenants and 's obligations under this Lease, it being expressly understood that the . The Security Deposit shall not be considered an advance payment of Rent or a measure of Tenant’s 's liability for damages in case of default by Tenantdamages. Landlord may, from time to time, without prejudice to any other remedy, use all or a portion of the Security Deposit to the extent necessary to make good any arrearages arrearage of Rent Rent, to repair damages to the Premises, to clean the Premises upon termination of this Lease or otherwise to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodshereunder. 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 its original amount. If Tenant is not in default at the amount required hereundertermination of this Lease, after Tenant surrenders the Premises to Landlord in accordance with this Lease and all amounts due Landlord from time Tenant are finally determined and paid by Tenant or through application of the Security Deposit, the balance of the Security Deposit remaining after any such application shall be returned to timeTenant. If Landlord transfers its interest in the Complex Premises during the term of this LeaseLease Term, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord thereafter shall have no further liability for the return of such Security Deposit. Upon application of all Tenant agrees to look solely to such transferee or any part assignee for the-return of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application 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 will be deemed to have cured Tenant’s default. Tenant waives all provisions of Lawsshall, now or hereinafter in force, which restrict the amount or types of claim provided that Landlord has been furnished with a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days fully executed copy of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained hereinagreement assigning such Security Deposit, Tenant shall provide return the Security Deposit in the form of a Letter of Credit to such assignee in accordance with Exhibit “M” attached heretothe terms and conditions hereof. If Landlord returns 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 1 contract
Samples: Office Lease (Symbion Inc/Tn)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously Simultaneously with the execution and delivery by Tenant to Landlord of this Lease. The Security Deposit , Tenant shall be held by Landlorddeposit with Landlord or Agent the sum set forth in Section 1.12 above, without liability for interestin good funds (the "Security"), as representing security for the performance by Tenant of Tenant’s the covenants and obligations under this Leasehereunder. The Security shall be held by Landlord or Agent, it being expressly understood without interest, in favor of Tenant; provided, however, that no trust relationship shall be deemed created thereby and the Security Deposit shall not may be considered an advance payment commingled with other assets of Rent Landlord. If Tenant defaults in the performance of any of its covenants hereunder and such default continues beyond any applicable notice and cure period, Landlord or a measure of Tenant’s liability for damages in case of default by Tenant. Landlord Agent may, from time with notice to timeTenant, without prejudice to any other remedy, use apply 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 whole or any part of the Security DepositSecurity, to the extent required for the payment of any Rent or other sums due from Tenant hereunder, in addition to any other remedies available to Landlord. In the event Landlord or Agent shall so apply the Security, Tenant must shall, upon demand restore the Security Deposit demand, immediately deposit with Landlord or Agent a sum equal to the amount required so used. Tenant's failure to do so shall constitute a default under this Lease. If Tenant fully and faithfully complies with all the covenants hereunder, from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successorsany balance thereof) any obligation with respect to the handling or return of security deposits. The Security Deposit will shall be released returned to Tenant within thirty (30) days after the last to occur of (i) the surrender date the Term expires or terminates, (ii) delivery to Landlord of possession of the Premises to and (iii) Landlord's or Agent's inspection of the Premises and determination that all obligations of Tenant under this Lease have been fully satisfied. Landlord subject may deliver the Security to any deductions made by purchaser of Landlord's interest in the Premises [or any Successor Landlord pursuant (defined below), if applicable], and thereupon Landlord and Agent shall be discharged from any further liability with respect to the terms of this LeaseSecurity. Notwithstanding anything to Each time the contrary contained hereinRent is increased, Tenant shall provide deposit additional funds with Landlord sufficient to increase the Security Deposit in to an amount which bears the form of a Letter of Credit in accordance with Exhibit “M” attached heretosame relationship to the increased rent as the initial Security bore to the initial Rent.
Appears in 1 contract
Samples: Industrial Building Lease (Nantucket Industries 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, Landlord as security for the performance by Tenant of Tenant’s covenants and 's obligations under this Lease, it being expressly understood that the . The Security Deposit shall is not be considered an advance payment of Rent rental deposit or a measure of Tenant’s liability for Landlord's damages in case of default Tenant's default. Upon each occurrence of an Event of Default (hereinafter defined), 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 Tenant. Landlord may, from time to timesuch Event of Default, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of Rent remedy provided herein or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsprovided by law. Following any such application of the Security Deposit, Tenant shall pay to Landlord on no later than ten (10) days following Landlord's demand the amount so applied in order to that will restore the Security Deposit to the amount required hereunder, from time to timeits original amount. If Landlord transfers its interest in the Complex during the term of this Lease, Landlord may assign 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 the transferee and upon assumption by such transferee of liability for the Security Deposit, Tenant when Tenant's obligations under this Lease have been completely fulfilled. 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, be released from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty upon transfer of this Lease, the Security Deposit (30or so much thereof as remains) days of the surrender of and the Premises to a person or entity assuming Landlord's obligations under this Paragraph 5. Notwithstanding anything to the contrary in this Section 5, Landlord subject and Tenant acknowledge and agree that the existing Letter of Credit held by Landlord in the amount of $95,308 with respect to the Lease between Landlord and Tenant for space located at 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxx, XX ("Existing LOC") shall become a portion of the Security Deposit for this Lease within 30 days following the Commencement Date of this Lease; provided that Landlord agrees to first draw upon the cash portion of the Security Deposit hereunder before drawing upon the Letter of Credit. All renewals of the Existing LOC shall be in the form attached hereto as Exhibit B. All renewals of the Existing LOC shall provide that it does not expire until 60 days after the end of the Lease Term or, if it is for less than the full Lease Term, shall be renewed by Tenant at least 60 days prior to its expiration during the Lease Term. The Letter of Credit shall provide that it may be drawn down upon by Landlord at any deductions made time Landlord delivers its site draft to the bank. If Landlord sells or conveys the Premises, Tenant shall, at Landlord's request, cooperate in having the Letter of Credit transferred to the purchaser. If the Letter of Credit is ever drawn upon by Landlord pursuant to the terms of the Lease and this Lease. Notwithstanding anything to the contrary contained hereinParagraph, Tenant shall provide within ten (10) days thereafter cause the Security Deposit Letter of Credit to be restored to its original amount. Further, in the form of a event Tenant fails to renew the Letter of Credit in accordance with Exhibit “M” attached heretothe terms and conditions as set forth in this Paragraph, or in the event that Tenant shall commence any proceeding for relief, as defined in Paragraph 23(ii) of the Lease, an immediate Event of Default shall be deemed to have occurred, without the requirement of notice or opportunity to cure, in which case Landlord may immediately draw down on the Letter of Credit.
Appears in 1 contract
Security Deposit. The Upon full execution of this Lease by Laxxxxxx xnd Texxxx, Tenant shall pay to Landlord a Security Deposit shall be deposited with Landlord by Tenant contemporaneously with in the delivery by Tenant amount set forth in Section 1.1. hereinabove, to Landlord of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, as security Landlord for the faithful performance by Tenant of Tenant’s covenants and obligations under this Leasehereunder, it being expressly understood that the Security Deposit shall not be considered as an advance payment of Rent or as a measure of TenantLandlord’s liability for damages in case the event of default a Default (as hereinafter defined) by Tenant. If at any time during the Term hereof, or the Term as it may be extended, the Tenant shall be in Default in payment of Rent, the Landlord may, from time but shall not be obligated to, apply all or a part of the Security Deposit for such payment. The Landlord may also apply all or part of the Security Deposit to timerepair damages to the Premises during or upon the termination of the tenancy created by this Lease, without prejudice subject to any other remedynotice and cure provisions contained herein. In such event, use the Tenant shall, on demand, pay to the Landlord a like sum to replenish the Security Deposit. If Tenant is not in Default at the termination of this Lease, Landlord shall return the Security Deposit to the extent necessary Tenant. Landlord shall not be required to make good any arrearages of Rent or keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such application of interest on the Security Deposit, . Landlord and Tenant agree that Landlord shall pay be entitled to Landlord on demand the amount so applied in order to restore the immediately endorse and cash Tenant’s Rent and Security Deposit to the amount required hereundercheck(s) accompanying this Lease. It is further agreed and understood that such action shall not guarantee acceptance of this Lease by Landlord, from time to time. If Landlord transfers its interest but in the Complex during the term of event Landlord does not accept this Lease, Landlord may assign the Tenant’s Rent and Security Deposit checks so delivered and cashed (if applicable) shall be refunded in full 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously Concurrently with the delivery by Tenant to Landlord execution of this Lease, Tenant shall deposit with Landlord the Security Deposit in the amount set forth above. The Security Deposit shall be held by Landlord, without liability for interest, Landlord as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the . The Security Deposit shall is not be considered an advance payment of Rent rental deposit or a measure of TenantLandlord’s liability for damages in case of default Tenant’s default. Upon each occurrence of an Event of Default (hereinafter defined), 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 Tenant. Landlord may, from time to timesuch Event of Default, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of Rent remedy provided herein or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsprovided by law. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to that will restore the Security Deposit to the amount required hereunder, from time to timeits original amount. If Landlord transfers its interest in the Complex during the term of this Lease, Landlord may assign 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 the transferee and upon assumption by such transferee of liability for the Security Deposit, extent remaining) to Tenant when Tenant’s obligations under this Lease have been completely fulfilled. 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, be released from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days upon transfer of the surrender of this Lease and the Premises to a person or entity assuming Landlord’s obligations under this Paragraph 5. In the event of a sale or other disposition of the Premises, Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide may transfer the Security Deposit to the new owner, and, thereafter, Landlord shall be released by Tenant from all responsibility for returning the Security Deposit, and Tenant shall look solely to the new owner for return of the Security Deposit. If Tenant assigns this Lease, Tenant’s rights in the form Security Deposit shall be deemed to be assigned to the assignee, such Security Deposit shall be held by Landlord as a Security Deposit made by the assignee and Landlord shall have no further responsibility for return of the Security Deposit to Tenant. Tenant hereby waives the provisions of any law, now or hereafter in effect, which provide that Landlord may claim from a Letter security deposit only those sums reasonably necessary to remedy defaults in the payment of Credit rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in accordance with Exhibit “M” attached heretoaddition, claim those sums specified in this Paragraph 5 and/or those sums reasonably necessary to compensate Landlord for any other actual loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Tenant or any officer, member, manager, director, employee, agent, contractor or invitee of Tenant.
Appears in 1 contract
Security Deposit. The Upon execution of this Agreement, TENANT, shall deposit with LANDLORD as a Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this Leaseof<<Security Deposit Charges>>. 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 At any 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 Agreement and upon assumption termination of the tenancy by such transferee of liability either party for any reason, and as provided herein, the LANDLORD, may claim, from the Security Deposit, Landlord such amounts due LANDLORD under this Agreement, including but not limited to, remedying any default of the tenant in the payments of rent; repairing damages to the premises other than normal wear and tear caused by TENANT; and cleaning the Premises. TENANT shall have no further liability not apply the Security Deposit to, or in lieu of, rent.Any termination prior to the initial Term set forth herein, or failure of TENANT to provide proper notice of termination, is a default in the payment of rent for the return remainder of such the Term, which may be offset by the Security Deposit. Upon application of all or any part LANDLORD shall provide TENANT with a written, itemized accounting of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application disposition of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of termination.TENANT agrees, upon termination of the tenancy, to provide LANDLORD with a forwarding address to prevent a delay in receiving the accounting and any refund. At the termination of this agreement, the TENANT will be refunded the remaining Security Deposit (if any).In the event of damage to the Premises caused by TENANT or TENANT’s family, agents or visitors, LANDLORD may use funds from the Security Deposit to repair, but is not limited to this fund and TENANT remains liable for any remaining costs. In addition to the above, to be fully refundable, the Premises must be professionally cleaned, including the carpets, tile, grout, and all other hard surface flooring. TENANT must produce an invoice from a reputable company to LANDLORD upon surrender of the Premises indicating the work performed and the applicable costs. The service provided and company used must be pre-approved by LANDLORD prior to Landlord subject to any deductions made by Landlord pursuant to commencing the terms of this Lease. Notwithstanding anything to work and must meet with the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoLANDLORD’S minimum standards.
Appears in 1 contract
Samples: Lease Agreement
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security Deposit, as shown on the Lease Summary. The Security Deposit shall be held by Landlord, without liability for interest, serve as security for the prompt, full, and faithful performance by Tenant of Tenant’s covenants the terms and obligations under provisions of this Lease. In the event that Tenant is in Default hereunder, it being expressly understood or in the event 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. Tenant owes any amounts to 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 upon 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 use or apply 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 whole or any part of the Security Deposit, Tenant must upon demand restore Deposit for the Security Deposit to the amount required payment of Tenant’s obligations hereunder, from time to time. No The use or application of the Security Deposit by or any portion thereof shall not prevent Landlord will from exercising any other right or remedy provided hereunder or under any Law and shall not be deemed to have cured Tenant’s defaultconstrued as liquidated damages. Tenant waives all provisions of Laws, now or hereinafter in force, which restrict In the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to event the handling or return of security deposits. The Security Deposit will 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 released required to keep the Security Deposit separate from Landlord’s general funds or pay interest on the Security Deposit. Provided Tenant has performed all of its obligations under this Lease, any remaining portion of the Security Deposit shall be returned to Tenant within thirty (30) days of subsequent to the surrender of Expiration Date. If the Premises to shall be expanded at any time, or if the Term shall be extended at any increased rate of Rent, the Security Deposit shall thereupon be proportionately increased. No trust or fiduciary relationship is created herein between Landlord subject to any deductions made by Landlord pursuant and Tenant with respect to the terms Security Deposit. If Landlord transfers the Premises during the Term of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide Landlord may pay the Security Deposit to Landlord’s successor-in-interest, in which event the form transferring Landlord shall be released from all liability for the return of a Letter of Credit in accordance with Exhibit “M” attached heretothe Security Deposit.
Appears in 1 contract
Samples: Lease (Ecost Com Inc)
Security Deposit. In addition to the Rental Fee, Agreement Holder agrees to pay to the Association a Security Deposit in the amount of one hundred and fifty dollars ($150.00). Refund of the Security Deposit or any portion thereof shall be made within ten (10) business days following the date of reserved use, provided the Barn Pavilion, premises, facilities, and equipment are left in satisfactory condition and no Association rules or city ordinance have been violated. The refund of the Security Deposit will be made payable to the first person’s name appearing on the Agreement. The Association, pending the post use inspection will hold the Security Deposit subject to: The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with refunded after the delivery by Tenant event only if the Barn Pavilion, premises, furniture, appliances, fixtures and appurtenances are found, upon post-use inspection, to Landlord be in the same condition as at the commencement of this Leasethe Rental Period as listed on the pre-use inspection, ordinary wear and tear expected. 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 liquidated damages, and the Agreement Holder hereby agrees that he/she shall be responsible for any and all damage in excess 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 amount of the Security Deposit. The Association reserves the right, Tenant in its sole judgment, to deduct from the Security Deposit any amount necessary, as determined by the Association’s Managing Agent, to cover (a) all costs of cleanup if warranted (e.g., if the Barn Pavilion is not returned to the same condition as at the commencement of the Rental Period); and (b) the costs of repairs or replacement of any property damaged during the use of the Barn Pavilion. If the Security Deposit does not fully cover these costs, the Agreement Holder shall be billed for and agrees to promptly pay the difference and future use of any of the Association’s facilities shall be denied until these costs are paid. Any Agreement Holder using the Barn Pavilion shall be responsible for any and all damages that occur due to Landlord on demand their use of the amount so applied Barn Pavilion. The billed costs will be considered a special assessment and if not paid could result in order a lien being initiated against the Agreement Holder’s property. Agreement Holder herein agrees to the deduction of whatever expenses are required to restore the Security Deposit facilities to the amount required hereundersame condition as when Agreement Holder entered the facilities, including but not limited to any needed surface cleaning, ordinary wear and tear expected. Agreement Holder will remove from time the Barn Pavilion all materials that are not the property of Association after the Rental Period. Association shall be authorized to timeremove at the expense of Agreement Holder all materials remaining. 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 Agreement Holder shall be responsible for the Security Depositpayment of storage costs of such materials, Landlord and Agreement Holder agrees that Association shall in no way be responsible for loss, damage or claims against the Association for material so removed or stored. Agreement Holder agrees that Association shall have no further liability a first lien on such material for payment of all costs accrued for the return of such Security Depositremoval and storage. Upon application of all or any part The clean-up must be completed within 30 minutes after the conclusion 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoRental Period.
