Common use of TENANT'S DEPOSIT Clause in Contracts

TENANT'S DEPOSIT. (a) Upon execution of this Lease, the Tenant shall deposit with the Landlord the sum of Three Hundred Thousand Dollars ($300,000) to secure the faithful performance by the Tenant of all the terms, conditions, covenants and agreements of this lease, and to make good to the Landlord any damage which it may sustain by reason of any act or omission of the Tenant (such $300,000 or other amount from time to time on hand with the Landlord, hereafter the "Deposit"). If, during the term of this lease, the Landlord shall sell, exchange or lease the entire building, subject to this lease, or, being the lessee thereof, shall assign its Lease, the Landlord shall have the right to pay or transfer the said Deposit to such grantee, lessee, or assignee, as the case may be, and, in such event, upon notice of such transfer to Tenant, the Landlord shall be released from all responsibility and liability in connection therewith, and the Tenant will look solely to said grantee, lessee, or assignee for its return. If the Deposit is in cash, it shall be deposited with a bank or trust company, savings bank or savings and loan association and the Landlord shall advise the Tenant of the name and address thereof. The Tenant shall not be entitled to the payment of any interest earned upon such Deposit unless earned and any interest earned shall be added to the Deposit and Landlord shall have the right to deduct from such Deposit an amount equal to 1% of the Deposit, which 1% shall be payable to Landlord to defray the cost of administering such Deposit. The Tenant's interest in said Deposit shall not be assigned or encumbered without the written consent of the Landlord, and within thirty (30) days after the expiration (or termination pursuant to paragraph (c) of Article SIXTEENTH) of the term, the amount of said Deposit shall be repaid to the Tenant, less any proper charges against the same, as hereinabove or hereinafter provided. If the Tenant shall fail to make any payment of rent or of additional rent or of any other payment due from the Tenant to the Landlord under this lease beyond all applicable grace periods, or if the Landlord shall be damaged by any act or omission of the Tenant which is a default hereunder for something other than the non-payment of rent, additional rent or other amounts and such default is not cured (or diligent efforts to cure such default not begun) within thirty (30) days, the Landlord may, at its option, apply such portion of the Deposit as may be adequate to cure such default or to make good such damage, including, but not by way of limitation, interest, reasonable costs, fees and other expenses, paid or incurred by the Landlord, but excluding any amount which might be due as the result of the acceleration of future rent payable hereunder or the acceleration of the Notes and thereafter such portion so applied shall be free from any claim by the Tenant for its return. If the Landlord shall re-enter, pursuant to the provisions of this lease (other than in the event of insolvency in which event the provisions of Article NINETEENTH of the lease shall apply), and shall re-let the premises for its own account, the entire Deposit shall immediately be and become the absolute property of the Landlord, as fixed, liquidated and agreed damages, and not as a penalty, it being impossible in such event to ascertain the exact amount of the damage which the Landlord may thus sustain, but unless the Landlord shall so re-let the premises for its own account, the Landlord shall continue to hold the Deposit, as security for the performance of the Tenant's obligations, until the date herein expressly fixed for the expiration of the term, and apply the same from time to time to the unpaid obligations of the Tenant, under the same terms and conditions as if the said lease were still in full force and effect. No termination of this lease or re-entry by the Landlord for default of the Tenant shall entitle the Tenant to the return of any part of the Deposit, nor shall the retention of such Deposit, after such re-entry, impair or otherwise affect the Tenant's liability to the Landlord during the balance of the term originally provided for. If, at any time, the Deposit shall be diminished below the amounts required by this paragraph (a) or paragraph (c) of this Article TWENTY-SECOND, as applicable, by reason of the Landlord's having applied any part thereof in accordance with the provisions of this paragraph, the Tenant shall pay over to the Landlord, upon demand, the equivalent of such decrease, to be added to the Deposit and to be held and applied in accordance with the provisions of this paragraph.

