Common use of Use and Restoration Clause in Contracts

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.

Appears in 2 contracts

Samples: Lease Agreement (Solid Power, Inc.), Lease Agreement (Encision Inc)

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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 (a1) any Rent in arrears; (b2) any unpaid Taxes and Insurance or expenses (3) any expenses Landlord may incur as a direct or indirect result of Tenant’s failure to perform; and (c4) 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. In such an instance the Landlord may request an addition security deposit from the Tenant after reviewing the Tenant’s financials.

Appears in 1 contract

Samples: Office Lease Agreement (Biovest International Inc)

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 (a1) any Rent in arrears; (b2) any expenses Landlord may incur as a direct or indirect result of Tenant’s 's failure to perform; and (c3) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s '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 receipt the date of Landlord’s '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 's failure to so restore the Security Deposit will constitute a Default. SEE ALSO SECTION 27.3.

Appears in 1 contract

Samples: Sublease Agreement (Xanodyne Pharmaceuticals Inc)

Use and Restoration. If Tenant fails to perform any of its obligations under this LeaseLease beyond applicable notice and cure periods, Landlord may, at its option, use, apply or retain all or any part of the Security Deposit for the payment of (a1) any Rent in arrears; (b2) any expenses Landlord may incur as a direct or indirect result of Tenant’s 's failure to perform; and (c3) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s '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 ten (10) days after the date of Landlord’s '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 's failure to so restore the Security Deposit will constitute a Default.

Appears in 1 contract

Samples: Lease Agreement (Tickets Com Inc)

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 's failure to perform; and (c) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s '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 ten (10) days after the date of Landlord’s '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 's failure to so restore the Security Deposit will constitute a Default.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

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 (a1) any Rent in arrears; (b2) any expenses Landlord may incur as a direct or indirect result of Tenant’s 's failure to perform; and (c3) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s '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 ten (10) days after the date of Landlord’s '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 's failure to so restore the Security Deposit will constitute a Default.

Appears in 1 contract

Samples: Sublease (Pennaco Energy Inc)

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 's failure to perform; and (c) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s '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 '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 's failure to so restore the Security Deposit will constitute a Default.

Appears in 1 contract

Samples: Lease Agreement (Ilx Lightwave Corp)

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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 (a1) any Rent in arrears; (b2) any expenses Landlord may incur as a direct or indirect result of Tenant’s 's failure to perform; and (c3) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s '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 '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 's failure to so restore the Security Deposit will constitute a Default.

Appears in 1 contract

Samples: Lease Agreement (Matria Healthcare Inc)

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 business 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.

Appears in 1 contract

Samples: Lease Agreement (Exelixis, Inc.)

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 's failure to perform; and (c) any other losses or damages Landlord may suffer as a direct or indirect result of Tenant’s '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 '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 's failure to so restore the Security Deposit will constitute a Default.

Appears in 1 contract

Samples: Flex Lease Agreement (Essex Corporation)

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