Appears in 1 contract
Samples: Rental Agreement
Security Deposit. The Security Deposit shall be deposited Concurrent with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord its execution of this Lease. The , Tenant shall deposit with Landlord the Security Deposit shall be held by Landlord, without liability for interestDeposit, as security for the full and faithful performance by Tenant of the provisions of this Lease. If Tenant is in default, Landlord may use the Security Deposit, or any portion of it, to cure the default or to compensate Landlord for damages which Landlord may suffer by reason of Tenant’s covenants and obligations under this Lease, it being expressly understood that default until the Security Deposit is fully exhausted. Landlord’s obligations with respect to the Security Deposit are those of a debtor and not a trustee. Landlord may maintain the Security Deposit with Xxxxxxxx’s general and other funds. Landlord shall not be considered an advance payment required to pay Tenant interest on the Security Deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Rent or a measure Landlord. If Landlord sells its interest in the Premises, Landlord may deliver the unapplied balance 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 purchaser of Landlord’s interest and thereupon be relieved of any arrearages of Rent or to satisfy any other covenant further liability or obligation of Tenant hereunder following with respect to the expiration of Security Deposit. If any applicable cure periods. Following any such application of the Security DepositDeposit is applied as permitted hereunder due to Tenant’s default, Tenant shall immediately pay to Landlord on demand at a location designated by Landlord the amount so applied in order to restore the Security Deposit to its original amount, and Xxxxxx’s failure to do so immediately shall constitute a default under this Lease. If the amount required hereundermonthly Base Rent shall, from time to time. If Landlord transfers its interest in the Complex , increase during the term Term (as it may be extended), Tenant shall, at the time of this Leasesuch increase, deposit with Landlord may assign additional money as a Security Deposit so that the total amount of the Security Deposit held by Landlord shall at all times be equal to the transferee and upon assumption by such transferee amount of liability Base Rent for the Security Depositlast month of the Term (as it may be extended). Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, and all other provisions of law, now or hereafter in force, which provide that Landlord shall have no further liability 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 caused by the return default of such Security DepositTenant under this Lease. Upon application Provided that Tenant has not been in default under this Lease beyond any applicable notice and cure periods, on the first day of all or any part (i) the thirteenth (13th) month of the Term of the Lease, Eighteen Thousand Three Hundred Fifty-Seven and 81/100ths Dollars ($18,357.81) of the Security DepositDeposit shall be applied to the payment of Rent under the Lease for the thirteenth (13th) month of the Term of the Lease (and to the extent that any amount of such applied amount shall be remaining, Tenant must upon demand restore then such remaining amount shall be applied to the Rent for the next occurring month), (ii) the twenty- fifth (25th) month of the Term of the Lease, Eighteen Thousand Three Hundred Fifty-Seven and 81/100ths Dollars ($18,357.81) of the Security Deposit shall be applied to the payment of Rent under the Lease for the twenty-fifth (25th) month of the Term of the Lease (and to the extent that any amount required hereunderof such applied amount shall be remaining, from time then such remaining amount shall be applied to timethe Rent for the next occurring month), and (iii) the thirty-seventh (37th) month of the Term of the Lease, Eighteen Thousand Three Hundred Fifty-Seven and 81/100ths Dollars ($18,357.81) of the Security Deposit shall be applied to the payment of Rent under the Lease for the thirty-seventh (37th) month of the Term of the Lease (and to the extent that any amount of such applied amount shall be remaining, then such remaining amount shall be applied to the Rent for the next occurring month). No If Tenant is in default of this Lease on the date that such application of the Security Deposit by is to be made, Landlord will shall not be deemed required to have cured Tenant’s default. apply the any amount until such time as Tenant waives all provisions of Laws, now or hereinafter is no longer in force, default (in which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained hereinevent, Tenant shall provide be required to pay the Security Deposit in rent due for the form of a Letter of Credit in accordance with Exhibit “M” attached heretoapplicable month).
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon Tenant's execution of this Lease. The , Tenant shall deposit with Landlord, cash in the amount of the Security Deposit shall be held by Landlord(if any) set forth in the Principal Lease Provisions, without liability for interest, as security for to secure the performance by Tenant of Tenant’s covenants and its obligations under this Lease, it being expressly understood that including without limitation Tenant's obligations (i) to pay Basic Monthly Rent and Additional Rent (as defined below), (ii) to repair damages to the 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 defaults by Tenant in the performance of any of its obligations under this Lease. Upon the first day of the Extension Term (if Tenant exercises its Option to Extend), Tenant shall increase the Security Deposit shall not be considered to an advance payment amount equal to the Basic Monthly Rent during the final year of Rent or a measure of Tenant’s liability for damages in case of the Lease. If Tenant commits any default by Tenant. under this Lease beyond any applicable notice and cure periods, Landlord may, from time to time, without prejudice to any other remedyat its election, use the Security Deposit to the extent necessary cure such default, and to make good any arrearages of Rent or compensate Landlord for all damage actually suffered by Landlord which are directly attributable to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodssuch default, including, without limitation, reasonable attorneys' fees and costs incurred by Landlord. Following any such application of the Security DepositUpon demand by Landlord, Tenant shall promptly pay to Landlord on demand the amount so applied in order a sum equal 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 portion of the Security Deposit so used by Landlord will be deemed Landlord, in order 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide maintain the Security Deposit in the form amount set forth in the Principal Lease Provisions. Following the Expiration Date, and within the earlier of a Letter 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 Credit the Security Deposit not used by Landlord, as provided in accordance this Paragraph. Landlord may commingle the Security Deposit with Exhibit “M” attached heretoLandlord's other funds and Landlord will not pay interest on such Security Deposit to Tenant.
Appears in 1 contract
Samples: Modified Gross Office Lease (Bridgepoint Education Inc)
Security Deposit. The Security Deposit (a) In the event that a Person other than Buyer wishes to submit a competing bid to purchase one or more of the Vessels for cash at the Auction pursuant to the Bidding Procedures Order, such Person (a "Competing Bidder") 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 execute the Security Deposit Escrow Agreement with Seller and shall not pay a deposit (the "Security Deposit") equal to 10% Purchase Price allocated to each Vessel bid upon by such Person by wire transfer to an escrow account in the U.S. to 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 established with the Security Deposit Escrow Agent and held pursuant 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 periodsBidding Procedures Order. Following any such application of the Security Deposit, Tenant The Competing Bidder 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 be responsible for all costs 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 fees of the Security Deposit Escrow Agent. Buyer shall not be required to execute a Security Deposit Escrow Agreement or place a Security Deposit.
(b) Upon the termination of this Agreement for any reason other than a breach by Landlord will the Competing Bidder of its obligations hereunder, the Competing Bidder shall 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 or imposes upon a landlord (or its successors) any obligation with respect entitled to the handling or return of security deposits. The the Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to plus any deductions made by Landlord interest earned thereon pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in Escrow Agreement, and the form Parties shall provide joint written instructions to the Security Deposit Escrow Agent to such effect.
(c) In the event of a Letter termination of Credit in accordance the Agreement due to a breach by a Competing Bidder of said Competing Bidder's obligations under this Agreement, the Competing Bidder shall forfeit its Security Deposit (plus any interest earned thereon). The forfeited Security Deposit shall be considered as a portion of the sale proceeds with Exhibit “M” attached heretorespect to one or more of the Vessels (as applicable) and shall be distributed as follows: [One of the following alternatives, as approved by the Court: Alternative A: to the Seller. Alternative B: to satisfy the Allowed Secured Claims, if any, and GE Capital Security Interests pertaining to each Vessel, with the balance, if any, distributed to the Seller.
(d) If a Closing occurs with a Competing Bidder, then at the Closing, the Seller and the Competing Bidder shall provide joint written instructions to the Security Deposit Escrow Agent to release the Security Deposit and Seller shall credit the Security Deposit plus any accrued interest thereon against the Purchase Price paid at Closing.
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Security Deposit. The Security Deposit (a) Tenant shall be deposited deposit concurrently with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Tenant’s execution of this Lease. The , with Landlord the amount set forth in Article 1 as the “Security Deposit shall be held by Landlord, without liability for interest, Deposit” as security for the performance by Tenant of Tenant’s covenants and obligations under the terms of this Lease, it being expressly understood that the Security Deposit shall not Lease to be considered an advance payment of Rent or a measure of Tenant’s liability for damages in case of default performed by Tenant, and not as prepayment of rent. Tenant shall have the right to provide a letter of credit in lieu of cash as provided in Paragraph 3.7(c) below. Tenant hereby grants to 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 a security interest in the Security Deposit, Tenant shall pay including but not limited to Landlord on demand the amount so applied in order to restore the Security Deposit to the amount required hereunder, from time to timereplenishments thereof. 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 apply 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 portion 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 portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any default by Landlord will be deemed Tenant beyond any notice or cure period expressly provided for in this Lease, in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) 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 or imposes upon a landlord (or its successors) any obligation with respect repair damage to the handling Leased Premises, the Building or return of security deposits. The Security Deposit will be released the Common Areas caused or permitted to occur by Tenant and not cured within thirty any applicable notice or cure period expressly provided for in this Lease; (30iii) days of to clean and restore and repair the Leased Premises, the Building or the Common Areas following their surrender of the Premises to Landlord subject to any deductions made by Landlord if not surrendered in the condition required pursuant to the terms provisions of Article 2, (iv) to remedy any other default of Tenant beyond any notice or cure period expressly provided for in this Lease, 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, and (v) to cover any other expense, loss or damage which Landlord may at any time suffer due to Tenant’s default beyond any notice or cure period expressly provided for in this Lease. Notwithstanding anything to the contrary contained hereinIn this regard, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.hereby waives any
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Security Deposit. The Tenant shall deposit with Landlord upon Tenant's execution hereof 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, set forth in Paragraph 1.7 as security for the Tenant's faithful performance by Tenant of Tenant’s covenants and 's obligations under this Lease. If Tenant fails to pay Base Rent or other rent or charges due hereunder, it being expressly understood or otherwise Defaults (as defined in Paragraph 13.1) under this Lease, Landlord may, but shall not be obligated to, use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Landlord or to reimburse or compensate Landlord for any liability, cost, expense, loss or damage (including attorneys' fees) which Landlord may suffer or incur by reason thereof without prejudice to any other remedy provided herein or by law. Tenant acknowledges that the Security Deposit shall is not be considered an advance payment of Rent rent or a measure of Tenant’s liability for Landlord's damages in case of default by Tenant. If Landlord may, from time to time, without prejudice to uses or applies all or any other remedy, use the Security Deposit to the extent necessary to make good any arrearages portion 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 said Security Deposit, Tenant shall pay to within three (3) days after written request therefor, deposit monies with Landlord on demand the amount so applied in order sufficient to restore the said Security Deposit to the full amount required hereunder, from by this Lease. Any time to time. If Landlord transfers its interest in the Complex Base Rent increases during the term of this Lease, Tenant shall upon written request from Landlord, deposit additional monies with Landlord may assign as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the transferee and upon assumption by such transferee of liability for then current Base Rent as the initial Security Deposit, Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Landlord shall have no further liability for the return of such Security Deposit. Upon application of not be required to keep all or any part of the Security DepositDeposit separate from its general accounts. Landlord shall, as required by law after the expiration or earlier termination of the term hereof and after Tenant must upon demand restore has vacated the Security Deposit Premises, return to Tenant (or, at Landlord's option, to the amount required hereunderlast assignee, from time to time. No application if any, of Tenant's interest herein), that portion of the Security Deposit not used or applied by Landlord will be deemed to have cured Tenant’s defaultLandlord. Tenant waives all provisions Unless otherwise expressly agreed in writing by Landlord, no part of Laws, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit shall be considered to be held in the form of a Letter of Credit in accordance with Exhibit “M” attached heretotrust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Tenant under this Lease.
Appears in 1 contract
Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon Tenant’s execution of this Lease. The , Tenant shall deliver to Landlord, as a Security Deposit shall be held by Landlord, without liability for interest, as security for the performance by Tenant of Tenant’s covenants and its 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 amount specified in case of the Basic Lease Information. If Tenant is in default by Tenant. beyond applicable notice and cure periods, Landlord may, from time but without obligation to time, without prejudice to any other remedydo 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 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 to the amount initially deposited with Landlord. Within thirty (30) days after the termination of this Lease, Landlord shall return the Security Deposit to the extent necessary Tenant, less such amounts as are reasonably necessary, as determined solely by Landlord, to make good any arrearages of Rent remedy Tenant’s default(s) hereunder or to satisfy any other covenant or obligation of Tenant hereunder following otherwise restore the expiration of any applicable cure periodsPremises to as clean and safe condition as at the Commencement Date, reasonable wear and tear casualty and condemnation excepted. Following any such application If the cost to restore the Premises exceeds the amount of the Security Deposit, Tenant shall pay promptly deliver to Landlord on demand the amount so applied in order any and all of such excess sums as reasonably determined by Landlord. Landlord shall not be required to restore keep the Security Deposit separate from other funds, and, unless otherwise required by law, Tenant shall not be entitled 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 on the Security Deposit, Landlord . In no event or circumstance shall Tenant have no further liability for the return of such Security Deposit. Upon application of all or right to 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 use of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant waives all provisions of Lawsand, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained hereinspecifically, Tenant shall provide may not use the Security Deposit in the form of as a Letter of Credit in accordance with Exhibit “M” attached heretocredit or to otherwise offset any payments required hereunder, including, but not limited to, Rent or any portion thereof.
