Common use of Xxxxxxxx Deposit Clause in Contracts

Xxxxxxxx Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1 .7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee~s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Xxxxxxxx Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1 .7 as (a) As security for Lessee's faithful the performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under Tenant upon its execution of this Lease (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or shall pay to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to Landlord the Security Deposit so that in the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth stated in Paragraph 1 .5. Lessor shall not be required to keep Clause 1.F. Landlord may use all or any part of the Security Deposit separate for the payment of any Rent or other sums as to which Tenant may be in default hereunder, or for any sum which Landlord may expend to cure any default of Tenant or by reason of Tenant's default. Upon notice by Landlord of such application, Tenant shall replenish the Security Deposit in full by promptly paying to Landlord the amount so applied within thirty (30) days after written demand therefore. The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any Default by Tenant under this Lease, nor shall it be deemed a bar or defense to any action which Landlord may at any time commence against Tenant. Landlord shall not be required to segregate the Security Deposit from its general accountsother funds and may commingle the Security Deposit with its other funds. Lessor shallXxxxxxxx's obligation respecting the Security Deposit is that of a debtor, at not a trustee; no interest shall accrue thereon. Upon termination of the Lease and so long as all of Tenant's obligations under terms and conditions of this Lease have been fulfilled, Landlord will return Tenant's Security Deposit within thirty (30) days following the later of (a) the expiration or earlier termination of the term hereof Lease Term; or (b) the date that Tenant vacates the Premises in the manner required by this Lease and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee~s interest herein), that portion performs all of the Security Deposit not used covenants required to be performed by Tenant hereunder. In the event this Lease is terminated by or applied by Lessor. Unless otherwise expressly agreed in writing by Lessorupon the default of Tenant, no part of the Security Deposit shall be considered retained by Landlord and applied to Landlord's damages until all such damages are determined, and the balance, if any, shall thereupon be held in trustrefunded to Tenant. Should the Project be sold or transferred, the Security Deposit will be assigned to bear interest the Purchaser or other increment for its use, or transferee upon which Landlord shall be released from all responsibilities as they relate to be prepayment for any monies to be paid by Lessee under this Leasethe Security Deposit.

Xxxxxxxx Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1 .7 as (a) As security for Lessee's faithful the performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under Tenant upon its execution of this Lease (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or shall pay to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to Landlord the Security Deposit so that in the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth stated in Paragraph 1 .5. Lessor shall not be required to keep Clause 1.F. Landlord may use all or any part of the Security Deposit separate for the payment of any Rent or other sums as to which Tenant may be in default hereunder, or for any sum which Landlord may expend to cure any default of Tenant or by reason of Tenant’s default. Upon notice by Landlord of such application, Tenant shall replenish the Security Deposit in full by promptly paying to Landlord the amount so applied within thirty (30) days after written demand therefore. The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any Default by Tenant under this Lease, nor shall it be deemed a bar or defense to any action which Landlord may at any time commence against Tenant. Landlord shall not be required to segregate the Security Deposit from its general accountsother funds and may commingle the Security Deposit with its other funds. Lessor shallLandlord’s obligation respecting the Security Deposit is that of a debtor, at not a trustee; no interest shall accrue thereon. Upon termination of the Lease and so long as all of Tenant’s obligations under terms and conditions of this Lease have been fulfilled, Landlord will return Tenant’s Security Deposit within thirty (30) days following the later of (a) the expiration or earlier termination of the term hereof Lease Term; or (b) the date that Tenant vacates the Premises in the manner required by this Lease and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee~s interest herein), that portion performs all of the Security Deposit not used covenants required to be performed by Tenant hereunder. In the event this Lease is terminated by or applied by Lessor. Unless otherwise expressly agreed in writing by Lessorupon the default of Tenant, no part of the Security Deposit shall be considered retained by Landlord and applied to Landlord’s damages until all such damages are determined, and the balance, if any, shall thereupon be held in trustrefunded to Tenant. Should the Project be sold or transferred, the Security Deposit will be assigned to bear interest the Purchaser or other increment for its use, or transferee upon which Landlord shall be released from all responsibilities as they relate to be prepayment for any monies to be paid by Lessee under this Leasethe Security Deposit.

