Use and Return of Deposit. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, then Landlord at its option may appropriate and apply said entire deposit, or so much thereof as may be necessary, to compensate the Landlord for loss or damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said deposit to its prior level and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a default under this Lease. At the expiration or early termination of this Lease, said deposit shall be returned to Tenant in full upon the later of (i) delivery by Tenant of the Leased Premises in good order and condition and in compliance with all of the provisions of this Lease and (ii) full payment of all rents, additional rents and other sums due and owing hereunder (including, without limitation, any and all year end adjustments to additional rents owed by Tenant through the expiration or earlier termination of the Lease calculated by Landlord in accordance with the terms of this Lease). In the event of a permitted assignment or sublet of the Leased Premises, Landlord shall continue to hold the deposit as if no such assignment or sublet had taken place, and the Tenant and assignee/sublessee shall look to each other for the settlement of same, it being understood and agreed that any portion of the deposit to be returned in accordance with this Section, shall be returned to the Tenant in possession at the end of this Lease. Tenant and its successors and assigns shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, suits, actions, judgments, costs and obligations, including reasonable attorneys' fees in connection therewith. INTIALS: LANDLORD RB TENANT DL
Use and Return of Deposit. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid or in the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, then Landlord may, at its option (but Landlord shall not be required to) appropriate and apply all or any portion of said deposit to the payment of any such overdue rent or other sum as shall be necessary to compensate the Landlord for all loss or damage sustained or suffered by Landlord due to the breach of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable by Tenant hereunder, then Tenant shall upon the written demand of Landlord forthwith remit to Landlord a sufficient amount in a cashier's check to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at the expiration of the term of this Lease.
Use and Return of Deposit. If Tenant fails to keep and perform any of the terms, covenants and conditions of this Lease beyond any applicable cure period, then Landlord at its option may apply said deposit, or so much thereof as may be necessary to compensate Landlord for loss or damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be so applied by Landlord, then Tenant will, upon Landlord’s demand, forthwith remit to Landlord a sufficient sum to restore said security to the original sum deposited, and Tenant’s failure to do so within ten (10) days after receipt of such demand will constitute a breach of this Lease. Should Tenant comply with all of said terms, covenants and conditions and promptly pay all of the rents herein provided for as they fall due, and all other sums payable by Tenant hereunder, said deposit will be returned in full to Tenant at the end of the term of this Lease.
Use and Return of Deposit. In the event of the failure of Tenant to abide by any of the terms, covenants and conditions of this Lease, then Landlord, at its option, may use any amount of the Security Deposit to compensate Landlord for any loss or damage sustained or suffered due to such failure by Tenant. The entire Security Deposit, or any portion thereof, may also be applied by Landlord to the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder. In this event, Tenant, upon the written demand of Landlord, shall immediately remit to Landlord a sufficient amount in the form of a cashier’s check to restore the Security Deposit to the original sum deposited. Failure to do so within five (5) days after such demand shall constitute a material breach of this Lease. Should Tenant comply with all of the terms, covenants and conditions of this Lease and promptly pay when due all of the Rent and all other sums payable by Tenant to Landlord, the Security Deposit will be returned to Tenant in accordance with applicable law.
Use and Return of Deposit. In the event of the failure of Tenant to abide by any of the terms, covenants and conditions of this Lease, then Owner, at its option, may use any amount of the Security Deposit to compensate Owner for any loss or damage sustained or suffered due to such failure by Tenant. The entire Security Deposit, or any portion thereof, may also be applied by Owner to the payment of overdue rent or other sums due and payable to Owner by Tenant hereunder. In this event, Tenant, upon the written demand of Owner, shall immediately remit to Owner a sufficient amount in the form of a cashier’s check to restore the Security Deposit to the original sum deposited. Failure to do so within five (5) business days after such demand shall constitute a material breach of this Lease. Should Tenant comply with all of the terms, covenants and conditions of this Lease and promptly pay when due all of the Rent and all other sums payable by Tenant to Owner, the Security Deposit will be returned to Tenant in accordance with applicable law.