Appears in 1 contract
Samples: Lease Agreement (Synplicity Inc)
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant You agree 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 deposit the Security Deposit shall not be considered an advance payment no later than the Commencement Date. Upon the occurrence of Rent or a measure any Event of Tenant’s liability for damages in case of default Default by Tenant. you, 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 arrears of Rent or to satisfy other payments due Landlord hereunder, and any other covenant damage, injury, expense or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such application of the Security Depositliability caused by your default, Tenant shall and you will pay to Landlord on demand the amount so applied in order to restore the Security Deposit to the amount required hereunder, from time to timeits original amount. If Landlord transfers its interest in the Complex during the term of this Lease, Landlord may assign Although the Security Deposit to is the transferee and upon assumption by such transferee property of liability for the Security DepositLandlord, 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 remaining balance of the Security Deposit will be returned to you by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms at such time after termination of this LeaseLease when Landlord has determined that all your obligations under this Lease have been fulfilled. Notwithstanding anything to At the contrary contained herein, Tenant shall provide time the Security Deposit in is due, you will have the form of right to instead tender to Landlord a Letter of Credit in accordance amount equal to the Security Deposit (or such smaller amount which, when added to the cash Security Deposit portion, equals the entire required Security deposit amount) and in such event, references in this Lease to the Security Deposit will include the Letter of Credit and following a draw by Landlord you must pay to the issuer on demand by Landlord any amounts necessary to restore the Letter of Credit to its original amount. Subject to you giving Landlord at least sixty days advance written notice and provided that no uncured Event of Default then exists and if you had previously paid to Landlord the Security Deposit, you will have the right to substitute a Letter of Credit in amount equal to the Security Deposit and upon Landlord’s acceptance of the Letter of Credit, Landlord will thereafter promptly refund the Security Deposit to you. In such event, references in this Lease to the Security Deposit will mean the Letter of Credit and following a draw you must pay to the issuer on demand by Landlord any amounts necessary to restore the Letter of Credit to its original amount. If at anytime the issuer of the Letter of Credit is declared insolvent by the FDIC or any successor in interest to the FDIC or if the issuer is placed in receivorship or files for bankruptcy protection or closes for any reason, you must immediately deliver to Landlord a replacement Letter of Credit from a financial institution reasonably acceptable to Landlord. Landlord is currently holding a cash security deposit under the Prior Lease (the lease that was assigned from Childnet, Inc.) in the amount of $36,042.00 which will be transferred to this Lease as of the Commencement Date and applied to the Security Deposit. The balance of the Security Deposit in excess of the foregoing will be paid by you to Landlord with Exhibit your signing of this Lease. Landlord is currently holding a Letter of Credit under the Prior Lease (the January 31, 2006 lease) in the amount of $25,000.00 (the “M” attached heretoExisting L/C”). Immediately following the Commencement Date, Landlord will return the Existing L/C to you for surrender to the issuer and the Existing L/C will no longer serve as security for your obligations under this Lease.
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Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the Within ten (10) days of mutual execution and delivery by Tenant to Landlord of this Lease. The , Tenant agrees to deposit with Landlord a letter of credit in the amount of$2,014,492.75 on a form reasonably acceptable to Landlord (the “Security Deposit shall be held by Landlord, without liability for interest, as security for Deposit”) to guarantee the payment of rent and the performance by Tenant of Tenant’s covenants all the terms and obligations under provisions of this Lease, Lease Agreement; it being expressly understood acknowledged and agreed that Chase Bank is approved as an issuer of the Security Deposit shall not be considered an advance payment and the form of Rent or a measure letter of Tenant’s liability for damages in case credit attached to this Lease as Exhibit F has been approved by the parties. Upon the occurrence of any default under this Lease Agreement by Tenant. Tenant that continues beyond the expiration of applicable notice and cure periods, Landlord may, from time to time, without prejudice to any other remedy, use the may draw upon said Security Deposit to the extent necessary to make good any arrearages cure such default, whether rent or otherwise. The Security Deposit shall be returned or released to Tenant upon compliance with the terms and provisions of Rent or this Lease Agreement, including, without limitation, Article 18 hereof. Tenant understands that its potential liability under this Lease Agreement is not limited to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such application amount 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 Use of such Security DepositDeposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. Upon application the use of all or any part of the Security DepositDeposit to cure any default of Tenant, Tenant must upon demand restore shall forthwith deposit with Landlord a renewed letter of credit in the full amount of the Security Deposit. In the event of any rightful and permitted assignment of Tenant’s interest in this Lease Agreement, the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have cured Tenant’s default. Tenant waives all provisions of Laws, now or hereinafter in force, which restrict no further liability to the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation assignor with respect to the handling or return of security depositsthe Security Deposit. The Provided that on the date that is one year after the Commencement Date Tenant is not in default, and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the letter of credit deposited as a Security Deposit will shall be released reduced by $402,898.56, and references to the “Security Deposit” shall mean such revised amount thereafter. Every 12 months thereafter, provided that on such date Tenant within thirty (30) days is not in default and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the surrender letter of the Premises to Landlord subject to any deductions made credit deposited as a Security Deposit shall be further reduced by Landlord pursuant an additional $402,898.56, and references to the terms of this Lease. Notwithstanding anything to the contrary contained herein“Security Deposit” shall mean such revised amount thereafter, Tenant shall provide until such amount reaches $0.00, at which time the Security Deposit letter of credit shall be released. Should a default exist at the time of the applicable reduction, such reduction shall be held in abeyance until such time as the form default is cured and no other default exists or occurrence or condition then exists for which notice has been given and, with the passage of a Letter time, would constitute an event of Credit in accordance with Exhibit “M” attached heretodefault under this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (SomaLogic, Inc.)
Security Deposit. The Tenant shall deposit with Landlord upon execution hereof the nonrefundable 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 faithful performance of its obligations under this Lease. If Tenant fails to pay Rent, it being expressly understood that the or otherwise defaults under this Lease, Landlord may use, apply or retain all or any portion of said Security Deposit shall not be considered an advance for the payment of Rent or a measure of Tenant’s liability for damages in case of default by Tenant. any amount due 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 reimburse or compensate Landlord for any other covenant liability, expense, loss or obligation of Tenant hereunder following the expiration of damage which Landlord may suffer or incur by reason thereof. If Landlord uses or applies all or any applicable cure periods. Following any such application portion of the Security Deposit, Tenant shall pay to within ten (10) days after written request therefor deposit monies with Landlord on demand the amount so applied in order sufficient to restore said Security Deposit to the full amount required by this Lease. 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 to increase the Security Deposit to the amount required hereunderextent necessary, from time in Landlord’s reasonable judgment, to timeaccount for any increased wear and tear that the Premises may suffer as a result thereof. 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 transfers its interest in the Complex during the term of this Lease, Landlord may assign as shall be sufficient to cause the Security Deposit to the transferee and upon assumption by be at a commercially reasonable level based on such transferee of liability for change in financial condition. Landlord shall not be required to keep the Security Deposit, Landlord shall have no further liability for the return of such Security DepositDeposit separate from its general accounts. Upon application of all or any No part of the Security DepositDeposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of under this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 1 contract
Samples: Commercial Lease (Body & Mind Inc.)
Security Deposit. Prior to the Effective Date of this Lease, Tenant shall post a security deposit with Town equal to three (3) monthly installments of Rental (the "Security Deposit"). The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with serve as security for the delivery by payment of all sums due to Town and shall also secure the performance of all obligations of Tenant to Landlord of this LeaseTown. The Security Deposit shall be held by Landlordeither in the form of a clean, without liability for interest, as security for Irrevocable Letter of Credit ("Letter of Credit") or a Surety Bond ("Bond") in form and substance satisfactory to Town. In the performance event of any failure by Tenant to pay any rentals or charges when due or upon any other failure to perform any of Tenant’s covenants and its obligations or other default under this Lease, it being expressly understood then in addition to any other rights and remedies available to Town at law or in equity, Town shall be entitled to draw on the Security Deposit and apply same to all amounts owed. Upon notice of any such draw, Tenant shall immediately replace the Security Deposit with a new Letter of Credit or Bond in the full amount of the Security Deposit required hereunder. Tenant shall promptly increase the amount of the Security Deposit to reflect any increases in the Rental payable hereunder; provided, however, if the amount of required Security Deposit increase resulting from adjustment of the Rental is less than fifteen percent (15%) of the amount of Security Deposit currently held, no increase in the Security Deposit shall be required. The Security Deposit shall be kept in full force and effect throughout the Term of this Lease and any extension thereof and for a period of six (6) months after the termination of this Lease. Not less than forty-five (45) days prior to any expiration date of a Letter of Credit or Bond, Tenant shall submit evidence in form satisfactory to Town that such security instrument has been renewed. Failure to renew a Letter of Credit or Bond or to increase the amount of the Security Deposit as required by this Section shall: (a) entitle Town to draw down the full amount of such Security Deposit; and (b) constitute a default of this Lease entitling Town to all available remedies. The Security Deposit shall not be considered an advance payment returned to Tenant until all obligations under this Lease are performed and satisfied. Prior to consent from Town to any assignment of Rent or a measure of Tenant’s liability for damages in case of default this Lease by Tenant. Landlord may, from time Tenant's assignee shall be required to time, without prejudice to any other remedy, use the provide a 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit Town in accordance with Exhibit “M” attached heretothe terms and conditions of this Section.
Appears in 1 contract
Samples: Development Site Lease Agreement
Security Deposit. The Security Deposit shall be Tenant has deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this LeaseSecurity Deposit in the amount set forth in the Basic Lease Provisions. The Security Deposit shall be held by Landlord, without liability for interest, Landlord as security for the performance and observance by Tenant of all Tenant’s covenants and 's obligations under this Leasehereunder. If the Annual Basic Rent is increased during the Term, it being expressly understood that then, within fifteen (15) days of notification by Landlord of 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 timeincreased Annual Basic Rent, 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 Depositfurther notice, Tenant shall pay to Landlord on demand an additional amount to be held as part of the Security Deposit so that the total Security Deposit held by Landlord is in the same proportion to the increased Annual Basic Rent as the original Security Deposit bore to the original Annual Basic Rent. No interest shall accrue with respect to the Security Deposit. If Tenant performs and observes all of the terms, covenants and conditions of this Lease which are required to be performed and observed by it and pays all sums due Landlord, then Landlord shall return the Security Deposit, or balance thereof then held by Landlord, without interest, to Tenant within two weeks after Landlord recovers and accepts possession of the Premises. If Tenant defaults, Landlord may, at its option and without notice, apply all or any part of the Security Deposit in payment of rent or to cure any other default. If Landlord does so, then Tenant shall, upon notice of such application, deposit with the Landlord the amount so applied in order so that Landlord will have on hand at all times during the Term the full amount of the Security Deposit. Landlord shall not be required to restore hold the Security Deposit as a separate account, but may commingle it with Landlord's other funds. In the event of a sale or other disposition of the Premises, Landlord shall have the right to transfer the Security Deposit to the amount new owner and deliver to Tenant the notice required hereunder, from time to timeby Section 1950.7 of the Civil Code of California. If Landlord transfers its interest in the Complex during the term of this LeaseThereafter, Landlord may assign the Security Deposit to the transferee and upon assumption shall be released by such transferee of liability Tenant from all responsibility for the return of such Security Deposit, Landlord and Tenant shall have no further liability look solely to the new owner for the return of such Security Deposit. Upon application of all or any part of If Tenant assigns this Lease, Tenant's rights in the Security DepositDeposit shall be deemed to be assigned to the assignee, Tenant must upon demand restore such Security Deposit shall be held by Landlord as a Security Deposit made by the assignee and Landlord shall have no further responsibility for the return of the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 1 contract
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 (a) As additional security for the full and prompt performance by Tenant of Tenant’s the terms and covenants and obligations under of this Lease, it being expressly understood that Tenant shall deposit, on the Effective Date of this Lease , with Landlord the Security Deposit Deposit, which shall not be considered an advance payment constitute Rent for any month (unless so applied by Landlord on account of Rent Tenant’s Default) or a measure of Tenant’s liability for damages in case of default damages. Upon a Default by Tenant. Tenant hereunder, Landlord may, from time to timeshall have the right, 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 apply 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 much of the Security Deposit as is necessary to cure such Default or pay any expenses (including, without limitation, reasonable attorney’s fees) incurred as a result of such Default. Tenant shall, upon demand, restore any portion of said Security Deposit applied by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return cure of security depositsany Default by Tenant hereunder. The Landlord shall have the right to commingle the Security Deposit will with the other account(s) of Landlord without any requirement to place same in a segregated account or to pay any interest thereon. To the extent that Landlord has not applied said sum on account of a Default, the Security Deposit shall be released returned (without interest) to Tenant within thirty (30) days following the latest to occur of: (a) the Expiration Date, (b) the payment by Tenant of Tenant’s Share of Operating Expenses for the final year of the surrender Term and any other arrearages of Rent (including Additional Rent) then due, and (c) the date that Tenant surrenders possession of the Demised Premises in accordance with the terms of this Lease.
(b) Notwithstanding the foregoing subsection (a), at Tenant’s option, Tenant may replace the Security Deposit with an unconditional letter of credit (the “Letter of Credit”) in the amount set forth in Section 1(r) (Fundamental Lease Provisions). Upon receipt of the Letter of Credit as set forth above, Landlord shall return any funds held by Landlord as the Security Deposit which are being replaced by the Letter of Credit. If Tenant elects to deliver the Letter of Credit, the Letter of Credit shall be in a form and substance reasonably satisfactory to Landlord, naming Landlord as beneficiary. The Letter of Credit and any renewal Letter of Credit shall be drawn on a bank or trust company satisfactory to Landlord. Upon a Default by Tenant hereunder including but not limited to the failure to timely provide a renewal Letter of Credit to Landlord subject as provided below, Landlord shall have the right to present the Letter of Credit for payment and use, apply or retain the whole or any deductions made part of the proceeds thereof, to cure such Default or pay any expenses (including, without limitation, reasonable attorney’s fees) incurred as a result of such Default. If Landlord shall so use, apply or retain the whole or any part of the proceeds of the Letter of Credit, Tenant shall upon demand by Landlord immediately deposit with Landlord a sum of cash equal to the amount used, applied or retained, as security as aforesaid or a letter of credit (in the form as set forth herein) in said amount, failing which Landlord shall have the same rights and remedies as under this Lease for nonpayment of Rent. To the extent that Landlord has not used, applied or retained the whole or any part of the proceeds of the Letter of Credit, the Letter of Credit, or so much of the proceeds thereof as shall remain after any application pursuant to the terms of this Lease, shall be returned to Tenant within sixty (60) days following the Expiration Date. Notwithstanding anything Tenant agrees to cause the bank to automatically renew the Letter of Credit, in the same form from time to time during the Term, at least thirty (30) days prior to the contrary contained herein, Tenant shall provide expiration of the Security Deposit in the form Letter of Credit or any renewal thereof so that a Letter of Credit issued by the bank to Landlord shall be in accordance force and effect throughout the Term. In the event of any sale, transfer or leasing of Landlord’s interest in the Building, Landlord shall have the right to automatically transfer either the Letter of Credit or any sums collected thereunder without the bank’s consent, together with Exhibit “M” attached heretoany other unapplied sums held by Landlord as security and the interest thereon, if any, to which Tenant is entitled, to the vendee, transferee or lessee, and upon giving notice to Tenant of such fact and the name and address of the transferee, Landlord shall thereupon be released by Tenant from all liability for the return or payment thereof, and Tenant shall look solely to the new owner for the return or payment of same.
(c) Provided Tenant is not then in default and no prior Event of Default shall have occurred, then the Security Deposit shall be reduced to (i) fifty thousand ($50,000.00) Dollars on the second (2nd) anniversary of the Commencement Date, (ii) forty thousand ($40,000.00) Dollars on the third (3rd) anniversary of the Commencement Date, and (iii) the equivalent of two (2) months of Annual Base Rent on the fourth (4th) anniversary of the Commencement Date and thereafter. Should an Event of Default occur subsequent to any reduction, then the Security Deposit shall be as set forth in 1(r) along with such other and additional security as may otherwise expressly be set forth in this Lease, if any, for the remainder of the Term or any Renewal Term hereof.
