Common use of Lease Deposit Clause in Contracts

Lease Deposit. Upon the execution hereof, Lessor shall loan Lessee an amount equal to twenty-five percent (25%) of the first full year's Base Rent (the "Lease Deposit"). The Lease Deposit shall be held by Lessor as security for the performance by Lessee of Lessee's covenants and obligations under the Lease. The Lease Deposit shall not be considered an advance payment of rental or a measure of Lessor's damages in case of default by Lessee. Lessor may, from time to time, without prejudice to any other remedy, use the proceeds thereof to make good any arrearages of Rent, to satisfy any other covenant or obligation of Lessee hereunder or to compensate Lessor for any other loss or damage which Lessor may suffer by reason of any default by Lessee. Following any such use of the Lease Deposit by the Lessor, Lessee shall deliver to Lessor on demand an amount sufficient to restore the aggregate amount held by Lessor, not including any interest earned on the Lease Deposit, to the amount of the original Lease Deposit. If Lessee is not in default at the termination of the Lease, and has complied with all of the provisions of this Lease to be performed by Lessee, including surrender of the Leased Property in accordance with the provisions hereof and has repaid the loan of the Lease Deposit, the Lease Deposit, not including any interest earned on such Lease Deposit, shall be returned by Lessor to Lessee, subject to any draws which have previously been made by Lessor against the Lease Deposit and not replenished by the Lessee. Lessee will not assign or encumber Lessee's interest in the Lease Deposit, and neither Lessor nor Lessor's successors or assigns will be bound by any such attempted assignment or encumbrance of the Lease Deposit. Any interest earned on the Lease Deposit will be for the sole benefit of the Lessor and shall not in any way reduce any amounts owed by Lessee under the terms hereof.

Lease Deposit. Upon the execution hereof, Lessor shall loan Lessee an amount equal to twenty-five percent (25%) of the first full year's Base Rent (the "Lease Deposit"). The Lease Deposit shall be held deposited by Lessor as security for the performance by Lessee Tenant with Landlord in accordance with Section 1.2(bb) of Lessee's covenants and obligations under the this Lease. The Lease Deposit shall serve as security for the payment and performance of the obligations, covenants, conditions and agreements contained herein. The Lease Deposit shall not be considered constitute an advance payment of rental or any amounts owed by Tenant under this Lease, nor a measure of Lessor's damages in case to which Landlord shall be entitled upon a breach of default this Lease by LesseeTenant or upon termination of this Lease nor any other limitation on Landlord’s damages or other rights under this Lease nor as a payment of liquidated damages. Lessor Landlord may, from time to time, without prejudice to any other remedy, use the proceeds thereof Lease Deposit to make good the extent necessary to remedy any arrearages default which has lapsed beyond the applicable notice and cure period in the payment of Rent, Base Rent or Additional Rent or to satisfy any other covenant or obligation of Lessee Tenant hereunder or and to compensate Lessor for remedy any other loss or damage which Lessor may suffer by reason Event of Default hereunder. In the event that any default by Lessee. Following any such use portion of the Lease Deposit is used by the LessorLandlord as set forth herein, Lessee Tenant shall deliver to Lessor promptly, on demand an amount sufficient to demand, restore the aggregate amount held by Lessor, not including any interest earned on Lease Deposit to its original amount. Landlord shall keep the Lease DepositDeposit separate from its own funds in a separately segregated, interest bearing account. The Lease Deposit shall not be a limitation on Landlord’s damages or other rights under this Lease, or a payment of liquidated damages, or an advance payment of the Base Rent. Landlord shall return the unused portion of the Lease Deposit to Tenant within thirty (30) days after the end of the Term. If Landlord transfers its interest in the Premises during the Term, Landlord shall assign the Lease Deposit to the amount transferee who shall become obligated to Tenant for its return pursuant to the terms of the original Lease Deposit. If Lessee is not in default at the termination of the this Lease, and has complied with all of the provisions of this Lease to be performed by Lesseethereafter Landlord shall have no further liability for its return, including surrender of the Leased Property provided assignee shall assume such obligations in accordance with the provisions hereof and has repaid the loan of the Lease Deposit, the Lease Deposit, not including any interest earned on such Lease Deposit, shall be returned by Lessor to Lessee, subject to any draws which have previously been made by Lessor against the Lease Deposit and not replenished by the Lessee. Lessee will not assign or encumber Lessee's interest in the Lease Deposit, and neither Lessor nor Lessor's successors or assigns will be bound by any such attempted assignment or encumbrance of the Lease Deposit. Any interest earned on the Lease Deposit will be for the sole benefit of the Lessor and shall not in any way reduce any amounts owed by Lessee under the terms hereofwriting.