Use and Return of Deposit. In the event of the failure of Lessee to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Lessee, then the Lessor, at its option, may appropriate and apply the Deposit or so much thereof as Lessor may deem necessary, to compensate the Lessor all reasonable loss, cost, expense or damage sustained or suffered by Lessor due to such default or failure on the part of the Lessee. Should the entire Deposit, or any portion thereof, be appropriated and applied by Lessor as permitted hereby, then Lessee shall, upon the demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to the original sum deposited, and Lessee's failure to do so within five (5) days after receipt of such demand shall constitute a default of this Lease. Should Lessee comply with all of said terms, covenants and conditions and promptly pay all of the Rent and additional rent herein provided for as it falls due, and all other sums payable by Lessee to Lessor hereunder, the Deposit shall be returned in full to Lessee within a reasonable time following the expiration of the term of this Lease, or the earlier termination hereof.
Use and Return of Deposit. Should Tenant fail to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant, and Landlord elects to terminate this Lease, as provided in this Lease, Landlord may appropriate and apply said entire deposit, or so much thereof as may be necessary, to compensate Landlord for loss or damage sustained by Landlord due to such breach, without prejudice to its further rights and remedies. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due from Tenant hereunder, and Landlord elects not to terminate this Lease, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said deposit to the original sum deposited. Should Tenant comply with all the terms, covenants and conditions of this Lease, the said Security Deposit shall be returned in full to Tenant at the end of the original 20-year term of this Lease or upon its earlier termination.
Use and Return of Deposit. IN THE EVENT OF THE FAILURE OF TENANT TO KEEP AND PERFORM ANY OF THE TERMS, COVENANTS AND CONDITIONS OF THIS LEASE TO BE PERFORMED BY TENANT, THEN THE OWNER AT ITS OPTION MAY, AFTER TERMINATING THIS LEASE, APPROPRIATE AND APPLY SAID ENTIRE DEPOSIT, OR SO MUCH THEREOF AS MAY BE NECESSARY, TO COMPENSATE THE OWNER FOR ALL LOSS OR DAMAGE SUSTAINED OR SUFFERED BY OWNER DUE TO SUCH BREACH ON THE PART OF TENANT. SHOULD THE ENTIRE DEPOSIT, OR ANY PORTION THEREOF, BE APPROPRIATED AND APPLIED BY OWNER FOR THE PAYMENT OF OVERDUE RENT OR OTHER SUMS DUE AND PAYABLE TO OWNER BY TENANT HEREUNDER, THEN TENANT SHALL, UPON THE WRITTEN DEMAND OF OWNER, FORTHWITH REMIT TO OWNER A SUFFICIENT AMOUNT OF CASH TO RESTORE SAID SECURITY TO THE ORIGINAL SUM DEPOSITED, AND TENANT'S FAILURE TO DO SO WITHIN FIVE (5) DAYS AFTER RECEIPT OF SUCH DEMAND SHALL CONSTITUTE A BREACH OF THIS LEASE. SHOULD TENANT COMPLY WITH ALL OF SAID TERMS, COVENANTS, AND CONDITIONS AND PROMPTLY PAY ALL OF THE RENTAL HEREIN PROVIDED FOR AS IT FALLS DUE, AND ALL OTHER SUMS PAYABLE BY TENANT TO OWNER HEREUNDER, THE SAID DEPOSIT SHALL BE RETURNED IN FULL TO TENANT AT THE END OF THE TERM OF THIS LEASE, OR UPON THE EARLIER TERMINATION OF THIS LEASE.
Use and Return of Deposit. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid or in the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, then Landlord may after five (5) days written notice to tenant of the reason and Tenant failing to cure same, at its option (but Landlord shall not be required to) appropriate and apply all or any portion of said deposit to the payment of any such overdue rent or other sum or so much thereof as shall be necessary to compensate the Landlord for all loss or damage sustained or suffered by Landlord due to the breach of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable by Tenant hereunder, then Tenant shall, upon the written demand of Landlord forthwith remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at the expiration of the term of this Lease. The security deposit shall not be deemed last month's rent. 5.3
Use and Return of Deposit. If any of the Rents herein reserved to Landlord shall be overdue and unpaid or should Landlord makE payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof appropriate and apply the entire Deposit (or so much thereof as may be necessary to compensate Landlord) toward the payment of Rent or other charges due Landlord, or loss or damage sustained by Landlord due to such breach on the part of Tenant. Tenant shall forthwith upon demand restore the Deposit to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the Rents as they fall due, the Deposit shall be returned in. full to Tenant at the end of the term.