Appears in 1 contract
Samples: Lease Agreement (Voxware Inc)
Security Deposit. The Security Deposit shall be Xxxxxx has deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord upon signing of this Leaselease a "SECURITY DEPOSIT" to insure the full and faithful performance by Xxxxxx. Landlord may use, apply, or retain all or any portion of the security deposit for any obligation and or liquidated damages upon execution of this lease or any premature termination of this lease; provided, however, that in any such event Landlord may seek redress against Tenant for any such damages suffered by Landlord in excess of the Security Deposit. The Security Deposit or any portion not so used, applied or retained shall be held by Landlord, without liability for refunded to Tenant in accordance with applicable law after termination of the tenancy and delivery of possession of the Premises to Landlord with interest, as if any required by law. Landlord will comply with all applicable law pertaining to the return of the Security Deposit. All security deposits received by RZ Realty are transferred or retained in the owner's account and possession. The Tenant agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the performance by Tenant last month of Tenant’s covenants and obligations under this Lease, it being expressly understood occupancy. In the event that any part of the Security Deposit shall not be considered an advance payment of Rent have been utilized by Landlord in accordance with the terms hereof 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 Depositlaw, Tenant shall pay upon demand immediately deposit with Landlord a sum equal to Landlord on demand the amount so applied in order to restore by Landlord so Landlord shall have the full Security Deposit on hand at all times during the Lease Term including any extension, renewal. Also, Tenant agrees to pay for collection charges incurred by owner for tenant failing to pay their account in full. In the amount required hereunderevent of the sale, from time to time. If transfer or assignment by Landlord transfers of its interest in the Complex during the term Premises of this Lease, Landlord may assign shall have the right to transfer the Security Deposit to the transferee and upon assumption by such transferee of whereupon Landlord shall be released from all liability for the return of the Security Deposit, Deposit and Landlord shall have no further liability for the to 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 be deemed to have cured Tenant’s default. Tenant waives all provisions of Laws, now assignor or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretosub-landlord.
Appears in 1 contract
Samples: Lease Agreement
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, Landlord without liability for interest, interest (except as required by law) and as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the . 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 Tenantdamages. Landlord may, from time to time, without prejudice to any other remedy, use all or a portion of the Security Deposit to the extent necessary to make good any arrearages arrearage of Rent Rent, to repair damages to the Premises, to clean the Premises upon termination of this Lease or otherwise to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodshereunder. 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 its original amount. If Tenant is not in default at the amount required hereundertermination of this Lease, after Tenant surrenders the Premises to Landlord in accordance with this Lease and all amounts due Landlord from time Tenant are finally determined and paid by Tenant or through application of the Security Deposit, the balance of the Security Deposit remaining after any such application shall be returned to timeTenant. If Landlord transfers its interest in the Complex Premises during the term of this LeaseLease Term, Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord thereafter shall have no further liability for the return of such Security Deposit. Upon application of all Tenant agrees to look solely to such transferee or any part assignee for the return of the Security Deposit, Tenant must upon demand restore the Security Deposit to the amount required hereunder, from time to time. No application Landlord and its successors and assigns shall not be bound by any actual or attempted assignment or encumbrance of the Security Deposit by Landlord will be deemed to have cured Tenant, provided, however, if Tenant’s default. Tenant waives all provisions of Lawsinterest in this Lease has been assigned, now or hereinafter in forceLandlord shall, which restrict the amount or types of claim provided that Landlord has been furnished with a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days fully executed copy of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained hereinagreement assigning such Security Deposit, Tenant shall provide return the Security Deposit in the form of a Letter of Credit to such assignee in accordance with Exhibit “M” attached heretothe terms and conditions hereof. If Landlord returns 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 1 contract
Samples: Office Lease Agreement (Correctional Services Corp)
Security Deposit. The Security Deposit shall be deposited Concurrently with Landlord by Tenant contemporaneously with the its execution and delivery by Tenant to Landlord of this Lease, Tenant shall pay Landlord the amount identified as the Security Deposit in the Basic Lease Provisions (hereinafter referred to as “Security Deposit”) as evidence of good faith on the part of Tenant in the fulfillment of the terms of this Lease, which shall be held by the Landlord during the Term of this Lease, or any renewal thereof. Under no circumstances will Tenant be entitled to any interest on the Security Deposit. The Security Deposit shall may be held applied by Landlord, without liability for interestat its sole discretion, as security to any amount owing to the payment of any Rent or any other sum which Tenant has failed to timely pay in accordance with the provisions of this Lease, or for the performance payment of any amount that Landlord may incur by Tenant reason of Tenant’s covenants and obligations under this Leasedefault, it being expressly understood that or to compensate Landlord for any other loss or damage Landlord may suffer by reason of Tenant’s default. If any portion of the Security Deposit shall not be considered an advance payment of Rent is so used 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 Depositapplied, Tenant shall pay to shall, upon demand, deposit cash with Landlord on demand the in an amount so applied in order sufficient 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 specified in the Basic Lease Provisions as may be reduced pursuant to the transferee following terms of this Section, and upon assumption by such transferee Tenant’s failure to do so shall be an event of liability for the Security Deposit, Landlord shall have no further liability for the return of such Security Depositdefault under this Lease. Upon application of all The use 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 or any portion thereof by Landlord shall not (i) prevent Landlord from exercising any other right or remedy provided by this Lease, it being intended that Landlord shall not first be required to proceed against the Security Deposit, or (ii) operate as a limitation on any recovery to which Landlord may otherwise be entitled. If there are no payments to be made from the Security Deposit as set out in this Section, or if there is any balance of the Security Deposit remaining after all payments have been made, the Security Deposit, or such balance thereof remaining, will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released refunded to Tenant within thirty (30) days after fulfillment by Tenant of all obligations hereunder (including payment of the surrender balance of any year-end reconciliation). In no event shall Tenant be entitled to apply the Security Deposit to any Rent due hereunder. In the event of an act of bankruptcy by or insolvency of Tenant, or the appointment of a receiver for Tenant or a general assignment for the benefit of Tenant’s creditors, then the Security Deposit shall be deemed immediately assigned to Landlord. The right to retain the Security Deposit shall be in addition and not alternative to Landlord’s other remedies under this Lease or as may be provided by law and shall not be affected by summary proceedings or other proceedings to recover possession of the Premises to Premises. Upon sale or conveyance of the Building, Landlord subject may transfer or assign the Security Deposit to any deductions made by new owner of the Premises, and upon such transfer all liability of Landlord pursuant for the Security Deposit shall terminate. Landlord shall be entitled to commingle the terms of this LeaseSecurity Deposit with its other funds. Notwithstanding anything herein to the contrary contained hereincontrary, provided Tenant is not in default under this Lease beyond the expiration of any applicable cure period as of the effective date of the reduction of the Security Deposit or as of the date Landlord is required to return such portion of the Security Deposit, Tenant shall have the right to reduce the amount of the Security Deposit by *** and *** ($***) effective as of the first day of the thirteenth (13th) full calendar month of the Term. If Tenant is entitled to a reduction in the Security Deposit, Tenant shall provide Landlord with notice stating that the Security Deposit is required to be reduced as provided above (the “Reduction Notice”). If Tenant provides Landlord with a Reduction Notice, Landlord shall refund the applicable portion of the Security Deposit to Tenant within thirty (30) days after the later to occur of (A) Landlord’s receipt of the Reduction Notice, or (B) the date upon which Tenant is entitled to a reduction in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoSecurity Deposit as provided above.
Appears in 1 contract
Security Deposit. The Contemporaneously with the execution of this Lease, Tenant shall pay to Landlord the Security Deposit (as defined in the Basic Lease Information), which shall be deposited with held by Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord secure Tenant's performance of its obligations under 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 is not be considered an advance payment of Rent or a measure or limit of Tenant’s liability for Landlord's damages upon an Event of Default (as defined in case of default by TenantSection 17). Landlord may, at Landlord's discretion, from time to time, time following an Event of Default and without prejudice to any other remedy, use all or a part of the Security Deposit to the extent necessary perform any obligation Tenant fails to make good any arrearages of Rent perform hereunder or to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsin connection with Landlord's remedies under this Lease. 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 its original amount. Subject to the amount requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time required hereunderby applicable Law, from time return to timeTenant 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. Unless required otherwise by applicable Law, the Security Deposit may be commingled with other funds, and no interest shall be paid thereon. If Landlord transfers its interest in the Complex during the term of this LeasePremises, Landlord may assign the Security Deposit to the transferee and, upon such transfer (and upon assumption the delivery to Tenant of an acknowledgement by such the transferee of liability the transferee's responsibility for the Security Deposit), Landlord thereafter 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will shall be released in the form of a letter of credit and Tenant shall deliver to Tenant Landlord within five (5) days after the date of execution of the Lease an irrevocable, unconditional letter of credit in the amount of Thirty-Five Thousand One Hundred Ninety-Nine and 00/100 ($35,199.00) Dollars (the "LETTER OF CREDIT"). The Letter of Credit shall be addressed to Landlord, issued in a form and substance similar to that attached hereto as Exhibit I and by a financial institution with minimum assets of Ten Billion Dollars ($10,000,000,000.00), upon which presentment may be made in Boston, Massachusetts which is reasonably acceptable to Landlord, shall be freely transferable without fee, and having an expiration date falling no sooner than three (3) years and thirty (30) days after the Commencement Date. Tenant agrees that upon any Event of the surrender of the Premises to Landlord subject to any deductions made Default by Landlord pursuant to Tenant under the terms and provisions of this Lease. Notwithstanding anything , Landlord shall have the right to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a receive payment under any Letter of Credit of the entire amount of such Letter of Credit at such time, and any such amounts received by Landlord shall be held by Landlord and applied in accordance with Exhibit “M” attached heretothis Lease in the same manner as a Security Deposit. Landlord shall at all times during the Term, hold a letter of credit in the amounts described above.
Appears in 1 contract
Samples: Office Lease Agreement (Zix Corp)
Security Deposit. The Tenant shall pay to Landlord, within three (3) business days following the Effective Date, a Security Deposit shall be deposited with Landlord by Tenant contemporaneously with in the delivery by Tenant to Landlord of this Leaseamount specified in the Basic Lease Provisions. The Security Deposit Said amount shall be held by Landlord, without liability for interest, Landlord as security for the faithful performance by Tenant of Tenant’s all of the terms, covenants and obligations under conditions of this Lease to be kept and performed by Tenant during the Term. If Tenant defaults with respect to any provision of this Lease, it being expressly understood including the provisions relating to the payment of Rent, that is continuing beyond the applicable notice and cure period, 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 amount Tenant is obligated to pay; provided, however, Tenant acknowledges that the Security Deposit shall is not be considered an advance payment of Rent or a measure of Tenant’s liability for damages in case damages. If any portion 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 said deposit is so used 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 Depositapplied, Tenant shall pay to shall, within three (3) business days of written demand therefor, deposit cash (which may be made via ACH payment) with Landlord on demand the in an amount so applied in order sufficient to restore the Security Deposit to the its original amount required hereunder, from time and Tenant’s failure to time. If Landlord transfers its interest in the Complex during the term do so shall be a material default of this Lease, . Landlord may assign shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant fully and faithfully performs every provision of this Lease to be performed by it, or cures a default within the transferee applicable notice and upon assumption cure period, or timely reimburses Landlord for a default cured by such transferee of liability for the Security DepositLandlord, 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 or any balance thereof shall 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released returned to Tenant within thirty (30) days of after the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms Expiration Date or earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide provided that Landlord may retain the Security Deposit until such time as (i) any amount due (if any) from Tenant under this Lease (including damages under Civil Code Section 1951.2) has been determined by Landlord in good faith and paid in full, and (ii) permitted by Law. Tenant also hereby consents to Landlord’s application of all or part of the Security Deposit to any post-rejection claims that Landlord may have with respect to Tenant’s obligations under this Lease in any bankruptcy proceeding involving Tenant. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, 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 form 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 this Lease, including all damages or rent due upon termination of this Lease pursuant to Section 1951.2 of the California Civil Code. No trust relationship or fiduciary duty is created between Landlord and Tenant with respect to the Security Deposit, only a relationship of debtor and creditor. Tenant hereby pledges and grants to Landlord a security interest in the Security Deposit to secure the payment and performance of any and all debts, obligations and liabilities of Tenant to Landlord arising out of, connected with or related to this Lease, whether now existing or hereafter arising, voluntary or involuntary, whether jointly owed with others, direct or indirect, absolute or contingent, liquidated or unliquidated, and whether from time to time decreased or extinguished and later increased, created or incurred. Tenant authorizes Landlord to file such financing or continuation statements, and amendments thereto, relating to all or any part of the Security Deposit as Landlord deems necessary. With respect to the Security Deposit, Landlord shall have all the rights, powers and remedies of a Letter secured party under the Uniform Commercial Code. All of Credit the rights, powers and remedies of Landlord under this Lease shall be in accordance with Exhibit “M” attached heretoaddition to all rights, powers and remedies given to Landlord by any statute or rule of Law, or other agreement, shall be cumulative and may be exercised successively or concurrently without impairing or in any way affecting Landlord’s security interest in the Security Deposit.
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the Within ten (10) days of mutual execution and delivery by Tenant to Landlord of this Lease. The , Tenant agrees to deposit with Landlord a letter of credit in the amount of $1,985,507.25 on a form reasonably acceptable to Landlord (the “Security Deposit shall be held by Landlord, without liability for interest, as security for Deposit”) to guarantee the payment of rent and the performance by Tenant of Tenant’s covenants all the terms and obligations under provisions of this Lease, Lease Agreement; it being expressly understood acknowledged and agreed that Chase Bank is approved as an issuer of the Security Deposit shall not be considered an advance payment and the form of Rent or a measure letter of Tenant’s liability for damages in case credit attached to this Lease as Exhibit F has been approved by the parties. Upon the occurrence of any default under this Lease Agreement by Tenant. Tenant that continues beyond the expiration of applicable notice and cure periods, Landlord may, from time to time, without prejudice to any other remedy, use the may draw upon said Security Deposit to the extent necessary to make good any arrearages cure such default, whether rent or otherwise. The Security Deposit shall be returned or released to Tenant upon compliance with the terms and provisions of Rent or this Lease Agreement, including, without limitation, Article 18 hereof. Tenant understands that its potential liability under this Lease Agreement is not limited to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such application amount 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 Use of such Security DepositDeposit by Landlord shall not constitute a waiver, but is in addition to any other remedies available to Landlord under this Lease Agreement and under law. Upon application the use of all or any part of the Security DepositDeposit to cure any default of Tenant, Tenant must upon demand restore shall forthwith deposit with Landlord a renewed letter of credit in the full amount of the Security Deposit. In the event of any rightful and permitted assignment of Tenant’s interest in this Lease Agreement, the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will shall be deemed to be held by Landlord as a deposit made by the assignee, and Landlord shall have cured Tenant’s default. Tenant waives all provisions of Laws, now or hereinafter in force, which restrict no further liability to the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation assignor with respect to the handling or return of security depositsthe Security Deposit. The Provided that on the date that is one year after the Commencement Date Tenant is not in default, and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the letter of credit deposited as a Security Deposit will shall be released reduced by $397,101.44, and references to the “Security Deposit” shall mean such revised amount thereafter. Every 12 months thereafter, provided that on such date Tenant within thirty (30) days is not in default and no occurrence or condition then exists for which notice has been given and, with the passage of time, would constitute an event of default under this Lease Agreement, then the amount of the surrender letter of the Premises to Landlord subject to any deductions made credit deposited as a Security Deposit shall be further reduced by Landlord pursuant an additional $397,101.44, and references to the terms of this Lease. Notwithstanding anything to the contrary contained herein“Security Deposit” shall mean such revised amount thereafter, Tenant shall provide until such amount reaches $0.00, at which time the Security Deposit letter of credit shall be released. Should a default exist at the time of the applicable reduction, such reduction shall be held in abeyance until such time as the form default is cured and no other default exists or occurrence or condition then exists for which notice has been given and, with the passage of a Letter time, would constitute an event of Credit in accordance with Exhibit “M” attached heretodefault under this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (SomaLogic, Inc.)