TENANT'S DEPOSIT. TWENTY-EIGHTH: (a) Upon execution of this Lease, the The Tenant shall deposit has deposited with the Landlord the sum of Three Hundred Thousand FORTY-EIGHT THOUSAND TWO HUNDRED EIGHTY-THREE AND 34/100 ---- Dollars ($300,00048,283.34----) to secure the faithful performance by the Tenant of all the terms, conditions, covenants and agreements of this lease, and to make good to the Landlord any damage which it may sustain by reason of any act or omission of the Tenant (such $300,000 or Tenant. The Landlord shall segregate the said security deposit as a trust fund not to be mingled with other amount from time to time on hand with funds of the Landlord, hereafter the "Deposit"). Ifand if, during the term of this lease, the Landlord shall sell, exchange or lease the entire building, subject to this lease, or, being the lessee thereof, shall assign its Leaselease, the Landlord shall have the right to pay or transfer the said Deposit deposit to such grantee, lessee, or assignee, as the case may be, and, in such event, upon notice of such transfer to Tenant, the Landlord shall be released release from all responsibility and liability in connection therewith, and the Tenant will look solely to said grantee, lessee, or assignee for its return. If the Deposit is in cash, it The aforesaid security deposit shall be deposited with a bank or trust company, savings bank or savings and loan association association, in an interest-bearing account, and the Landlord shall advise the Tenant of the name and address thereof. The Tenant shall not be entitled to the payment of any interest earned upon such Deposit unless earned and any interest earned shall be added to on the Deposit and Landlord shall have aforesaid security deposit less the right to deduct from such Deposit an amount equal to 1% of the Depositdeposit, to which 1% the Landlord shall be payable entitled as administration expense shall be added to Landlord to defray the cost amount of administering such Depositthe deposit. The Tenant's interest in said Deposit deposit shall not be assigned or encumbered without the written consent of the Landlord, and within thirty (30) days after the expiration (or termination pursuant to paragraph (c) of Article SIXTEENTH) of the term, the amount of said Deposit deposit shall be repaid to the Tenant, less any proper charges against the same, as hereinabove or hereinafter provided. If the Tenant shall fail at any time be in default with respect to make any payment of rent or of additional rent or of any other payment due from the Tenant to the Landlord under this lease beyond all applicable grace periodslease, or if the Landlord shall be damaged by any act or omission of the Tenant which is a default hereunder for something other than the non-payment of rent, additional rent or other amounts and such default is not cured (or diligent efforts to cure such default not begun) within thirty (30) days, the Landlord may, at its option, apply such portion of the Deposit said deposit as may be adequate to cure such default or to make good such damage, including, but not by way of limitation, interest, reasonable costs, fees and other expenses, paid or incurred by the Landlord, but excluding any amount which might be due as the result Landlord (and Landlord shall notify Tenant of the acceleration of future rent payable hereunder or amount applied and the acceleration of the Notes reason therefor) and thereafter such portion so applied shall be free from any claim by the Tenant for its return. If the Landlord shall re-enter, pursuant to the provisions of this lease (other than in the event of insolvency in which event the provisions of Article NINETEENTH Twenty-fourth of the lease shall apply), and shall re-let the premises for its own account, the entire Deposit said deposit shall immediately be and become the absolute property of the Landlord, as fixed, liquidated and agreed damages, and not as a penalty, it being impossible in such event to ascertain the exact amount of the damage which the Landlord may thus sustain, but unless the Landlord shall so re-let the premises for its own account, the Landlord shall continue to hold the Depositsaid deposit, as security for the performance of the Tenant's obligations, until the date herein expressly fixed for the expiration of the term, and apply the same from time to time to the unpaid obligations of the Tenant, under the same terms and conditions as if the said lease were still in full force and effect. No termination of this lease or re-entry by the Landlord for default of the Tenant shall entitle the Tenant to the return of any part of the Depositsaid deposit, nor shall the retention of such Depositdeposit, after such re-entry, impair or otherwise affect the Tenant's liability to the Landlord during the balance of the term originally provided for. If, at any time, the Deposit said deposit shall be diminished below the amounts required by this paragraph (a) or paragraph (c) of this Article TWENTY-SECOND, as applicablediminished, by reason of the Landlord's having applied any part thereof in accordance with the provisions of this paragraph, the Tenant shall pay over to the Landlord, Landlord upon demand, the equivalent of such decrease, to be added to the Deposit said deposit and to be held and applied in accordance with the provisions of this paragraph.

