Use and Restoration. If Tenant fails to perform any of its obligations under this Lease, Landlord may, at its option, use, apply or retain all or any part of the Security Deposit for the payment of (a) any Rent in arrears; (b) any expenses Landlord may incur as a direct or indirect result of Tenant’s failure to perform; and (c) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s failure to perform. If Landlord so uses or applies all or any portion of the Security Deposit, Landlord will notify Tenant of such use or application and Tenant will, within 10 days after the date of Landlord’s notice, deposit with Landlord a sum sufficient to restore the Security Deposit to the amount held by Landlord immediately prior to such use or application. Tenant’s failure to so restore the Security Deposit will constitute a Default.
Use and Restoration. If Tenant shall default in the performance of any of its obligations under this Lease, including, without limitation, the payment of any Base Rent, Additional Rent or other Rent or any other sums payable under this Lease, Landlord may, at its option, use, apply or retain all or any part of the Security Deposit for the payment of (1) any Rent in arrears or any other sums of which Tenant shall be in default, (2) any expenses Landlord may incur as a result of Tenant’s failure to perform any of Tenant’s obligations under this Lease, and (3) any other losses or damages Landlord may suffer as a result of Tenant’s failure to perform any of Tenant’s obligations under this Lease, including, without limitation, any damages or deficiency in the reletting of the Premises, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord. Landlord shall not be required to use, apply or retain the whole or any part of the Security Deposit, but if Landlord shall use or apply all or any portion of the Security Deposit, Tenant shall, within ten (10) Business Days after demand, deposit with Landlord a sum sufficient to restore the Security Deposit to the amount held by Landlord immediately prior to such use or application. Tenant’s failure to so restore the Security Deposit shall constitute an Event of Default.
Use and Restoration. 39 16.3 Transfers......................................................... 39 16.4 Refund............................................................ 40 17. MISCELLANEOUS........................................................... 40
Use and Restoration. Contractor shall perform the on-site Work at the Project Site, subject to any restriction thereon specified in Appendix J, and shall not conduct activities or store equipment or materials unrelated to the Work at the Project Site. Contractor shall restore the Project Site to the final landscape plan and Project Site plan as developed by Contractor and approved by Owner. As soon as practicable after the Substantial Completion Date, Contractor shall clear the Project Site of Construction Aids and surplus materials except as needed for Final Completion. Within 30 days after the Final Completion Date, Contractor shall remove all of its Construction Aids and surplus Materials from the Project Site, except as necessary for Contractor to attend to a warranty claim.
Use and Restoration. If Tenant fails to perform any of its obligations under this Lease beyond applicable notice and cure periods (unless transmittal of notice of a default of the Lease by Tenant is barred by applicable Laws, in which case no such notice or cure period will be required with respect to such default), Landlord may, at its option, use, apply or retain all or any portion of the Letter of Credit proceeds for the payment of (a) any Rent in arrears; (b) any expenses Landlord may incur as a direct or indirect result of Tenant’s failure to perform; and (c) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s failure to perform its obligations under this Lease. If Landlord so uses or applies all or any portion of the Letter of Credit, Landlord shall notify Tenant of such use or application in writing, and Tenant will, within five business days after its receipt of Landlord’s notice, restore the Letter of Credit to the amount required under this Lease. Tenant’s failure to so restore the Letter of Credit will constitute a Default by Tenant without an additional notice or cure period.
Use and Restoration. 27 22.3 TRANSFERS..................................................... 28 22.4 REFUND........................................................ 28
Use and Restoration. If Tenant fails to perform any of its obligations under this Lease beyond applicable cure periods, Landlord may, at its option, use, apply or retain all or any portion of the Letter of Credit proceeds for the payment of (a) any Rent in arrears; (b) any expenses Landlord may incur as a result of Tenant’s failure to perform; and (c) any other losses or damages (except punitive, special or indirect damages) Landlord may suffer as a result of Tenant’s failure to perform its obligations under this Lease. If Landlord so uses or applies all or any portion of the Letter of Credit, Landlord may notify Tenant of such use or application, and Tenant will, within five business days after the date of Landlord’s notice, restore the Letter of Credit to the amount required under this Lease. Tenant’s failure to so restore the Letter of Credit will constitute a Default by Tenant without an additional notice or cure period.
Use and Restoration. Upon the occurrence of an Event of Default by Tenant under this Lease, Landlord may, at its option, use, apply or retain all or any part of the Security Deposit for the payment of (1) any Rent in arrears; (2) any expenses Landlord may incur as a direct or indirect result of Tenant's failure to perform; and (3) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant's failure to perform. If Landlord so uses or applies all or any portion of the Security Deposit, Landlord will notify Tenant of such use or application and Tenant will, within 10 days after the date of Landlord's notice, deposit with Landlord a sum sufficient to restore the Security Deposit to the amount held by Landlord immediately prior to such use or application. Tenant's failure to so restore the Security Deposit within 30 days after deliver of Landlord's written demand therefor will constitute an Event of Default.
Use and Restoration. Contractor shall confine the portions of the Work to be conducted at the Facility Site to the Facility Site, subject to any restriction thereon specified in Appendix S, and shall not conduct activities or store equipment or materials unrelated to the Work at the Facility Site. Contractor shall restore the Facility Site to the final landscape plan and Facility Site plan, each as provided in Appendix A. As soon as practicable after the Substantial Completion Date for a Unit, Contractor shall clear the portion of Facility Site relating to such Unit of Construction Aids and surplus materials except as needed for Final Completion. Within ninety (90) Days after the Final Completion Date, Contractor shall remove all of its Construction Aids and surplus Materials from the Facility Site, except as necessary for Contractor to attend to a warranty claim.
Use and Restoration. If Tenant fails to perform any of its obligations under this Lease, Landlord may, at its option, use, apply or retain all or any part of the Security Deposit for the payment of (1) any Rent in arrears; (2) any expenses Landlord may incur as a direct or indirect result of Tenant's failure to perform; and (3) any