Security Deposit. Landlord acknowledges that it currently holds a security deposit under the Prior Lease (the “Existing Deposit”), which the parties agree is currently Thirty-Five Thousand Dollars ($35,000.00). Concurrent with its execution of this Lease, Tenant shall deliver to Landlord. , in immediately available funds, an amount equal to the difference between the Existing Deposit and the amount of the Security Deposit required by Section 1.1(10) above. Tenant acknowledges and agrees that the Existing Deposit shall be available to Landlord as part of the Security Deposit required under this Lease and that upon the expiration or earlier termination of the Prior Lease, the Existing Deposit shall be retained by Landlord in partial satisfaction of the Security Deposit required hereunder. The Security Deposit may be applied by Landlord to cure, in whole or part, any default of Tenant under this Lease, and upon notice by Landlord of such application, Tenant shall be deposited with Landlord replenish the Security Deposit in full by Tenant contemporaneously with the delivery by Tenant paying to Landlord within ten (10) days of demand the amount so applied. Landlord’s application of the Security Deposit shall not constitute a waiver of Tenant’s default to the extent that the Security Deposit does not fully compensate Landlord for all losses, damages, costs and expenses incurred by Landlord in connection with such default and shall not prejudice any other rights or remedies available to Landlord under this LeaseLease or by Law. Landlord shall not pay any interest on the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its general accounts. 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 deemed an advance payment of Rent or a measure of Tenant’s liability damages for damages in case of any default by Tenant under this Lease, nor shall it be a bar or defense of any action that Landlord may at any time commence against Tenant. In the absence of evidence satisfactory to Landlord mayof an assignment of the right to receive the Security Deposit or the remaining balance thereof, from time to time, without prejudice to any other remedy, use Landlord may return the Security Deposit to the extent necessary original Tenant, regardless of one or more assignments of this Lease. Upon the transfer of Landlord’s interest under this Lease, Landlord’s obligation to make good any arrearages of Rent or Tenant with respect to satisfy any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periods. Following any such application Security Deposit shall terminate upon transfer to the transferee of the Security Deposit, or any balance thereof. If Tenant shall pay to Landlord on demand fully and faithfully comply with all the amount so applied in order to restore the Security Deposit to the amount required hereunderterms, from time to time. If Landlord transfers its interest in the Complex during the term provisions, covenants, and conditions 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 Depositbalance thereof, 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 shall 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released returned to Tenant within thirty (30) days after Landlord recovers possession of the surrender Premises. Tenant hereby waives any and all rights of Tenant under the provisions of Section 1950.7 of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoCalifornia Civil Code or other Law regarding security deposits.
Appears in 1 contract
Samples: Office Lease (XOMA Corp)
Security Deposit. The Security Deposit Tenant shall be deposited deposit with Landlord on the date this Third Amendment is executed by Tenant contemporaneously with a security deposit in the delivery by Tenant amount of $34,683.98 (the "Security Deposit") to Landlord of this Lease. The Security Deposit shall be held by Landlord, without liability obligation for interest, as security for the Tenant's performance by Tenant of Tenant’s covenants and obligations under this Leasehereunder, it being expressly understood that the Security Deposit shall is not be considered an advance payment of Rent rental deposit or a measure of Tenant’s liability for Landlord's damages in case of Tenant's default. Upon the occurrence of any default hereunder by Tenant. , Landlord may, from time to time, without prejudice to any other remedyremedy provided herein or by law, use the Security Deposit to the extent necessary to make good pay any arrearages of arrears in Rent or to satisfy and any other covenant damage, injury, expense (including legal expenses) or obligation liability caused by such default. If any or all of such Security Deposit is so used, Tenant hereunder agrees promptly following the expiration of any applicable cure periodsdemand by Landlord to restore such Security Deposit to its original amount. Following any such application Landlord also may require Tenant to provide Landlord with an additional amount to be held as part of the Security DepositDeposit if Tenant commits a default or if the Lease is modified. Tenant agrees that it will not assign or encumber or attempt to assign or encumber the monies deposited with Landlord as the Security Deposit and that Landlord and its successors and assigns shall not be bound by any such actual or attempted assignment or encumbrance. The Security Deposit shall be Landlord's property. If Tenant is not then in default hereunder, any remaining balance of such Security Deposit shall be returned by Landlord to Tenant within a reasonable time (not to exceed sixty days) after the Expiration Date, or otherwise in compliance with applicable laws, provided that Tenant has fully and timely performed its obligations under this Lease, less the cost of restoring the Premises to its original condition, normal wear and tear excluded. If Landlord sells or transfers the Premises, or a substantial part thereof, Landlord shall pay have the right to Landlord on demand the amount so applied in order to restore the transfer such Security Deposit to the amount required hereundertransfee, and Landlord shall be thereupon released 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 all liability for the Security Deposit, Landlord shall have no further liability for the return of such Security Deposit, and Tenant shall look solely to such transferee for the return and thereof. Upon application Additionally, Landlord acknowledges receipt of all or any part a calendar year 2003 Operating Expense reconciliation credit in the amount of $45,818.85 (the "Secondary Security Deposit, Tenant must upon demand restore ") (the Security Deposit and Secondary Security Deposit shall be referred to collectively herein as the amount required "Security Deposit") to be held by Landlord, without obligation for interest, as security for Tenant's performance hereunder, from time to time. No application of it being expressly understood that the Security Deposit by Landlord will be deemed to have cured is not an advance rental deposit or measure of Landlord's damages in case of Tenant’s 's default. Tenant waives all All of the terms and provisions set forth in the above paragraph of this Section 8, shall apply to the Secondary Security deposit, except as otherwise noted below. Notwithstanding any of the foregoing provisions of Lawsthis Section 8, now upon the occurrence of any default hereunder by Tenant from July 1, 2004 through June 30, 2007, Landlord may, without prejudice to any other remedy provided herein or hereinafter in forceby law, which restrict use the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released and/or Secondary Security Deposit (at Landlord's sole discretion) to pay any arrears in Rent and any other damage, injury, expense (including legal expenses) or liability caused by such default. Commencing July 1, 2007, provided that Tenant within thirty (has fully and timely performed its obligations under this Lease and there has not been an occurrence of any default hereunder by Tenant from July 1, 2004 through June 30) days of , 2007, then the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the entire unused Secondary Security Deposit in the form amount of $45,818.85 shall not be refunded to Tenant, but shall be credited against Tenant's next accruing months' Base Rental payments. Prior to July 1, 1007, if any or all of the Secondary Security Deposit is used by Landlord as provided herein, Tenant agrees: (a) promptly following demand by Landlord to restore such Secondary Security Deposit to its original amount, (b) no portion of the Secondary Security Deposit shall be available to Tenant as a Letter credit against any Base Rental due and owing to Landlord under the Lease as set forth in the immediately preceding sentence of Credit in accordance with Exhibit “M” attached heretothis paragraph, and (c) no portion of the Secondary Security Deposit shall be available for refund to Tenant until after the Expiration Date.
Appears in 1 contract
Security Deposit. The Contemporaneously with the execution of this Lease, Tenant shall pay to Landlord the Security Deposit Deposit, which shall be deposited with held by Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord secure Tenant's performance of its obligations under 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 is not be considered an advance payment of Rent or a measure or limit of Tenant’s liability for Landlord's damages upon an Event of Default (defined in case of default by TenantSection 17). Landlord may, from time to time, time following an Event of Default and without prejudice to any other remedy, use all or a part of the Security Deposit to the extent necessary perform any obligation Tenant fails 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 periodsperform hereunder. 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 its original amount. Provided that Xxxxxx has performed all of its obligations hereunder, from time Landlord shall, within thirty (30) days after the Term ends, return to timeTenant 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 Complex during Premises and the term of transferee assumes Landlord's obligations under this Lease, then Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord thereafter shall have no further liability for the return of such the Security Deposit. Upon application In lieu of all or any part of the a cash Security Deposit, Landlord may, in it sole discretion, require Tenant must upon demand restore to deliver, simultaneously with the execution and delivery of this Lease, an irrevocable and unconditional standby letter of credit made payable to Landlord, its successors and assigns, in the sum equal to the Security Deposit (the "LETTER OF CREDIT"), substantially in the form of the sample letter of credit attached hereto as EXHIBIT G or in such other form as is reasonably acceptable to Landlord, drawn on a domestic commercial bank located in Boston acceptable to Landlord, which shall secure the performance by Tenant of all obligations on the part of Tenant hereunder. The issuer of the Letter of Credit shall be a banking institution with at least a rating of A and otherwise reasonably acceptable to Landlord. Although Landlord shall only have the right to draw under the Letter of Credit as set forth herein, under the terms of the Letter of Credit, the sole condition to Landlord's draw upon the Letter of Credit shall be presentment to the amount required hereunderissuer thereof, from time prior to time. No application or on the expiration date, of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security depositsdemand for payment. The Security Deposit will Letter of Credit shall be released self-renewing from year to Tenant within year during the Term of this Lease so as to expire no earlier than thirty (30) days following the Lease expiration date and shall contain such other customary terms as Landlord requires in its reasonable discretion. It is agreed: (i) that the Letter of Credit may be drawn upon to cure any Event of Default that may exist, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon Xxxxxxxx's demand, Tenant shall reimburse the issuer for the amount so drawn so that the Letter of Credit will be restored to its original amount; (ii) subject to the provisions of clause (iv) below, that the Letter of Credit may be drawn upon if the Letter of Credit has not been extended or renewed without amendment at least forty-five (45) days prior to any then-current expiration date thereof; (iii) that if the rating of the surrender issuer of the Premises Letter of Credit at any time drops below A, then, within sixty (60) days of Landlord's demand, Tenant shall replace the Letter of Credit with another Letter of Credit in a form reasonably acceptable to Landlord subject and with an issuer with a rating of at least an A and otherwise reasonably acceptable to any deductions made by Landlord; Landlord pursuant may draw on the existing Letter of Credit if, after Landlord requests that Tenant replace the Letter of Credit as aforesaid, Landlord is not provided with a substitute Letter of Credit in a form, and from an issuer, satisfactory to Landlord as provided above upon the earlier of (x) the expiration of said sixty-day period or (y) at least forty-five (45) days prior to the terms then-current expiration date of the Letter of Credit; (iv) if at any time, but in any event, at least sixty (60) days prior to the expiration of the Letter of Credit, Tenant may seek Landlord's consent to switch issuers of the Letter of Credit provided the prospective issuer has a rating of at least an A and is otherwise reasonably acceptable to Landlord and the new form of Letter of Credit satisfies the requirements of Landlord hereunder and is otherwise reasonably acceptable to Landlord; Landlord may draw on the existing Letter of Credit if, after Tenant requests Xxxxxxxx's consent to switch issuers as aforesaid, Landlord is not provided with a substitute Letter of Credit in a form, and from an issuer, satisfactory to Landlord in its sole and absolute discretion at least forty-five (45) days prior to the then-current expiration date of the Letter of Credit; (v) that should the Premises be conveyed by Landlord, the Letter of Credit or any portion thereof shall be assigned to Landlord's grantee, and if the same be assigned as aforesaid, Tenant shall pay for any transfer fees charged by the issuer and hereby releases Landlord from any and all liability with respect to the Letter of Credit and its application or return, and Xxxxxx agrees to look to such grantee for such application or return, provided such grantee assumes Landlord's obligations under this Lease (including this Section 6); and (vi) that the Letter of Credit shall be returned to Tenant upon the later of (a) thirty (30) days after the expiration of the Term or any 11 renewal or extension thereof, or (b) the date Tenant has vacated the Premises and surrendered possession thereof to Landlord at the expiration of the Term or any extension thereof as provided herein and has paid Landlord all sums due and owing under this Lease. Notwithstanding anything to the contrary contained hereinIf Tenant initially provides Landlord with a cash Security Deposit, Tenant shall provide the may replace such cash Security Deposit in the form of with a Letter of Credit in accordance with Exhibit “M” attached heretothe provisions of the preceding paragraph. Upon Xxxxxxxx's receipt of a Letter of Credit satisfying the terms and conditions of the preceding paragraph, Landlord shall promptly return the cash Security Deposit to Tenant. For the purposes of this Section 6, a rating of at least A (or its equivalent) shall mean that such issuer has a rating of at least A (or its equivalent) from two (2) of the following four (4) rating agencies: Fitch Investors Service, Xxxxx'x Investor Service, Standard & Poor's Corporation and Duff & Xxxxxx.