Xxxxxxxx Deposit. Lessee Tenant shall deliver to Landlord at the time it executes this Lease the security deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1 .7 Section 1.12 as security for Lessee's Xxxxxx’s faithful performance of Lessee's Tenant’s obligations under this Leasehereunder. If Lessee Tenant fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Pxxxxxxxx 0 0. 0 )Lease, Xxxxxx Landlord may use, apply or retain use all or any portion of said Security Deposit deposit for the payment of any amount Base Rent or other charge due Lessor hereunder, to pay any other sum to which Landlord may become obligated by reason of Tenant’s default, or to reimburse or compensate Lessor Landlord for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor Landlord may suffer or incur by reason thereofthereby. If Lessor Landlord so uses or applies all or any portion of said Security Depositdeposit, Lessee Tenant shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor Landlord in an amount sufficient to restore said Security Deposit deposit to the its full amount required by this Leaseamount. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor Landlord shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Xxxxxx performs all of Tenant’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Landlord, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other amount for its use, return to Lessee Tenant (or, at Lessor's Landlord’s option, to the last assignee, if any, of Lessee~s Xxxxxx’s interest herein), that portion hereunder) at the expiration of the Security Deposit Term hereof, and after Xxxxxx has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to said security deposit. Tenant acknowledges that the security deposit is not used an advance payment of any kind or applied by Lessora measure of Landlord’s damages in the event of Tenant’s default. Unless otherwise expressly agreed in writing by Lessor, no part Tenant hereby waives the provisions of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under law which is inconsistent with this Lease.Section. ​

Xxxxxxxx Deposit. Lessee (a) [TBD: Concurrently with the execution of this Lease] Tenant shall deliver to Landlord a security deposit with Lessor upon Lessee's execution hereof (the “Security Deposit”) in the amount of _______________________________ ($________________). The Security Deposit set forth shall be in Paragraph 1 .7 the form of an irrevocable letter of credit (the “Letter of Credit”) and shall be issued by a bank acceptable to Landlord and having a long-term unsecured debt rating of not less than “A” from Standard & Poor's Corporation and in form and substance satisfactory to Landlord. The Security Deposit shall remain in full force and effect during the Term as security for Lessee's faithful the payment by Tenant of the Rent and all other charges or payments to be paid hereunder and the performance of Lessee's the covenants and obligations under this Leasecontained herein, and the Letter of Credit shall be renewed at least thirty (30) days prior to any expiration thereof. If Lessee Tenant fails to pay Base renew the Letter of Credit by such date, time being of the essence, Landlord shall have the right at any time after the thirtieth (30th) day before such expiration date to draw on the Letter of Credit and to deposit the proceeds of the Letter of Credit as a cash security deposit (the “Cash Security Deposit”) in any account for the benefit of Landlord or to declare an Event of Default. The Cash Security Deposit shall not be commingled with other funds of Landlord or other Persons and no interest thereon shall be due and payable to Tenant. (b) If at any time an Event of Default shall have occurred and be continuing, Landlord shall be entitled, at its sole discretion, to draw on the Letter of Credit or to withdraw the Cash Security Deposit from the above-described account and to apply the proceeds in payment of (i) any Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx may use, apply or retain all or any portion of said Security Deposit for the payment of which Tenant shall be in default, (ii) prepaid Basic Rent, (iii) any amount expense incurred by Landlord in curing any default of Tenant, and/or (iv) any other sums due Lessor to Landlord in connection with any default or the curing thereof, including, without limitation, any damages incurred by Landlord by reason of such default, including any rights of Landlord under Paragraph 23 or to reimburse do any combination of the foregoing, all in such order or compensate Lessor priority as Landlord shall so determine in its sole discretion and Tenant acknowledges and agrees that such proceeds shall not constitute assets or funds of Tenant or its estate, or be deemed to be held in trust for any liabilityTenant, costbut shall be, expensefor all purposes, loss the property of Landlord (or damage Lender, to the extent assigned). Tenant further acknowledges and agrees that (including attorneys' fees1) which Lessor may suffer Landlord's application of the proceeds of the Letter of Credit or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Cash Security Deposit to towards the full amount required by this Lease. Any time payment of Basic Rent, Additional Rent or the Base Rent increases during the term reduction of any damages due Landlord in accordance with Paragraph 23 of this Lease, Lessee shallconstitutes a fair and reasonable use of such proceeds, upon written request from Lessorand (2) the application of such proceeds by Landlord towards the payment of Basic Rent, deposit additional monies with Lessor as Additional Rent or any other sums due under this Lease shall not constitute a cure by Tenant of the applicable default provided that an addition to Event of Default shall not exist if Tenant restores the Security Deposit to its full amount within five (5) days and in accordance with the requirements of this Paragraph 3 , so that the total original amount of the Security Deposit shall at all times bear be again on deposit with Landlord. (c) At the same proportion to expiration of the then current Base Rent Term and so long as no Event of Default exists the Letter of Credit or the Cash Security Deposit, as the initial case may be, shall be returned to Tenant. (d) Landlord shall have the right to designate Lender or any other holder of a Mortgage as the beneficiary of the Letter of Credit or the Cash Security Deposit bears during the term of the applicable Loan, and such Lender or other holder of a Mortgage shall have all of the rights of Landlord under this Paragraph 3 . Tenant covenants and agrees to execute such agreements, consents and acknowledgments as may be requested by Landlord from time to time to change the initial Base Rent set forth in Paragraph 1 .5. Lessor shall not be required to keep all or any part holder of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee~s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leaseas hereinabove provided.