TENANT'S DEPOSIT. (a) Upon execution of this Lease, the The Tenant shall deposit has deposited with the Landlord the sum of Three Hundred Thousand Dollars $298,562.89 (of which an aggregate of $300,000) 51,635.93 is on hand as security deposits for Tenant's and Express Reprographics, Inc.'s existing leases), to secure the faithful performance by the Tenant of all the terms, conditions, covenants and agreements of this lease, and to make good to the Landlord any damage which it may sustain by reason of any act or omission of the Tenant. The Landlord agrees that, provided that, on November 1, 1998, the Tenant (such $300,000 is not in default in the payment of fixed rent, additional rent or any other amount from time due under this lease, the Landlord will reduce the security deposit by $99,520.96. The Landlord shall segregate the said security deposit as a trust fund not to time on hand be mingled with other funds of the Landlord, hereafter the "Deposit"). Ifand if, during the term of this lease, the Landlord shall sell, exchange or lease the entire building, subject to this lease, or, being the lessee thereof, shall assign its Leaselease, the Landlord shall have the right to pay or transfer the said Deposit deposit to such grantee, lessee, or assignee, as the case may be, pursuant to written assignment as provided in Article Twenty-Fifth, and, in such event, upon notice of such transfer to Tenant, the Landlord shall be released from all responsibility and liability in connection therewith, and the Tenant will look solely to said grantee, lessee, or assignee for its return. If the Deposit is in cash, it The aforesaid security deposit shall be deposited with a bank or trust company, savings bank or savings and loan association association, and the Landlord shall advise the Tenant of the name and address thereofthereof and such shall be deposited in an interest-bearing account. The Tenant shall not be entitled to the payment of any interest earned upon such Deposit unless earned and any interest earned deposit less the amount equal to 1% per annum of the deposit, to which the Landlord shall be entitled as administration expense, shall be added to the Deposit and Landlord shall have the right to deduct from such Deposit an amount equal to 1% of the Deposit, which 1% shall be payable to Landlord to defray the cost of administering such Depositdeposit. The Tenant's interest in said Deposit deposit shall not be assigned or encumbered without the written consent of the Landlord, and within thirty (30) days after the expiration (or termination pursuant to paragraph (c) of Article SIXTEENTH) of the term, the amount of said Deposit deposit shall be repaid to the Tenant, less any proper charges against the same, as hereinabove or hereinafter provided. If the Tenant shall fail at any time be in default with respect to make any payment of rent or of additional rent or of any other payment due from the Tenant to the Landlord under this lease beyond all any applicable notice and grace periods, or if the Landlord shall be damaged by any act or omission of the Tenant which is a default hereunder for something other than the non-payment of rent, additional rent or other amounts and such default is not cured (or diligent efforts to cure such default not begun) within thirty (30) days, period the Landlord may, at its option, apply such portion of the Deposit said deposit as may be adequate to cure such default or to make good such damagedefault, including, but not by way of limitation, interest, reasonable costs, fees and other expenses, paid or incurred by the Landlord, but excluding any amount which might be due as permitted under the result terms of the acceleration of future rent payable hereunder or the acceleration of the Notes this lease, and thereafter such portion so applied shall be free from any claim by the Tenant for its return. If the Landlord shall re-enter, pursuant to the provisions of this lease (other than in the event of insolvency in which event the provisions of Article NINETEENTH Twenty-Fourth of the lease shall apply), and shall re-let the premises for its own account, the entire Deposit said deposit shall immediately be and become the absolute property of the Landlord, as fixed, liquidated and agreed damages, and not as a penalty, it being impossible in such event to ascertain the exact amount of the damage which the Landlord may thus sustain, but unless the Landlord shall so re-let the premises for its own account, the Landlord shall continue to hold the Depositsaid deposit, as security for the performance of the Tenant's obligations, until the date herein expressly fixed for the expiration of the term, and apply the same from time to time to the unpaid obligations of the Tenant, under the same terms and conditions as if the said lease were still in full force and effect. No termination of this lease or re-entry by the Landlord for default of the Tenant shall entitle the Tenant to the return of any part of the Depositsaid deposit, nor shall the retention of such Depositdeposit, after such re-entry, impair or otherwise affect the Tenant's liability to the Landlord during the balance of the term originally provided for. If, at any time, the Deposit said deposit shall be diminished below the amounts required by this paragraph (a) or paragraph (c) of this Article TWENTY-SECOND, as applicablediminished, by reason of the Landlord's having applied any part thereof in accordance with the provisions of this paragraph, the Tenant shall pay over to the Landlord, Landlord upon demand, the equivalent of such decrease, to be added to the Deposit said deposit and to be held and applied in accordance with the provisions of this paragraph.