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited with Tenant hereby agrees to pay to Landlord a security deposit 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 contemporaneously with (the delivery by Tenant to Landlord “Security Deposit”). Upon the occurrence of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, as security for the performance by Tenant any Event 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 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 arrears of Rent Base Rental or to satisfy Additional Rental or any other covenant payment obligation hereunder, including, but not limited to, the cost of any damage, injury, expense, or obligation liability caused by any Event of Default by Tenant hereunder following hereunder. Any remaining balance of the Security Deposit shall be returned by Landlord to Tenant within a reasonable 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 applicable cure periodsinterest on the Security Deposit, and Landlord may commingle the same with other monies of Landlord. Following In the event Landlord applies the Security Deposit or any portion thereof to the payment of any sum described above and this Lease is not terminated, Tenant shall immediately deposit with Landlord an amount of money equal to the amount so applied, and such amount shall be deemed to be part of the Security Deposit. In the event of a sale or transfer of Landlord’s interest in the Premises, Landlord shall have the right to transfer the Security Deposit to the purchaser or lessor, as the case may be, and upon any such application transfer and acknowledgement of receipt of Security Deposit by such transferee, Landlord shall be relieved of all liability to Tenant for the return of the Security Deposit, and Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit look solely 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 new owner or lessor 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 1 contract
Samples: Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Security Deposit. The Concurrently with the execution of this Amendment by each of the parties, Tenant shall deposit a check in the sum of $49,500.00 (the “Security Deposit shall be deposited Deposit”) with Landlord as security for the faithful performance and observance by Tenant contemporaneously with of the delivery by Tenant to Landlord terms, covenants and conditions of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, as security for the performance If (a) a material default by Tenant of Tenant’s covenants and obligations under this Lease(as set forth in Paragraph 22(a)), 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 (b) Tenant fails to make good any arrearages installment 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 Leaserent as and when due, Landlord may assign apply or retain 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 whole or any part of the Security Deposit, to the extent required for the payment of any Monthly Base Rent or any other sum as to which Tenant must upon is in default including (i) any sum which Landlord may expend or 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, within 10 days of a written demand restore from Landlord, shall deposit with Landlord an amount so applied or retained so that Landlord shall have the full Security Deposit on hand at all times during the Term. If Tenant complies with all of the terms, covenants and conditions of the Lease as amended hereby, the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will shall 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released returned to Tenant within thirty (30) 30 days of the surrender Expiration Date and after delivery of possession of the Premises to Landlord subject to in the manner required by the Lease (as amended hereby). Within 30 days of any deductions made by sale or other transfer of the Project or the Building, or any financing of Landlord’s interest therein, Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide transfer the Security Deposit in to its successor, transferee or lender (including any new landlord). Tenant shall look solely to the form new landlord, successor, transferee or lender for the return of a Letter such Security Deposit and the provisions hereof shall apply to every transfer or assignment made of Credit in accordance with Exhibit “M” attached heretothe Security Deposit to any new landlord, successor, transferee or lender. Tenant shall not assign or encumber or attempt to assign or encumber the Security 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
Samples: Lease (Supergen Inc)
Security Deposit. The Landlord acknowledges the receipt from Tenant of $37,919.79 (the "Security Deposit Deposit"), which shall be deposited with held by Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord secure Tenant's performance of its obligations under 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 is not be considered an advance payment of Rent or a measure or limit of Tenant’s liability for Landlord's damages upon an Event of Default (defined in case of default by TenantSection 16). Landlord may, from time to time, time and without prejudice to any other remedy, use all or a part of the Security Deposit to the extent necessary perform any obligation Tenant fails 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 periodsperform hereunder. 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 its original amount. Provided that Tenant has performed all of its obligations hereunder, from time Landlord shall, within 30 days after the Term ends, return to timeTenant 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 Complex during Premises and the term of transferee assumes Landlord's obligations under this Lease, then Landlord may assign the Security Deposit to the transferee and upon assumption by such transferee of liability for the Security Deposit, Landlord thereafter shall have no further liability for the return of such the Security Deposit. Upon application of all or any part of the Security DepositIf requested by Tenant in writing, Tenant must upon demand restore Landlord shall invest the Security Deposit to the amount required hereunderin a certificate of deposit purchased by Landlord, in its name, from time to time. No application a national banking association provided that income accruing on the certificate of the Security Deposit by Landlord deposit will be deemed to have cured Tenant’s defaultfor the benefit of Tenant and Tenant shall pay all taxes thereon. Tenant waives While no Event of Default exists, all provisions income earned on the certificate of Laws, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will shall be released paid to Tenant within thirty (30) days promptly after receipt thereof; however, while an Event of the surrender of the Premises Default exists, all such income shall be paid to Landlord subject to any deductions made and held as an additional security deposit. Additionally, upon an Event of Default, Landlord may withdraw all amounts evidenced by Landlord the certificate of deposit and thereafter hold and apply such amounts pursuant to the terms of this LeaseSection 5. Notwithstanding anything to To the contrary contained hereinextent Tenant has any interest in the certificate of deposit, Tenant shall provide the Security Deposit in the form of hereby grants to Landlord a Letter of Credit in accordance with Exhibit “M” attached heretosecurity interest therein to secure Tenant's obligations under this Lease.
Appears in 1 contract
Security Deposit. The Upon execution of this Lease, Tenant shall deposit with Landlord, the sum of Eight Hundred Sixty Eight and 15/100 Dollars ($868.15) ("Security Deposit") as security for its prompt and proper performance of all the terms, covenants and agreements contained in this Lease. Tenant understands, acknowledges and agrees (i) that the Security Deposit is not a prepayment of rent; (ii) that Landlord shall not be obligated to apply the Security Deposit to any unpaid Rent or portion thereof, although it may do so at its option; (iii) that the Security Deposit does not constitute a trust fund; (iv) that the Security Deposit may be deposited in any account including an interest bearing account maintained by Landlord, in any bank or depository selected by Landlord, and commingled with Landlord's other funds; and (v) that Landlord shall have no obligation to pay interest on the Security Deposit and Tenant shall have no right to recover from Landlord and Landlord shall have no obligation to account to Tenant for any interest, earnings or other increments which may accrue during the time the Security Deposit is held by Tenant contemporaneously with the delivery by Tenant to Landlord of Landlord, except as otherwise specifically provided in this Lease. The Security Deposit shall be held by Landlord, without liability for interest, Landlord as security for the performance by Tenant of all of Tenant’s '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 arrearage of Rent or to satisfy any other covenant or obligation of the Tenant hereunder following the expiration of any applicable cure periodshereunder. 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 its original amount. If Tenant is not in default at the amount termination of this Lease and has paid in full all Rent and prorations and assuming Landlord is not required hereunderto make repairs to the Leased Premises caused by Tenant's vacating or by extraordinary wear and tear, from time or remove any then existing leasehold improvements, then the balance of the Security Deposit remaining after any such application shall be returned by Landlord to timeTenant. If Landlord transfers its interest in the Complex Leased Premises 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 thereafter 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 1 contract
Security Deposit. The Security Deposit Tenant shall pay to Landlord a good-faith deposit in the amount of $ . Parties agree that this entire lease agreement is null and void until good-faith deposit is paid to Landlord. This good-faith deposit shall be retained by Landlord as damages if Tenant (a) fails to submit a properly executed & notarized co-signer responsibility form by an income-earning adult family member or friend within seven days of signing this lease agreement and (b) fails to follow through and lease the Premises according to the terms of this lease agreement. The good- faith deposit shall convert into the Tenant’s security deposit after 1st month’s rent is paid. Landlord shall hold deposit as security for the protection of the Premises from any damages, to be deposited with Landlord by into an account at Bank of Lexington, 000 Xxxxxxxxx Xxxxx, Xxxxxxxxx, XX 00000 in account #200-5360, and as security for Tenant’s other obligations under this Lease (“Security Deposit”). Tenant contemporaneously with the delivery by Tenant shall be responsible to Landlord for a minimum turnover fee of $150 in all cases, which shall be payable out of the Security Deposit. This minimum turnover fee represents an advance cleaning fee for cleaning the Premises upon expiration of this Leaselease. The cleaning fee is only for normal maid service and normal professional carpet cleaning. Any additional services needed to clean the unit further will be taken out of the Security Deposit. Tenant shall not be entitled to any interest that may accrue on the Security Deposit. The Security Deposit shall bear no interest. Landlord 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 entitled to co-mingle the Security Deposit with Landlord’s other funds in said account above. If the Premises is rented to more than one person, Tenants agree to work out the details concerning division of any refund among themselves. Landlord may pay the refund to any individual identified as “Tenant” on page 1 of this lease, and in doing so, satisfies its legal obligation for return of the deposit. Tenant shall clean Premises, paying particular attention to the stove, refrigerator, bathrooms, and walls. Premises must be in equal or better condition than at the time of occupancy. Move-in inspection sheet will determine condition. All debris, rubbish, and discards are removed and placed in dumpster. No stickers, scratches, or holes in walls, ceilings, or floors. Tenant must return all apartment & mailbox keys to Landlord. There is a $50 charge per key that is not be considered an advance payment of Rent or returned upon moving out. If Tenant fails to perform as stated above, and Landlord is forced to clean and/or repair premises and/or to restore the Premises to a measure of rentable condition, then Landlord shall have the right to charge the fees and amounts specified within this lease agreement to clean, repair and/or restore the Premises, and to retain Tenant’s liability Security Deposit according to the fee schedules set forth herein. Although Landlord may assess these charges against the Security Deposit, nothing in this section shall prohibit landlord from fixing or otherwise repairing damage caused by Tenant and invoicing Tenant for said amounts, plus reasonable charges for Landlord’s time and expense, on a monthly basis. If the Premises are not left in the same or substantially the same condition as reflected in the move-in inspection form, Tenant shall be responsible to Landlord for all charges set forth herein for administrative work, cleaning, painting, and other damages in case to the Premises at the end of default the Lease Term, which shall be due and payable by Tenant. Tenant to Landlord may, from time to time, without prejudice to any other remedy, use at the end of the Term and payable out of the remainder of the Security Deposit (less the minimum turnover fee and minimum painting fee provided for above and herein). Landlord and Tenant acknowledge that the Uniform Residential Landlord and Tenant Act (“Act”) (Fayette County Ordinance #98-84 / KRS 383), in its definition of security deposit, makes mention of “damage” and “ordinary wear and tear” but does not explicitly define either concept. Landlord and Tenant further acknowledge that the Act fails to even offer examples of what findings constitute “damage” and “ordinary wear and tear.” In light of such ambiguity / lack of clarity, Landlord and Tenant desire to avoid potential dispute at the end of the lease term, specifically with respect to the extent necessary Premises’ interior paint, regarding what findings fall within the undefined concept of “ordinary wear and tear” and what findings cross the threshold beyond “ordinary wear and tear.” Thus, Landlord and Tenant agree in advance that, specifically with respect to make good any arrearages the Premises’ interior paint, the following graduated painting fee schedule shall be utilized at the end of Rent the lease term rather than trying to determine wall by wall and room by room what conditions constitute “ordinary wear and tear.” Tenant shall be responsible to Landlord for a minimum painting fee $100 if length of tenancy is one year or less, $175 if tenancy is between one and two years, and $250 if tenancy is greater than two years. In all cases, the minimum painting fee as set forth above shall be payable out of the Security Deposit. Should Tenant be responsible for damage and/or loss of value to satisfy any other covenant or obligation the Premises greater than the value of Tenant hereunder following the expiration of any applicable cure periods. Following any such application remainder of the Security Deposit, less the minimum turnover fee and minimum painting fee provided for above, Tenant shall pay agrees to make payment 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 for such loss within fourteen (14) days after presentation of a xxxx by 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 damage and/or loss. The Security Deposit, Landlord shall have no further liability less the minimum turnover fee and minimum painting fee provided for the return of such Security Deposit. Upon application of all above, less any charges if applicable as set forth above and herein, less rent or other late fees or other charges due and owing, and less any part of the Security Depositunpaid utilities, Tenant must upon demand restore the Security Deposit is to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant refunded within thirty (30) days of after Tenant vacates the surrender of Premises, provided no damage occurs, the Premises to Landlord subject to any deductions made by Landlord pursuant to have been left in good condition, appearance and repair, and all of the terms of this Lease have been fulfilled. Any unpaid late fees, return-check charges, or other fees or charges accumulated over the period of this or any prior Lease on this property by this Tenant, at Landlord’s sole discretion, and without notice by Landlord and without Landlord waiving the right to collect such fees monthly or at the termination of the Lease, may be deducted by Landlord from the Security Deposit at the termination of the Lease instead being collected monthly from Tenant. Notwithstanding anything Tenant authorizes the release of the Security Deposit to Landlord for satisfaction and payment of any and all expenses incurred by Landlord due to Tenant’s non-compliance with the terms and conditions of this Lease, as well as any late fees not paid in advance by Tenant. Once Tenant notifies Landlord of intent to not renew lease agreement, Tenant agrees to show Premises to prospective renters for Landlord over the last 90 days of the lease agreement. Tenant gives Landlord authorization to share contact information (e-mail and/or phone number) to prospective renters for the purpose of arranging a time to show Premises. Over the last 90 days of lease agreement Tenant agrees to set aside 15 minutes one day / week show Premises to prospective renters. If Tenant fails to cooperate with such showing, then Tenant agrees to forfeit entire security deposit to cover lost rent Landlord will likely incur by not having a renter secured for the Premises after Tenant’s move out. No portion of the deposit may be applied as Rent by Tenant for payment of any rent due to Landlord and the full monthly Rent shall be received in hand on or before the 1st day of every month including the last month of occupancy. Tenant shall submit to Landlord a forwarding address within seven (7) days after vacating the premises for the purpose of returning the deposit or for any other reason that might occur. At least seven (7) days prior to the contrary contained hereinTermination Date, Tenant shall provide schedule a move-out walk through with Landlord, which shall occur after Tenant has vacated the Security Deposit in property. Failure to schedule such walk through or appear for the form move-out walk through shall be deemed a waiver of a Letter Tenant’s right to object to Landlord’s assessment of Credit in accordance with Exhibit “M” attached hereto.damages or costs against Tenant and assessment of the security deposit against such damages or costs; and Tenant shall accept Landlord’s decision of the deposit refund or forfeiture according to the provisions stated herein. Should Tenant be responsible for damage and or loss of value to the premises greater than the value of the deposit, Tenant agrees to make payment to Landlord for such loss within fourteen
Appears in 1 contract
Samples: Lease Agreement
Security Deposit. The Security Deposit shall be deposited Simultaneously with Landlord by Tenant contemporaneously with the Tenant's execution and delivery by Tenant to Landlord of this Lease. The , Tenant shall deliver to Landlord as a Security Deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of Tenant’s covenants and its 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 amount specified in case of the Basic Lease Information. If Tenant is in default by Tenant. hereunder beyond applicable notice and cure periods, Landlord may, from time but without obligation to time, without prejudice to any other remedydo so, use all or any portion of the Security Deposit to cure the extent necessary default or compensate Landlord for all damages sustained by Landlord in connection therewith. Tenant shall, immediately on demand, pay to make good any arrearages Landlord a sum equal to the portion of Rent the Security Deposit so applied or used to satisfy any other covenant or obligation replenish the amount of Tenant hereunder following the Security Deposit held to increase such deposit to the amount initially deposited with Landlord. As soon as practicable after the expiration or termination of any applicable cure periodsthis Lease, Landlord shall return the Security Deposit to Tenant, less such amounts as are reasonably necessary, as determined by Landlord, to remedy Tenant's default(s) hereunder or Tenant's failure to surrender the Premises in the condition required pursuant to Section 10 of this Lease. Following any such application If the cost to restore the Premises exceeds the amount of the Security Deposit, Tenant shall pay promptly deliver to Landlord on demand the amount so applied in order any and all of such excess sums. Landlord shall not be required to restore keep the Security Deposit separate from other funds, and, unless otherwise required by law, Tenant shall not be entitled 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 on the Security Deposit, Landlord . In no event or circumstance shall Tenant have no further liability for the return of such Security Deposit. Upon application of all or right to 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 use of the Security Deposit by Landlord will be deemed to have cured Tenant’s default. Tenant waives all provisions of Lawsand, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained hereinspecifically, Tenant shall provide may not use the Security Deposit in the form of as a Letter of Credit in accordance with Exhibit “M” attached heretocredit or to otherwise offset any payments required hereunder.
Appears in 1 contract
Samples: Lease Agreement (Loudcloud Inc)
Security Deposit. The Security Deposit shall be deposited with delivered to Landlord upon the execution of this Lease by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Security Deposit and shall be held by Landlord, Landlord without liability for interest, interest as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that the obligations. The Security Deposit shall is not be considered an advance payment of Rent or a measure of Tenant’s liability for damages in case of default by Tenantdamages. Landlord may, from time to time, without prejudice to any other remedy, use all or a portion of the Security Deposit to the extent necessary to make good any arrearages of satisfy past due Rent or to satisfy cure any other covenant or obligation of Tenant hereunder following the expiration of any applicable cure periodsuncured default by Tenant. Following any such application of If Landlord uses the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. Landlord shall return any unapplied portion of the amount required hereunder, from time Security Deposit to timeTenant within 30 days after the earlier the date Tenant surrenders possession of the Premises to Landlord in accordance with this Lease or the Expiration Date. If Landlord transfers its interest in the Complex during the term of this LeasePremises, Landlord may shall assign the Security Deposit to the transferee and upon assumption by such transferee of liability for and, following the Security Depositassignment, Landlord shall have no further liability for the return of such the Security Deposit. Upon application of all or any part of the Security Deposit, Tenant must upon demand restore Landlord shall not be required to keep the Security Deposit to the amount required hereunder, separate from time to time. No application of the Security Deposit by Landlord will be deemed to have cured Tenant’s defaultits other accounts. Tenant hereby waives all the provisions of Laws, any Laws now or hereinafter in forceeffect which (i) establish the time frame by which Landlord must refund collateral or security for performance of a tenant’s obligations under a lease, which restrict and/or (ii) provide that Landlord may claim from collateral or security for performance of a tenant’s obligations under a lease only those sums reasonably necessary to remedy defaults in the amount payment of rent, to repair damage caused by Tenant or types of to clean the Premises. In that regard, Tenant agrees that Landlord may, in addition, claim that a landlord may make upon a security deposit those sums specified hereinabove and/or those sums reasonably necessary to compensate Landlord for any loss or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made damage caused by Landlord pursuant to the terms Tenant’s breach of this Lease. Notwithstanding anything to Lease or the contrary contained hereinacts or omission of Tenant or any employee, Tenant shall provide the Security Deposit in the form agent, contractor or invitee of a Letter of Credit in accordance with Exhibit “M” attached heretoTenant.