Xxxxxxxx Deposit. Lessee Tenant shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1 .7 with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for Lessee's the faithful performance by Tenant of Lessee's obligations under all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord’s damage in case of Tenant’s default. If Tenant defaults with respect to any provision of this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx Landlord may use, apply or retain all or use any portion part of said the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any amount due Lessor which Landlord may spend or become obligated to spend by reason of Tenant’s default, or to reimburse or compensate Lessor Landlord for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor Landlord may suffer or incur by reason thereofof Tenant’s default. If Lessor uses or applies all or any portion of said Security Depositis so used, Lessee Tenant shall within ten five (105) days after written request therefore demand therefor, deposit monies with Lessor Landlord an amount sufficient to restore said the Security Deposit to the full its original amount required by and Tenant’s failure to do so shall be a material breach of this Lease. Any time the Base Rent increases during the term of this LeaseExcept to such extent, Lessee shallif any, upon written request from Lessoras shall be required by law, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor Landlord shall not be required to keep all or any part of the Security Deposit separate from its general accountsfunds, and Tenant shall not be entitled to interest on such deposit. Lessor shallIf Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee~s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit any balance thereof shall be considered returned to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant’s obligations under this LeaseLease have been fulfilled.

Xxxxxxxx Deposit. Lessee 10.1. Tenant shall deposit in cash with Lessor upon Lessee's execution hereof Landlord on or before the Security Deposit Effective Date the sum set forth in Paragraph 1 .7 Section 2.7 (the “Security Deposit”), which sum shall be held by Landlord as security for Lessee's the faithful performance by Tenant of Lessee's obligations under all of the terms, covenants and conditions of this Lease to be kept and performed by Xxxxxx during the Term. If Tenant Defaults with respect to any provision of this Lease. If Lessee fails , including any provision relating to pay Base Rent or other rent or charges due hereunderthe payment of Rent, or otherwise Defaults under this Lease then Landlord may (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx may but shall not be required to) use, apply or retain all or any portion part of said the Security Deposit for the payment of any amount due Lessor Rent or any other sum in default, or to reimburse or compensate Lessor Landlord for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor that Landlord may suffer or incur by reason thereofof Tenant’s default. If Lessor uses or applies all or any portion of said the Security DepositDeposit is so used or applied, Lessee shall then Tenant shall, within ten (10) days after written request therefore following demand therefor, deposit monies cash with Lessor Landlord in an amount sufficient to restore said the Security Deposit to the full amount required by its original amount, and Xxxxxx’s failure to do so shall be a material breach of this Lease. Any time the Base Rent increases during the term The provisions of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit Article shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at survive the expiration or earlier termination of this Lease. 00.0. Xx the term hereof event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and after Lessee has vacated other charges due Landlord for all periods prior to the Premisesfiling of such proceedings. 10.3. Landlord may deliver to any purchaser of Landlord’s interest in the Premises the funds deposited hereunder by Xxxxxx, return and thereupon Landlord shall be discharged from any further liability with respect to Lessee such deposit. This provision shall also apply to any subsequent transfers. 10.4. