Common use of Use and Return of Deposit Clause in Contracts

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 Rent shall be overdue and unpaid, or any other sum payable to Landlord by Tenant hereunder shall be overdue and unpaid, Landlord may (but shall not be required to) appropriate any portion of the Security Deposit to the payment of any such overdue Rent or other sum. 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 TenantLease, then Landlord at its option may appropriate and apply said the entire depositSecurity Deposit, or so much thereof as may be necessary, to compensate the Landlord for all loss or damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire depositSecurity Deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent 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 security to its prior level the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a default under breach of this Lease. At Should Tenant comply with all of said terms, covenants and conditions and promptly pay all of the expiration Rent as it becomes due, and all other sums payable to Landlord by Tenant hereunder, the Security Deposit shall be returned in full to Tenant at the end of the term of this Lease, or early upon the earlier 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 together 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 interest thereon at the end rate 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 DL3.4% per annum.

Use and Return of Deposit. If at any time during the term of this Lease any Rent shall be overdue and unpaid, or any other sum payable to Landlord by Tenant hereunder shall be overdue and unpaid, Landlord may (but shall not be required to) appropriate any portion of the Security Deposit to the payment of any such overdue Rent or other sum. 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 TenantLease, then Landlord at its option may appropriate and apply said the entire depositSecurity Deposit, or so much thereof as may be necessary, to compensate the Landlord for all loss or damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire depositSecurity Deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent Rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon upon, the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said deposit security to its prior level the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a default under breach of this Lease. At Should Tenant comply with ail of said terms, covenants and conditions and promptly pay ail of the expiration Rent as it becomes due, and all other sums payable to Landlord by Tenant hereunder, the Security Deposit shall be returned in full to Tenant at the end of the term of this Lease, or early upon the earlier 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 together 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 interest thereon at the end rate 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 DL3.4% per annum.

Use and Return of Deposit. In 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 may (but Landlord shall not be required to) appropriate and apply all or any portion of said entire deposit, deposit to the payment of any such overdue rent or other sum or so much thereof as may shall be necessary, necessary to compensate the Landlord for all loss or damage sustained or suffered by Landlord due to such the 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, Landlord forthwith remit to Landlord a sufficient amount in cash to restore said deposit security to its prior level the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a default under breach of this Lease. At the expiration or early termination If Tenant shall fully and faithfully perform every provision of this LeaseLease to be performed by it, said deposit the Security Deposit or any balance thereof shall be returned to Tenant in full upon at the later of (i) delivery by Tenant expiration 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 term of this Lease. Tenant and its successors and assigns The security deposit 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 DLnot be deemed last month's rent.

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, (after expiration of all applicable grace periods granted to Tenant under the Lease, provided however that at the end of the Lease Term or the renewal term as the case may be, any grace periods shall be deemed to expire not later than five (5) business days prior to the end of the Lease Term or Renewal Term), then Landlord the Landlord, at its option option, may appropriate and apply said entire depositSecurity Deposit, or so much thereof as Landlord may be deem necessary, to compensate the Landlord for all loss or damage sustained or suffered by Landlord due to such breach default or failure on the part of Tenant. Should the entire depositSecurity Deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent Base Rent or Additional 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 Security Deposit to its prior level the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a default under of this Lease. At Should Tenant comply with all of said terms, covenants and conditions and promptly pay all of the expiration or early termination Base Rent and Additional Rent herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, the said Security Deposit shall be returned in full to Tenant at the end of the term of this Lease, said deposit shall be returned to Tenant in full or 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 hereof. Should Landlord in accordance with the terms of this Lease). In the event of a permitted assignment sell or sublet of otherwise transfer the Leased Premises, then Landlord shall continue transfer the Security Deposit posted by Tenant to hold the deposit as if no such transferring and requiring that such transferee execute an 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 assumption 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 Lease Term, any Base Rent or Additional Rent shall be overdue and unpaid, then Landlord may, at Landlord’s option (but Landlord shall not be required to), appropriate and apply any portion of said Security Deposit to the payment of any such overdue Base Rent or Additional Rent. 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 TenantLease, then Landlord Landlord, at its option option, may appropriate and apply said entire depositSecurity 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 depositSecurity Deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent Base Rent or Additional 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 security to its prior level and the original sum deposited. Tenant's ’s failure to do so within five (5) business days after receipt of such demand shall constitute a default breach of this Lease. Should Tenant comply with all of said terms, covenants and conditions, and promptly pay all Base Rent, Additional Rent and other sums payable by Tenant under this Lease. At , then the expiration Security Deposit shall be returned in full to Tenant at the end of the Lease Term, or early upon the earlier 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. In the event of the failure of Tenant to pay any rent or other sum when due hereunder or to keep and perform any of the termsother term, covenants and conditions covenant or condition of this Lease to be kept and performed by Tenant, then at the option of Landlord at its option may said Landlord may, either with or without terminating this Lease, appropriate and apply said entire deposit, or so much thereof as may be necessary, necessary to compensate the payment of any such overdue rent or other sum or to the compensation of Landlord for all 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 security to its prior level the original sum deposited and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a default under breach of this Lease. At The security deposit, which is the expiration property of Landlord, will be returned without interest to Tenant (or early in the event Tenant's interest hereunder shall have been assigned with Landlord's consent, to such assignee) less any depletion because of default on the part of Tenant or such assignee, within thirty (30) days after written request by Tenant following the end of the term of this Lease or any renewal thereof or upon the earlier 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. 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 the Lessor, at its option may appropriate and apply said entire deposit, or so much thereof as may be necessary, to compensate the Landlord Lessor for loss or damage sustained or suffered by Landlord Lessor due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord Lessor for the payment of overdue rent or other sums due and payable to Landlord Lessor by Tenant hereunder, then Tenant shall, upon the written demand of LandlordLessor, forthwith remit to Landlord a Lessor sufficient amount in cash to restore said deposit security to its prior level the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a default under breach of this Lease. At Should Tenant comply with all of said terms, covenants and conditions and promptly pay all of the expiration rental herein provided for as it falls due, and all other sums payable by Tenant to Lessor hereunder, the said deposit shall be returned in full to Tenant at the end of the term of this Lease or early upon the earlier termination of this Lease, said deposit shall be returned to Tenant in full upon or within sixty (60) days after the later of (i) delivery by Tenant end 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 term of this Lease); provided, however, that Lessor, in Lessor's reasonable discretion shall hold a portion of the deposit in reserve, until such time as Tenant's share of the additional rent for the last Lease Year has been determined by Lessor. In the event of a permitted assignment or sublet that Tenant's share of the Leased Premisesadditional rent exceeds the reserve, Landlord then Tenant shall continue promptly remit to hold Lessor 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 DLdifference within ten (10) days after Lessor generates an invoice therefor.

Use and Return of Deposit. If at any time during the term of this ------------------------- Lease any of rent herein reserved shall be overdue and unpaid, or any other sum payable to Landlord by Tenant hereunder shall be overdue and unpaid, then Landlord may at the option of Landlord (but Landlord shall not be required to), appropriate and apply any portion of said deposit to the payment of any such overdue rent or other sum. 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 TenantLease, 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 all 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, shall upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said deposit security to its prior level the original sum deposited, and Tenant's failure to do so within five ten (510) days after receipt of such demand shall constitute a default under breach of this Lease. At Should Tenant comply with all of said terms, covenants and conditions and promptly pay all of the expiration rental herein provided for as it becomes due, and all other sums payable to Landlord by Tenant hereunder, the said deposit shall be promptly returned in full to Tenant at the end of the term of this Lease, or early upon the earlier 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.  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 DLDL