Appears in 1 contract
Security Deposit. Tenant shall receive a comprehensive Move-‐In and Move-‐Out Inspection Report (The “Inspection Report” -‐ attached hereto as Exhibit “A”) which lists for Tenant’s permanent retention any existing damages. Tenant is entitled to inspect the Residence to ascertain the accuracy of the Inspection Report prior to taking occupancy, and Tenant shall either sign the Inspection Report or state specifically in writing the items listed therein to which Tenant dissents, and Tenant shall sign such statement of dissent. No such written report shall constitute a request for repairs within the meaning of Paragraph 17 of the Lease. Upon Xxxxxx's receipt of the Inspection Report, the Reservation Fee will automatically be converted to a security deposit (the "Security Deposit shall be deposited with Landlord Deposit") in the amount stated above as security for the full and faithful performance and observance by Tenant contemporaneously with the delivery by Tenant to Landlord of each and every term and covenant of this Lease, including, without limitation, the payment of Rent. The Security Deposit is being held in Escrow Account No. 1511070 at The National Bank of Georgia, Athens, Georgia maintained by Agent. Agent may, but is not obligated to, maintain such funds in an interest bearing account. Any interest accruing shall become the property of Agent. In the event of a sale or other conveyance of the Residence, Landlord shall be held entitled to transfer the Security Deposit (or Reservation Fee) to the party who acquires the Residence, and from and after such transfer, Landlord shall be released of any liability with respect thereto. Before Tenant may occupy the Residence, the full Security Deposit and first month's Rent indicated above must have been received by Landlord, without liability for interest, as security . The Security Deposit is not part of Rent and consequently cannot be deducted from the final month’s Rent due hereunder. The provisions relating to the Security Deposit are for the performance by Tenant protection of TenantLandlord, and are in addition to and not in limitation of Landlord’s covenants and obligations under other remedies set forth in this LeaseLease or at law, it being expressly understood that Tenant is completely responsible for Rent for the entire Lease Term and for any and all damages to the Residence or otherwise, all as provided herein, and that the Security Deposit may be set off against the total claims of Landlord and shall not be considered constitute Landlord’s exclusive remedy. Further, Landlord can retain as much of the Security Deposit as is necessary to return the Residence to its original state when occupancy began, ordinary wear and tear excepted, in accordance with § 410 of the South Carolina Residential Landlord and Tenant Act, S.C. Code §27-‐40-‐10, et seq. Upon Xxxxxx’s surrendering possession of the Residence upon the termination or expiration of this Lease, Tenant and Landlord shall jointly inspect the Residence and complete the Move-‐Out Inspection portion of the Inspection Report, listing any damage done to the Residence during the Lease Term which is the basis for any charge against the Security Deposit, and the estimated dollar value of such damage. Landlord shall provide to Tenant, either prior to move-‐out inspection or at the time of move-‐out inspection, an advance payment itemized list of Rent anticipated costs for damage repair and work related to making the Residence ready for new occupancy. Tenant acknowledges that the extent of any necessary repairs or a measure work may vary within reason and such variations could increase or reduce the final cost of damages or work billed to Tenant’s liability for damages in case Security Deposit. Tenant agrees to leave all power, water and gas (if applicable) on until the Termination Date, and the cost of default having such utilities turned on to perform the inspection shall be borne by Tenant. Landlord mayand Tenant shall sign the Inspection Report; however, if Xxxxxx refuses to sign the Inspection Report, Xxxxxx must state specifically in writing the items on the Inspection Report to which Tenant dissents and shall sign the statement of dissent and deliver the same to Landlord in person or via certified United States Postal Service. Landlord shall deduct from time to time, without prejudice to any other remedy, use the Security Deposit sums sufficient to compensate Landlord for the following items prior to returning the Security Deposit or any portion thereof to Tenant: (i) any failure to comply with the move-‐out procedures (outlined in Paragraph 7 the “Move-‐Out Procedures”), (ii) any damages to the extent necessary Residence in excess of normal wear and tear, (iii) any damages to make good the Residence due to the negligence, carelessness, accident or abuse of Tenant, (iv) any arrearages unpaid sums due to Landlord under the terms of Rent this Lease, including without limitation, Rent, late charges, utilities, returned or to satisfy dishonored check charges, unpaid damage claims, pet fines, key replacement charges, charges for removing, packing and storing abandoned, seized or lawfully removed property, court costs and any other covenant or obligation actual damages caused by any breach of this Lease by Tenant, and (v) any noncompliance by Tenant hereunder following with § 510 of the expiration South Carolina Residential Landlord and Tenant Act. After deduction of any applicable cure periods. Following any such application the items specified in the immediately preceding sentence, the balance of the Security Deposit, Tenant if any, together with a written, itemized accounting of deductions 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 be mailed 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released first class mail to Tenant within no later than thirty (30) days after the termination of this Lease or the surrender and acceptance of the surrender Residence, whichever occurs later. Tenant shall notify Landlord in writing at the time of move-‐out inspection of Xxxxxx’s forwarding address in order to enable Landlord to return the statement required with respect to the Security Deposit and any appropriate return of any portion of the Premises Security Deposit to Landlord subject Tenant. In the event that Tenant is comprised of more than one individual, the refund of the portion of the Security Deposit shall be returned to each resident equally without regard to which Xxxxxx paid the Security Deposit and without regard to which Xxxxxx’s conduct resulted in any deductions made by there from. Refunds shall be mailed to each Tenant at the forwarding address given to Landlord. If Tenant has not supplied Landlord pursuant to with the terms of this Lease. Notwithstanding anything to the contrary contained hereincorrect forwarding address, Tenant shall provide pay all costs incurred by Landlord in reissuing the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoDeposit.
Appears in 1 contract
Samples: Rental Agreement
Security Deposit. The Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Upon execution of this Lease. The , Tenant shall deposit with Landlord the Security Deposit shall be held by Landlord, without liability for interest, as security in the amount of $360,000.00 specified in Item 11 of the Basic Lease Provisions for the performance by Tenant of Tenant’s all terms, covenants and obligations under conditions of this Lease, it being expressly understood and agreed that the Security Deposit shall such deposit is not be considered an advance payment of Rent rental deposit or a measure of TenantLandlord’s liability for damages in case of default by Tenant’s default. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent or the obligation to repair and maintain the Premises or to perform any other term, covenant or condition contained herein, Landlord may, from time to timemay (but shall not be required to), without prejudice to any other remedyremedy provided herein or provided by law and without notice to Tenant, use the Security Deposit, or any portion of it, to cure the default or to compensate Landlord for all damages sustained by Landlord resulting from Tenant’s default. Tenant shall immediately on demand restore and replenish the portion of the Security Deposit expended or applied by Landlord as provided in this Section so as to maintain the Security Deposit in the sum initially deposited with Landlord. Although the Security Deposit shall be deemed the property of Landlord, if Tenant is not in default at the expiration or termination of this Lease, Landlord shall return the Security Deposit to Tenant within sixty (60) days thereafter. In the extent necessary to make good event Landlord withholds any arrearages of Rent or to satisfy any other covenant or obligation of funds from the Security Deposit, Landlord shall within said sixty (60) day period provide Tenant hereunder following with written notice thereof, identifying the expiration specific reasons for the withholding of any applicable cure periods. Following any such application portion of the Security Deposit, together with the specific dollar amounts related thereto. Landlord shall not be required to keep the Security Deposit separate from its general funds and Tenant shall pay not be entitled to interest on any such deposit. Upon any sale or transfer of its interest in the Building, Landlord on demand the amount so applied in order to restore may transfer the Security Deposit to its successor-in-interest, and thereupon, Landlord shall be released from any liability or obligation with respect thereto. It is expressly understood that the amount required Security Deposit may only be applied to address Tenant’s defaults hereunder, from time and may not be applied for any deferred maintenance or other matters with respect to time. If Landlord transfers its interest in the Complex condition of the Premises which are not the result of a Tenant default 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 1 contract
Security Deposit. The Tenant shall deposit with Landlord, upon Tenant’s execution of this Lease, the sum of Four Thousand Four Hundred Forty-One Dollars and 67/100 ($4,441.67), to be held by Landlord as Tenant’s “Security Deposit.” Such Security Deposit shall be deposited with equal to one monthly installment of Base Rent unless otherwise adjusted as provided for in 3.G. above.
1. If at any time during this Agreement the Security Deposit then held on account by Landlord by becomes less than the prevailing monthly installment of Base Rent, Tenant contemporaneously with the delivery by Tenant will make an additional payment to Landlord of this Lease. The so that the Security Deposit shall be held by LandlordLandlord is increased to equal one monthly installment of Base Rent, unless otherwise adjusted as provided for in 3.G. above.
2. Landlord shall hold such Security Deposit without liability for interest, interest as security for the performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that . Landlord may commingle the Security Deposit with Landlord's other funds, and no trust relationship is created with respect to the Security Deposit. Tenant shall not assign, otherwise transfer, or encumber or attempt to assign, otherwise transfer, or encumber the Security Deposit, and Landlord and its successors and assigns shall not be considered bound by any actual or attempted assignment, other transfer, or encumbrance. Regardless of any assignment, other transfer, or encumbrance of the Security Deposit by Tenant, Landlord may return the Security Deposit to the Tenant.
3. The Security Deposit is not an advance payment of Rent or a measure of Tenant’s liability for liquidated damages in case of default by Tenant. Upon the occurrence of any event of default, Landlord may, from time to time, without prejudice to any other remedyremedy provided herein or provided by Law, use the Security Deposit to the extent necessary to make good any arrearages of Rent or to satisfy and any other covenant damage, injury, expense or obligation liability caused to Landlord by such event of Tenant hereunder following the expiration of any applicable cure periodsdefault. Following any such application of the Security Deposit, Tenant shall pay to Landlord Landlord, on demand demand, the amount so applied in order to fully restore the Security Deposit to the amount its required amount.
4. If Tenant is not then in default 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 less any lawful deductions by 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 be returned by Landlord will 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within with an accounting of said deductions taken no later than thirty (30) days following the termination or expiration of this Hangar Lease. Permitted deductions from the surrender Security Deposit may include but not be limited to: unpaid Base Rent; unpaid utility charges incurred by Tenant; unpaid service charges; damages by Tenant to the Premises (beyond normal wear and tear) or repairs by Landlord; replacement cost of Landlord’s property that was in or attached to the Premises and is missing; cost to replace unreturned keys; agreed reletting charges; Landlord’s cost of cleaning the Premises to a broom- swept condition if required; Landlord’s cost of removal of any trash or debris left in the Premises; Landlord’s cost of the removal and storage of Tenant’s personal property left or abandoned by Tenant or otherwise disposed of by Landlord; Landlord’s cost of removal of unauthorized vehicles or aircraft left on the Premises; government fees or fines against Landlord subject to any deductions made because of Tenant; late fees and other costs of collection incurred by Landlord pursuant to the terms of in connection with this Lease. Notwithstanding anything to the contrary contained herein; interest that would have been earned by Landlord on unpaid balances; attorneys’ fees, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretocourt costs and filing fees.
Appears in 1 contract
Samples: Conventional Hangar Lease for Commercial Aviation Use
Security Deposit. Tenant shall receive a comprehensive Move-‐In and Move-‐Out Inspection Report (The “Inspection Report” -‐ attached hereto as Exhibit “A”) which lists for Tenant’s permanent retention any existing damages. Tenant is entitled to inspect the Residence to ascertain the accuracy of the Inspection Report prior to taking occupancy, and Tenant shall either sign the Inspection Report or state specifically in writing the items listed therein to which Tenant dissents, and Tenant shall sign such statement of dissent. No such written report shall constitute a request for repairs within the meaning of Paragraph 17 of the Lease. Upon Tenant's receipt of the Inspection Report, the Reservation Fee will automatically be converted to a security deposit (the "Security Deposit shall be deposited with Landlord Deposit") in the amount stated above as security for the full and faithful performance and observance by Tenant contemporaneously with the delivery by Tenant to Landlord of each and every term and covenant of this Lease, including, without limitation, the payment of Rent. The Security Deposit is being held in Escrow Account No. 0000000 at The National Bank of Georgia, Athens, Georgia maintained by Agent. Agent may, but is not obligated to, maintain such funds in an interest bearing account. Any interest accruing shall become the property of Agent. In the event of a sale or other conveyance of the Residence, Landlord shall be held entitled to transfer the Security Deposit (or Reservation Fee) to the party who acquires the Residence, and from and after such transfer, Landlord shall be released of any liability with respect thereto. Before Tenant may occupy the Residence, the full Security Deposit and first month's Rent indicated above must have been received by Landlord, without liability for interest, as security . The Security Deposit is not part of Rent and consequently cannot be deducted from the final month’s Rent due hereunder. The provisions relating to the Security Deposit are for the performance by Tenant protection of TenantLandlord, and are in addition to and not in limitation of Landlord’s covenants and obligations under other remedies set forth in this LeaseLease or at law, it being expressly understood that Tenant is completely responsible for Rent for the entire Lease Term and for any and all damages to the Residence or otherwise, all as provided herein, and that the Security Deposit may be set off against the total claims of Landlord and shall not be considered an advance payment constitute Landlord’s exclusive remedy. Further, Landlord can retain as much of Rent or a measure the Security Deposit as is necessary to return the Residence to its original state when occupancy began, ordinary wear and tear excepted, in accordance with § 410 of the South Carolina Residential Landlord and Tenant Act, S.C. Code §27-‐40-‐10, et seq. Upon Tenant’s liability surrendering possession of the Residence upon the termination or expiration of this Lease, Tenant and Landlord shall jointly inspect the Residence and complete the Move-‐Out Inspection portion of the Inspection Report, listing any damage done to the Residence during the Lease Term which is the basis for any charge against the Security Deposit, and the estimated dollar value of such damage. Landlord shall provide to Tenant, either prior to move-‐out inspection or at the time of move-‐out inspection, an itemized list of anticipated costs for damage repair and work related to making the Residence ready for new occupancy. Tenant acknowledges that the extent of any necessary repairs or work may vary within reason and such variations could increase or reduce the final cost of damages in case or work billed to Tenant’s Security Deposit. Tenant agrees to leave all power, water and gas (if applicable) on until the Termination Date, and the cost of default having such utilities turned on to perform the inspection shall be borne by Tenant. Landlord mayand Tenant shall sign the Inspection Report; however, if Tenant refuses to sign the Inspection Report, Tenant must state specifically in writing the items on the Inspection Report to which Tenant dissents and shall sign the statement of dissent and deliver the same to Landlord in person or via certified United States Postal Service. Landlord shall deduct from time to time, without prejudice to any other remedy, use the Security Deposit sums sufficient to compensate Landlord for the following items prior to returning the Security Deposit or any portion thereof to Tenant: (i) any failure to comply with the move-‐out procedures (outlined in Paragraph 7 the “Move-‐Out Procedures”), (ii) any damages to the extent necessary Residence in excess of normal wear and tear, (iii) any damages to make good the Residence due to the negligence, carelessness, accident or abuse of Tenant, (iv) any arrearages unpaid sums due to Landlord under the terms of Rent this Lease, including without limitation, Rent, late charges, utilities, returned or to satisfy dishonored check charges, unpaid damage claims, pet fines, key replacement charges, charges for removing, packing and storing abandoned, seized or lawfully removed property, court costs and any other covenant or obligation actual damages caused by any breach of this Lease by Tenant, and (v) any noncompliance by Tenant hereunder following with § 510 of the expiration South Carolina Residential Landlord and Tenant Act. After deduction of any applicable cure periods. Following any such application the items specified in the immediately preceding sentence, the balance of the Security Deposit, Tenant if any, together with a written, itemized accounting of deductions 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 be mailed 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released first class mail to Tenant within no later than thirty (30) days after the termination of this Lease or the surrender and acceptance of the surrender Residence, whichever occurs later. Tenant shall notify Landlord in writing at the time of move-‐out inspection of Tenant’s forwarding address in order to enable Landlord to return the statement required with respect to the Security Deposit and any appropriate return of any portion of the Premises Security Deposit to Landlord subject Tenant. In the event that Tenant is comprised of more than one individual, the refund of the portion of the Security Deposit shall be returned to each resident equally without regard to which Tenant paid the Security Deposit and without regard to which Tenant’s conduct resulted in any deductions made by there from. Refunds shall be mailed to each Tenant at the forwarding address given to Landlord. If Tenant has not supplied Landlord pursuant to with the terms of this Lease. Notwithstanding anything to the contrary contained hereincorrect forwarding address, Tenant shall provide pay all costs incurred by Landlord in reissuing the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoDeposit.