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, then the Security Deposit, or any balance thereof, shall be returned to Tenant (or, at Lessor's Landlord’s option, to the last assigneeassignee of Tenant’s interest hereunder) within thirty (30) days after the expiration or earlier termination of this Lease; provided, if any, of Lessee~s interest herein)however, that portion Landlord may retain an amount of the Security Deposit, as it shall reasonably determine, to secure the payment of any Rent, the amount of which Landlord is then unable to determine finally (and Landlord shall return any such retained amount to Tenant promptly following the final determination of such Rent amount and the full payment to Landlord of such Rent). 10.5. The Security Deposit shall not used be deemed an advance payment of Rent or applied a measure of Landlord’s damages for any default under this Lease by LessorTenant, nor shall it be a bar or defense to any action that Landlord may at any time commence against Tenant. Unless otherwise expressly agreed in writing by Lessor, no part of the The Security Deposit shall be considered the property of Landlord and Landlord may commingle the Security Deposit with other assets of Landlord or its affiliates and Tenant shall not be entitled to be held in trust, to bear any interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.on the Security Deposit. ​

Xxxxxxxx Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the A Security Deposit set forth in Paragraph 1 .7 as security for Lessee's faithful performance may be required upon the signing of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderapplicable, or otherwise Defaults under this Lease (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear is $_____0_________. The Resident has the same proportion right to have this deposit returned to Resident after the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor shall not be required to keep all or any part termination of the Lease with certain exceptions under state law. Such exceptions include: (a) amounts due to Landlord hereunder; (b) payment of utilities, taxes or other charges; (c) damages caused by Resident(s); or (d) other exceptions provided by law. Upon the expiration or termination of this Lease, Tenant shall provide Landlord, in writing, with Xxxxxx's forwarding address for purposes of sending subsequent notices to Tenant and Tenant's Security Deposit separate from its general accountsDeposit, if any, after deducting any amounts due under this Lease. Lessor shall, at Not more than thirty (30) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisesthis Lease, return to Lessee (or, at Lessor's option, Landlord will mail to the last assigneeResident(s) a written list of any damages to the leased property for which Landlord claims Resident(s) is liable, accompanied by a check or money order for the difference between the sum of the damages claimed and amounts owed to Landlord and the amount of the Security Deposit held by the Landlord, if any. If the damages claimed by Landlord exceed the Security Deposit, of Lessee~s interest herein)Resident(s) shall pay Landlord the excess amount within thirty (30) days after notice thereof. Notwithstanding the foregoing, that Landlord shall not be liable for failing to send the foregoing notice or any portion of the Security Deposit not used or applied by Lessorto the Resident until the Resident supplies Landlord, in writing, with its forwarding address. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered refunded unless Resident provides not less than thirty (30) days’ prior written notice of surrender of the Leased Property. The Security Deposit shall not be a measure or limitation of damages for any default by Resident(s). If any damage occurs prior to be held the termination of this Lease, Resident(s) shall replace the amount, if any, of the Security Deposit used by Landlord to repair such damage. It is expressly understood by the parties that nothing in trust, this Paragraph shall preclude Landlord from refusing to bear interest return the Security Deposit to Resident(s) due to the nonpayment of Rent or other increment breach of this Lease by Resident. The Resident(s) does not have the right to use this Security Deposit as (Resident’s last month’s) rent, unless the Landlord agrees in writing. Landlord reserves the right to assign this Lease to any third party. The assignee shall be responsible for its usereturn of the Security Deposit. If Landlord sells the Community in which the Home is located, or Landlord may transfer the Security Deposit to the new owners of the Community for Resident’s benefit. Landlord shall notify Resident(s) of any such sale and transfer, whereupon Landlord shall be prepayment for any monies released of all liability relating to be paid by Lessee under this Leasethe Security Deposit.

