Common use of Use of Security Deposit Clause in Contracts

Use of Security Deposit. If Tenant breaches or fails to perform any of Tenant’s obligations under this Lease, Landlord shall have the right, but not the obligation, to use or retain all or any part of the Security Deposit to cure the breach or failure of performance, and to compensate Landlord for any damages sustained by Landlord, including, but not limited to payment of: (i) delinquent rent; (ii) interest on delinquent rent; (iii) late charges on delinquent rent; (iv) the cost of performing any of Tenant’s obligations under this Lease; (v) the cost of repairing damages to the Premises; (vi) the cost of cleaning, maintaining, repairing, restoring or reletting the Premises; (vii) attorneys’ and accountants’ fees and disbursements and court costs; (viii) brokerage commissions and finders’ fees; and, (ix) interest on any and all of the above at the “Remedy Rate” from the date due until paid; provided, however, that retention of all or any part of the Security Deposit shall not affect Tenant’s obligations under this Lease or Landlord’s other rights and remedies provided at law, in equity, or under this Lease. If any portion of the Security Deposit is used as provided for in this Section, then within five (5) days after written demand by Landlord, Tenant shall deposit with Landlord sufficient cash to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be an Event of Default under this Lease.

Use of Security Deposit. If Tenant breaches or fails to perform any of Tenant’s 's obligations under this Lease, Landlord shall have the right, but not the obligation, to use or retain all or any part of the Security Deposit to cure the breach or failure of performance, and to compensate Landlord for any damages sustained by Landlord, including, including but not limited to payment of: (i) delinquent rent; (ii) interest on delinquent rent; (iii) late charges on delinquent rent; (iv) the cost of performing any of Tenant’s 's obligations under this Lease; (v) the cost of repairing damages to the Premises; (vi) the cost of cleaning, maintaining, repairing, restoring or reletting the Premises; (vii) attorneys’ ' and accountants’ ' fees and disbursements and court costs; (viii) brokerage commissions and finders’ ' fees; and, (ix) interest on any and all of the above at the “Remedy Rate” Rate (defined in Section 17.3 hereof) from the date due ------------ until paid; provided, however, that retention of all or any part of the Security Deposit shall not affect Tenant’s 's obligations under this Lease or Landlord’s 's other rights and remedies provided at law, in equity, or under this Lease. If any portion of the Security Deposit is used or required as provided for in this Section, then within five (5) days after written demand by Landlord, Tenant shall deposit with Landlord sufficient cash to restore the Security Deposit to its original amount, and amount or establish the Security Deposit. Tenant’s 's failure to do so make this deposit shall be an Event of Default a default under this Lease.

Use of Security Deposit. If Tenant breaches or fails to perform any of Tenant’s obligations under this Lease, Landlord shall have the right, but not the obligation, to use or retain all or any part of the Security Deposit to cure the breach or failure of performance, and to compensate Landlord for any damages sustained by Landlord, including, but not limited to payment of: (i) delinquent rent; (ii) interest on delinquent rent; (iii) late charges on delinquent rent; (iv) the cost of performing any of Tenant’s obligations under this Lease; (v) the cost of repairing damages to the PremisesPremises not covered by Landlord’s insurance; (vi) the cost of cleaning, maintaining, ; repairing, or restoring or reletting the Premises; (vii) attorneys’ and accountants’ fees and disbursements and awarded court costs; (viii) brokerage commissions and finders’ fees; and, (ix) reasonable interest on any and all of the above at the “Remedy Rate” from the date due until paid; provided, however, that retention of all or any part of the Security Deposit shall not affect Tenant’s obligations under this Lease or Landlord’s other rights and remedies provided at law, in equity, or under this Lease. If any portion of the Security Deposit is used as provided for in this Section, then within five (5) business days after written demand by Landlord, Tenant shall deposit with Landlord sufficient cash to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be an Event of Default under this Lease.

Use of Security Deposit. If Tenant breaches or fails to perform any of Tenant’s obligations under this Lease, Landlord shall have the right, but not the obligation, to use or retain all or any part of the Security Deposit to cure the breach or failure of performance, and to compensate Landlord for any damages sustained by Landlord, including, including but not limited to payment of: (ia) delinquent rentRent; (iib) interest on delinquent rentRent; (iiic) late charges on delinquent rentRent; (ivd) the cost of performing any of Tenant’s obligations under this Lease; (ve) the cost of repairing damages to the PremisesPremises or Center; (vif) the cost of cleaning, maintaining, repairing, restoring or reletting the Premises; (viig) attorneys’ attorney’s and accountants’ fees and disbursements and court costs; (viiih) brokerage commissions and finders’ fees; and, (ixi) interest on any and all of the above at the maximum lawful rate (“Remedy Rate” ”) from the date due until paid; provided, however, that retention of all or any part of the Security Deposit shall not affect Tenant’s obligations under this Lease or Landlord’s other rights and remedies provided at law, in equity, or under this Lease; and provided, further, that in the event that Landlord’s elects to apply the Security Deposit or any portion thereof as herein provided, such application and the amounts applied to particular items of cure and/or compensation shall be determined by Landlord in Landlord’s sole and absolute discretion. If any portion of the Security Deposit is used as provided for in this Section, then within five (5) days after written demand by Landlord, Tenant shall deposit with Landlord sufficient cash to restore the Security Deposit to its original amount, and . Tenant’s failure to do so timely restore the Security Deposit shall be an Event of Default a default under this Lease.