Appears in 1 contract
Samples: Rental Agreement
Security Deposit. The 9.1. Tenant shall deposit with Landlord on or before the Commencement Date of this Lease a security deposit (together with all interest earned thereon, the “Security Deposit”) in an amount equal to the Security Deposit shall be deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of this Lease. The Amount, which Security Deposit shall be held by Landlord, without liability for interest, Landlord as security for the performance by Tenant of Tenant’s covenants all of the terms, covenants, and obligations under conditions of this Lease to be kept and performed by Tenant during the Term. If Tenant defaults with respect to any provision of this Lease, it being expressly understood that including, without limitation, any provision relating to the payment of Rent, Landlord shall have the right, but not the obligation, to use, apply or retain all or any part of the Security Deposit shall not be considered an advance for the payment of any Rent or a measure any other sum in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s liability for damages in case default. If any portion 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 is so used 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 Depositapplied, Tenant shall pay to shall, upon written demand therefor, deposit cash with Landlord on demand the in an amount so applied in order sufficient to restore the Security Deposit to the amount Security Deposit Amount, and Tenant’s failure to do so shall be a material breach of this Lease. Landlord shall not be required hereunderto keep the Security Deposit separate from its general fund, but Tenant shall be entitled to any interest on the Security Deposit (to be credited to and added to the Security Deposit) at the rate as may be actually earned thereon by Landlord from time to timetime but no less often than annually. If Landlord transfers Tenant shall provide landlord or its interest in the Complex during the term of this Leasedesignee with such information and instruments (including, without limitation, Tenant’s taxpayer identification number) as Landlord may assign reasonably require in order to maintain the Security Deposit in an interest-bearing account.
9.2. 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 Rent and other charges due Landlord for all periods prior to the filing of such proceedings.
9.3. Landlord shall deliver the unapplied portion of the Security Deposit to any purchaser of Landlord’s interest in the transferee Premises and upon assumption thereupon Landlord shall be discharged from any and all further liability with respect to the Security Deposit. This provision shall also apply to any subsequent transfers.
9.4. If as of the expiration of the Term, Tenant shall have surrendered the Premises in the condition required by such transferee of liability for this Lease and shall have paid all Rent, 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 Depositbalance thereof, shall be returned to Tenant must upon demand restore the Security Deposit (or, at Landlord’s option, to the amount required hereunder, from time to time. No application last assignee of the Security Deposit by Landlord will 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 or imposes upon a landlord interest hereunder) within ninety (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (3090) days of after the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached hereto.
Appears in 1 contract
Samples: Lease (Supernus Pharmaceuticals Inc)
Security Deposit. The (a) Landlord waives the security deposit required of Tenant as security for faithful performance and observance by Tenant of all terms, covenants, conditions and provisions hereof. Landlord may, however require a security deposit upon an Event of Default by Tenant. If so required, the security deposit (the "Security Deposit Deposit") shall be deposited with Landlord by Tenant contemporaneously with the delivery thirty-four thousand dollars and 00/100 ($34,000.00)), and shall be payable by Tenant to Landlord of this Leasenot later than five (5) business days after Tenant receives Landlord's written notice that Landlord is requiring the Security Deposit. The Security Deposit At no time 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 deemed an advance payment of Rent Rent.
(b) Upon any Event of Default, including, but not limited to, any failure by Tenant to make payment of Rental 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 remedycharge payable by Tenant as and when due, use Landlord may use, apply or retain the whole or any part of the Security Deposit to the extent necessary reasonably required for payment of any such Rental or other charge as to make good which Tenant is in default, or any arrearages sum which Landlord may be required to expend by reason of Rent or to satisfy Tenant's default in respect of any other term, condition, covenant or obligation of Tenant hereunder following the expiration of provision hereof. If any applicable cure periods. Following any such application portion of the Security DepositDeposit is so expended or applied by Landlord, Landlord may require Tenant shall to promptly pay to Landlord on demand the an amount so applied in order sufficient to restore the Security Deposit to the original amount required hereunder, from time to timethereof. If Landlord transfers its interest in Tenant fully and faithfully complies with the Complex during the term of this Leaseterms, Landlord may assign the Security Deposit to the transferee covenants, conditions and upon assumption by such transferee of liability for provisions hereof, the Security Deposit, Landlord or so much thereof as to which Tenant may be entitled, 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 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 or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released returned to Tenant within thirty (30) days after the Expiration Date (or sooner termination of this Lease) and delivery of exclusive possession of the surrender of the Leased Premises to Landlord subject in the condition required herein. In the event of a sale or master lease of the Building, Landlord shall have the right to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide transfer the Security Deposit in to the form purchaser or lessee, and Landlord shall thereupon be released by Tenant from all responsibility or liability for the return of a Letter the Security Deposit so long as such purchaser or lessee shall agree to all requirements of Credit in accordance with Exhibit “M” attached heretoLandlord concerning the Security Deposit, and Tenant shall look to such purchaser or lessee for return of the Security Deposit.
Appears in 1 contract
Samples: Lease Agreement (ExactTarget, Inc.)
Security Deposit. The Landlord herewith acknowledges receipt of the Security Deposit shall be deposited with Landlord by Tenant contemporaneously with in the delivery by Tenant amount stated in Section 1 hereof, which it is to Landlord retain as security for the faithful performance of all covenants, conditions and agreements of this Lease. The Landlord shall have the right (but not the obligation) to apply the Security Deposit upon Rent or other obligations in arrears or upon damages for the Tenant’s failure to perform the said covenants, conditions and agreements. Any such application by Landlord shall be held by Landlordcredited to such obligations of Tenant, without liability for interest, as security for the performance by Tenant but shall not constitute a cure of Tenant’s covenants and obligations Default barring Landlord from pursuing any other remedies available under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of Rent Lease or a measure of Tenant’s liability for damages in case of default by Tenantat law. 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 Upon such application of the Security Deposit, Tenant shall pay be obligated to replace such amounts so applied within ten (10) days after demand therefor by Landlord on demand and, upon Landlord’s request, increase the amount so applied in order to restore the of such Security Deposit to an amount not greater than two hundred fifty (250%) percent of the original amount required hereunderof the Security Deposit. Landlord’s right to the possession of the Demised Premises for non-payment of Rent or for any other reason shall not in any event be affected by reason of the fact that the Landlord holds or applies this Security Deposit. Upon the expiration of the Lease Term, from time to time. If Landlord transfers its interest in surrender of possession of the Complex during Demised Premises by Tenant and Tenant’s full and complete performance of all the term terms and conditions of this Lease, Landlord may assign the Security Deposit shall be returned to the transferee and upon assumption by such transferee of liability for the Security Deposit, Tenant without interest. Landlord shall have no further liability for the return of right to apply 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 any liquidated damages calculated pursuant to time. No application Section 21.2 and any undisbursed portion of the Security Deposit may be retained by Landlord will be deemed and applied to have cured any obligations of Tenant or damages incurred by reason of Tenant’s default. Tenant waives all provisions of Laws, now subsequent Default or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security depositsbreach. The Security Deposit will Landlord shall not be released obliged to Tenant within thirty (30) days of the surrender of the Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide keep the Security Deposit in as a separate fund or pay interest thereon but may commingle the form of a Letter of Credit in accordance Security Deposit with Exhibit “M” attached heretoits own funds.
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited Concurrently with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord Tenant’s execution of this Lease. The , Tenant shall deposit with Landlord a security deposit (the “Security Deposit shall be held by LandlordDeposit”) in the amount, without liability for interestif any, set forth in Section 8 of the Summary, as security for the faithful performance by Tenant of Tenant’s covenants and all of its 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 If Tenant defaults with respect 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 provisions of this Lease, Landlord may assign including, but not limited to, the Security Deposit provisions relating to the transferee payment of Rent, the removal of property and upon assumption by such transferee the repair of liability for the Security Depositresultant damage, Landlord may, without prior notice to Tenant, but shall have no further liability for the return of such Security Deposit. Upon application of not be required to apply all or any part of the Security DepositDeposit for the payment of any Rent or any other sum in default, to cure any other breach or default by Tenant must 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 the amount required hereunderits original amount. Provided Tenant is not in Default, from time to time. No application any unapplied portion of the Security Deposit by Landlord will shall be deemed returned to have cured Tenant, or, at Landlord’s option, to the last assignee of Tenant’s default. Tenant waives all provisions of Lawsinterest hereunder, now or hereinafter in force, which restrict the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days following the expiration of the surrender of the Premises to Landlord subject Lease Term. Tenant shall not be entitled to any deductions made 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 return of a security deposit are superseded by the express period identified in this Article 21, above, and (B) rather than be so limited, Landlord pursuant may claim from the Security Deposit (i) any and all sums expressly identified in this Article 21, above, and (ii) any additional sums reasonably necessary to the terms compensate Landlord for any and all losses or damages caused by Tenant’s default of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form including, but not limited to, all damages or rent due upon termination of a Letter of Credit in accordance with Exhibit “M” attached heretothis Lease.
Appears in 1 contract
Samples: Office Lease (HMS Holdings Corp)
Security Deposit. Tenant shall deposit the Security Deposit with a financial institution in an account of Landlord 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 Landlord and maintain the Security Deposit in the account together with all interest accrued thereon until the Security Deposit is applied or returned in accordance with the terms hereof. The Security Deposit Account shall be deposited with an interest bearing account offering the highest yield generally available for deposits similar in amount to the Security Deposit. Landlord shall instruct the financial institution maintaining the Security Account to deliver a copy of the account statements regarding the Security Account to Tenant. Any balance shown in the Account, whether or not resulting from the deposit of the Security Deposit or the reinvestment interest accrued thereunder, shall become a part of the Security Deposit and may not be disposed of by Tenant contemporaneously Landlord except if disposed of in accordance with the delivery by Tenant to Landlord terms of this Lease. The Security Deposit shall be held by Landlord, without liability for interest, as security for All interest or any other return resulting from the performance by Tenant deposit of Tenant’s covenants and obligations under this Lease, it being expressly understood that the Security Deposit in the Security Account minus any applicable expenses resulting from the account fees payable for the maintenance of the Security Account and income tax derived from interest payments thereunder, if any, shall not be reinvested in the Security Account (and hence bear interest) any such amount to be considered an advance payment as a part 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 subject to the extent necessary to make good any arrearages of Rent or to satisfy any other covenant or obligation of Tenant hereunder following terms and conditions set forth in 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 timeLease). If Landlord transfers Tenant does not fulfill any of its interest in obligations under the Complex during the term of this Lease, Landlord may assign apply 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 on account of such Security Depositobligation or to reimburse Landlord for any sum which Landlord may expand due to Tenants default. Upon application of all or 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 must upon demand restore complies with all the terms, covenants and conditions of this Lease, the Security Deposit to the amount required hereunder, from time to time. No application of the Security Deposit by Landlord will 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 or imposes upon a landlord (or its successorsany balance thereof, including anciliary amounts thereto) any obligation shall be returned to Tenant, together with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within interest accrued thereon, not later than thirty (30) days after the Expiration Date and delivery of possession of the surrender of the entire Premises to Landlord subject to any deductions made by Landlord pursuant to the terms of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the form of a Letter of Credit in accordance with Exhibit “M” attached heretoLandlord.
Appears in 1 contract
Security Deposit. The Security Deposit shall be deposited Concurrently with Landlord by Tenant contemporaneously with the Tenant’s delivery by Tenant to Landlord of this Lease. The , Tenant shall deposit with Landlord the sum, if any, stated in Item 9 of the Basic Lease Provisions (the “Security Deposit shall Deposit”), to be held by Landlord, without liability for interest, Landlord as security for the full and faithful performance by Tenant of Tenant’s covenants and obligations under this Lease, it being expressly understood that to pay any rental sums, including without limitation such additional rent as may be owing under any provision hereof, and to maintain the Premises as required by Sections 7.1 and 15.2 or any other provision of this Lease. Upon any breach of the foregoing obligations by Tenant, Landlord may apply all or part of the Security Deposit shall not be considered an advance payment as full or partial compensation. If any portion 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 Depositis so applied, Tenant shall pay to within 5 days after written demand by Landlord on demand the deposit cash with Landlord in an amount so applied in order sufficient to restore the Security Deposit to the amount its original amount. Landlord shall not be required hereunder, from time to time. If Landlord transfers its interest in the Complex during the term of this Lease, Landlord may assign keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to the transferee and upon assumption by such transferee of liability for interest on the Security Deposit, Landlord shall have . In no further liability for the return of such Security Deposit. Upon application of event may Tenant utilize all or any part portion of the Security Deposit, Tenant must upon demand restore Deposit as a payment toward any rental sum due under this Lease. Any unapplied balance of the Security Deposit shall be returned to Tenant or, at Landlord’s option, to the amount required hereunderlast 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, from time to time. No 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 Landlord will be deemed Tenant but for the early termination due to have cured Tenant’s defaultDefault (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 waives all provisions of Laws, now or hereinafter in force, which restrict given at any time following the amount or types of claim that a landlord may make upon a security deposit or imposes upon a landlord (or its successors) any obligation with respect to the handling or return of security deposits. The Security Deposit will be released to Tenant within thirty (30) days expiration of the surrender 30th full calendar month of the Premises to Term, Landlord subject to any deductions made by Landlord pursuant to the terms shall return a portion of this Lease. Notwithstanding anything to the contrary contained herein, Tenant shall provide the Security Deposit in the amount of $104,991.00 to Tenant in the form of a Letter of Credit in accordance with Exhibit “M” attached heretocredit(s) against Rent next coming due under this Lease.
Appears in 1 contract