Xxxxxxxx Deposit. Lessee shall Tenant agrees to deposit with Lessor upon Lessee's execution hereof Landlord the Security Deposit set forth in Paragraph 1 .7 at Section 1.8 upon execution of this Lease, as security for Lessee's Tenant’s faithful performance of Lessee's its obligations under this Lease. Landlord and Tenant agree that the Security Deposit may be commingled with funds of Landlord and Landlord shall have no obligation or liability for payment of interest on such deposit. Tenant shall not mortgage, assign, transfer or encumber the Security Deposit without the prior written consent of Landlord and any attempt by Tenant to do so shall be void, without force or effect and shall not be binding upon Landlord. If Lessee Tenant fails to pay Base any Rent or other rent or charges amount when due hereunderand payable under this Lease, or otherwise Defaults under this Lease (as defined in Pxxxxxxxx 0 0. 0 )fails to perform any of the terms hereof, Xxxxxx Landlord may use, appropriate and apply or retain use all or any portion of said the Security Deposit for the Rent payments or any other amount then due and unpaid, for payment of any amount due Lessor for which Landlord has become obligated as a result of Tenant’s default or to reimburse or compensate Lessor breach, and for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor sustained by Landlord as a result of Tenant’s default or breach, and Landlord may suffer so apply or incur use this deposit without prejudice to any other remedy Landlord may have by reason thereofof Tenant’s default or breach. If Lessor Landlord so uses or applies all or any portion of said the Security Deposit, Lessee Tenant shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to demand therefore, restore said the Security Deposit to the full amount required by this Leaseoriginally deposited; Tenant’s failure to do so shall constitute an act of default hereunder and Landlord shall have the right to exercise any remedy provided for in Section 21 hereof. Any time Within fifteen (15) days after the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor shall not be required to keep all Term (or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration extension thereof) has expired or earlier termination of the term hereof and after Lessee Tenant has vacated the Premises, whichever shall last occur, and provided Tenant is not then in default on any of its obligations hereunder, Landlord shall return the Security Deposit to Lessee (Tenant, or, at Lessor's optionif Tenant has assigned its interest under this Lease, to the last assigneeassignee of Tenant. If Landlord sells its interest in the Premises, if any, Landlord may deliver this deposit to the purchaser of Lessee~s Landlord’s interest herein), that portion and thereupon be relieved of any further liability or obligation with respect to the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Xxxxxxxx Deposit. Lessee shall Simultaneously with the execution of this Sublease, Subtenant agrees to deposit with Lessor upon Lessee's execution hereof Sublandlord cash in the amount of $25,000.00 (the "Security Deposit set forth in Paragraph 1 .7 Deposit") as security for Lessee's the full and faithful performance by Subtenant of Lessee's obligations under each and every term, provision, covenant and condition of this LeaseSublease. If Lessee fails to pay Base Rent or other rent or charges due hereunderan Event of Default occurs, or otherwise Defaults under this Lease (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx Sublandlord may use, apply or retain all the whole or any portion part of said the Security Deposit for the payment of any amount sum then due Lessor hereunder or to reimburse which Sublandlord may expend or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor shall not be required to keep all expend by reason of Subtenant's breach including, without limitation, any damages or any part deficiency in the reletting of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee~s interest herein), that portion of the Security Deposit not used whether such damages or applied deficiency shall have accrued before or after re entry by LessorSublandlord. Unless otherwise expressly agreed in writing by Lessor, no part If any of the Security Deposit shall be considered so used, applied or retained by Sub landlord at any time or from time to time, Subtenant shall promptly, in each such instance, within five days of written demand therefor by Sublandlord, pay to Sub landlord such additional sums as may be held in trustnecessary to restore the Security Deposit to the original amount set forth above. If Subtenant shall fully and faithfully comply with all the terms, to bear interest or other increment for its useprovisions, covenants and conditions of this Sublease, the Security Deposit, or the balance thereof, shall be returned to Subtenant after all of the following: (a) the time fixed as the expiration of the Term of this Sublease; (b) the removal of Subtenant from the Premises; (c) the surrender of the Premises by Subtenant to Sublandlord in accordance with this Sublease; and (d) final determination of all amounts payable by Subtenant hereunder and payment of same. If requested in writing by Subtenant, the Security Deposit shall be prepayment for any monies invested by Sub landlord in an interest bearing money market account, and all interest earned thereon shall be deemed part of the Security Deposit. In the ​ absence of evidence satisfactory to be paid by Lessee under Sublandlord of an assignment of the right to receive the Security Deposit or the remaining balance thereof, Sublandlord may return the Security Deposit to the original Subtenant, regardless of one or more assignments of this Lease.Sublease. ​