TENANT'S DEPOSIT. (a) Upon the execution of this Leaselease, the The Tenant shall deposit with the Landlord the sum of One Hundred Eight Thousand, Three Hundred Thousand Thirty-three and 32/100 Dollars ($300,000108,333.32) to secure the faithful performance by the Tenant of all the terms, conditions, covenants and agreements of this lease, and to make good to the Landlord any damage which it may sustain by reason of any act or omission of the Tenant (such $300,000 108,333.32 or other amount from time to time on hand with of the Landlord, hereafter the "Deposit"). If, during the term of this lease, the Landlord shall sell, exchange or lease the entire building, subject to this lease, or, being the lessee thereof, shall assign its Leaselease, the Landlord shall have the right to pay or transfer the said Deposit to such grantee, lessee, or assignee, as the case may be, and, in such event, upon notice of such transfer to Tenant, the Landlord shall be released from all responsibility and liability in connection therewith, and the Tenant will look solely to said grantee, lessee, or assignee for its return. If the Deposit is in cash, it shall be deposited with a bank or trust company, savings bank or savings and loan association association, and the Landlord shall advise the Tenant of the name and address thereof. The Tenant shall not be entitled to the payment of any interest earned upon such Deposit unless earned and any interest earned shall be added to the Deposit and Deposit. Landlord shall have the right to deduct annually from such Deposit Deposit, an amount equal to 1% of the Deposit, which 1% shall be payable to Landlord to defray the cost of administering such DepositDeposit and the balance of the interest earned on the Deposit shall be paid over to Tenant. The Tenant's interest in said the Deposit shall not be assigned or encumbered without the written consent of the Landlord, and within thirty (30) days after the expiration (or termination pursuant to paragraph (c) of Article SIXTEENTH) of the term, the amount of said Deposit shall be repaid to the Tenant, less any proper charges against the same, as hereinabove or hereinafter provided. If the Tenant shall fail at any time be in default with respect to make any payment of rent or of additional rent or of any other payment due from the Tenant to the Landlord under this lease beyond all the applicable grace periodsperiod, or if the Landlord shall be damaged by any act or omission of the Tenant which is a default hereunder for something other than the non-payment of rent, additional rent or other amounts and such default is not cured (or diligent efforts to cure such default not begun) within thirty (30) days, the Landlord may, at its option, apply such portion of the Deposit as may be adequate to cure such default or to make good such damage, including, but not by way of limitation, interest, reasonable costs, fees and other expenses, paid or incurred by the Landlord, but excluding any amount which might be due as the result of the acceleration of future rent payable hereunder or the acceleration of the Notes and thereafter such portion so applied shall be free from any claim by the Tenant for its return. If the Landlord shall re-enter, pursuant to the provisions of this lease (other than in the event of insolvency in which event the provisions of Article NINETEENTH of the lease shall apply), and shall re-let the premises for its own account, the entire Deposit shall immediately be and become the absolute property of the Landlord, as fixed, liquidated and agreed damages, and not as a penalty, it being impossible in such event to ascertain the exact amount of the damage which the Landlord may thus sustain, but unless the Landlord shall so re-let the premises for its own account, the Landlord shall continue to hold the Deposit, as security for the performance of the Tenant's obligations, until the date herein expressly fixed for the expiration of the term, and apply the same from time to time to the unpaid obligations of the Tenant, under the same terms and conditions as if the said lease were still in full force and effect. No termination of this lease or re-entry by the Landlord for default of the Tenant shall entitle the Tenant to the return of any part of the Deposit, nor shall the retention of such Deposit, after such re-entry, impair or otherwise affect the Tenant's liability to the Landlord during the balance of the term originally provided for. If, at any time, the Deposit shall be diminished below the amounts required by this paragraph (a) or paragraph (c) of this Article TWENTY-SECOND, as applicablediminished, by reason of the Landlord's having applied any part thereof in accordance with the provisions of this paragraph, the Tenant shall pay over to the Landlord, upon demand, the equivalent of such decrease, to be added to the Deposit and to be held and applied in accordance with the provisions of this paragraph.