Xxxxxxxx Deposit. Lessee Simultaneously with the execution of this Lease, Tenant shall deposit with Lessor upon Lessee's execution hereof Landlord the Security Deposit set forth specified in Paragraph 1 .7 12 of the Basic Lease Information. This sum shall be held by Landlord as security for Lessee's the faithful performance by Tenant of Lesseeall of Tenant's obligations under this Lease. If Lessee fails Tenant defaults with respect to pay Base Rent or other rent or charges due hereunderany provision of this Lease, or otherwise Defaults under this Lease including, but not limited to, the provisions relating to the payment of Rent, then Landlord may (as defined in Pxxxxxxxx 0 0. 0 ), Xxxxxx may but is not required to) use, apply apply, or retain all or any portion part of said the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any other amount due Lessor that Landlord may incur by reason of Tenant's default or to reimburse or compensate Lessor Landlord for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor that Landlord may suffer or incur by reason thereofof Tenant's default. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion is used or applied pursuant to the previous sentence, then current Base Rent as Tenant shall, on demand, immediately deposit cash with Landlord in an amount sufficient to restore the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5its original amount. Lessor shall Tenant's failure to do so is a material breach of this Lease. Landlord is not be required to keep all or any part of the Security Deposit separate from its general accountsfunds, and Tenant is not entitled to interest on the Security Deposit. Lessor shallThe Security Deposit is not an advance deposit of Rent or a measure of Landlord's Damages (as defined in this Lease) for purposes of a default by Tenant under this Lease. If Tenant shall fully and faithfully perform all of its obligations under this Lease, at then the expiration Security Deposit or earlier termination any balance of the term hereof and after Lessee has vacated the Premises, return Security Deposit shall be returned to Lessee Tenant (or, at LessorLandlord's option, to the last assigneeassignee of Tenant's interests under this Lease) sixty (60) days after the last to occur of: (i) expiration of the Tenn or earlier termination of the Lease, (ii) payment of all Rent and other sums due under this Lease, (iii) Tenant's surrender of the Premises pursuant to this Lease, and (iv) Landlord's receipt of Tenant's forwarding address. However, even if anyTenant fully and faithfully performs all of its obligations under the Lease, of Lessee~s interest herein), that Landlord may retain all or a portion of the Security Deposit not used or applied in an amount determined by LessorLandlord as necessary to cover any amounts owed by Tenant for Actual Operating Costs incurred during the Term. Unless otherwise expressly agreed If Landlord transfers its interest in writing by Lessorthe Premises and the transferee assumes Landlord's obligations under this Lease, then Landlord may assign the Security Deposit to the transferee, and, after making this assignment, Landlord shall have no part further liability for the return of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Xxxxxxxx Deposit. Lessee shall (a) Tenant shall, upon execution of this Lease, deposit with Lessor upon Lessee's execution hereof Landlord the sum specified in the Basic Lease Information as the Security Deposit set forth in Paragraph 1 .7 (the "Deposit"). The Deposit shall be held by Landlord as security for Lessee's the faithful performance by Tenant of Lessee's obligations under all the provisions of this LeaseLease to be performed or observed by Tenant. If Lessee Tenant fails to pay Base Rent rent or other rent or charges sums due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Pxxxxxxxx 0 0. 0 )Lease, Xxxxxx Landlord may use, apply or retain all or any portion of said Security the Deposit for the payment of any amount due Lessor rent or other sum in default or for the payment of any other sum to which Landlord may become obligated by reason of Tenant's default, or to reimburse or compensate Lessor Landlord for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor Landlord may suffer or incur by reason thereofthereby. If Lessor Landlord so uses or applies all or any portion of said Security the Deposit, Lessee Tenant shall within ten (10) 10 days after written request therefore demand therefor deposit monies cash with Lessor Landlord in an amount sufficient to restore said Security the Deposit to the full amount required by thereof and Tenant's failure to do so shall be a material breach of this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1 .5. Lessor Landlord shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, and Tenant shall not be entitled to interest on the Deposit. (b) Provided that no Event of Default exists as of each such date, and provided further that no Monetary Event of Default shall have occurred prior to such date and that the same non-monetary Event of Default shall not have occurred more often than three (3) times in any twelve (12) month period or more than two (2) times within any succeeding twelve (12) month period, Landlord shall return to Tenant one-third of the Deposit at the expiration or earlier termination end of each of the term hereof twenty-fourth (24th) and after Lessee has vacated the Premises, return to Lessee thirty-sixth (or, at Lessor's option, to the last assignee, if any, of Lessee~s interest herein), that portion 36th) months of the Security Deposit not used or applied by LessorTerm. Unless otherwise expressly agreed in writing by Lessor, no part of the Security The remaining Deposit shall be considered returned to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseTenant within thirty (30) days following the expiration of the Term and satisfaction of all of Tenant’s obligations hereunder.