Lease Deposit. Upon (a) Tenant shall pay to Landlord on the execution hereof, Lessor shall loan Lessee an Commencement Date a security deposit in the amount equal to twentyof Six Million Seven Hundred Twenty-five percent Two Thousand Nine Hundred Forty and No/100 Dollars (25%$6,722,940.00) of the first full year's Base Rent ([the "Lease Deposit")]. The Lease Deposit shall be held by Lessor Landlord as security for the performance by Lessee Tenant of LesseeTenant's covenants and obligations under the this Lease. The Lease Deposit shall not be considered an advance payment of rental or a measure of LessorLandlord's damages in case of default by LesseeTenant. Lessor Landlord may, from time to time, without prejudice to any other remedy, use the proceeds thereof to make good any arrearages of Rent, to satisfy any other covenant or obligation of Lessee Tenant hereunder or to compensate Lessor Landlord for any other loss or damage which Lessor Landlord may suffer by reason of any default by LesseeTenant. Following any such use of the Lease Deposit by the LessorLandlord, Lessee Tenant shall deliver to Lessor Landlord on demand an amount sufficient to restore the aggregate amount held by Lessor, not including any interest earned on the Lease Deposit, Landlord to the amount of the original Lease Deposit. If Lessee Tenant is not in default at the termination of the this Lease, and has complied with all of the provisions of this Lease to be performed by LesseeTenant, including surrender of the Leased Property in accordance with the provisions hereof and has repaid the loan of the Lease Deposithereof, the Lease Deposit, not including any interest earned on such Lease Deposit, Deposit shall be returned by Lessor Landlord to LesseeTenant, subject to any draws which have previously been made by Lessor Landlord against the Lease Deposit and not replenished by the LesseeTenant. Lessee Tenant will not assign or encumber LesseeTenant's interest in the Lease Deposit, and neither Lessor Landlord nor LessorLandlord's successors or assigns will be bound by any such attempted assignment or encumbrance of the Lease Deposit. Any Landlord is not required to hold the Lease Deposit in an interest bearing account; however in the event Landlord, at its sole election, shall hold the Lease Deposit in an interest bearing account; any interest earned on the Lease Deposit will be for the sole benefit of the Lessor Landlord and shall not in any way reduce any amounts owed by Lessee Tenant under the terms hereof. Except as otherwise provided under applicable law, Landlord may co-mingle the Lease Deposit with other funds of Landlord.

Lease Deposit. Upon (a) Tenant shall pay to Landlord on the execution hereof, Lessor shall loan Lessee Commencement Date a security deposit in an amount equal to twentyten and one-five half percent (2510.5%) of the first full year's Base Rent Total Development Costs (as defined in and determined under the Pre-Construction Sublease) [the "Lease Deposit")]. The Lease Deposit shall be held by Lessor Landlord as security for the performance by Lessee Tenant of LesseeTenant's covenants and obligations under the this Lease. The Lease Deposit shall not be considered an advance payment of rental or a measure of LessorLandlord's damages in case of default by LesseeTenant. Lessor Landlord may, from time to time, without prejudice to any other remedy, use the proceeds thereof to make good any arrearages of Rent, to satisfy any other covenant or obligation of Lessee Tenant hereunder or to compensate Lessor Landlord for any other loss or damage which Lessor Landlord may suffer by reason of any default by LesseeTenant. Following any such use of the Lease Deposit by the LessorLandlord, Lessee Tenant shall deliver to Lessor Landlord on demand an amount sufficient to restore the aggregate amount held by Lessor, not including any interest earned on the Lease Deposit, Landlord to the amount of the original Lease Deposit. If Lessee Tenant is not in default at the termination of the this Lease, and has complied with all of the provisions of this Lease to be performed by LesseeTenant, including surrender of the Leased Property in accordance with the provisions hereof and has repaid the loan of the Lease Deposithereof, the Lease Deposit, not including any interest earned on such Lease Deposit, Deposit shall be returned by Lessor Landlord to LesseeTenant, subject to any draws which have previously been made by Lessor Landlord against the Lease Deposit and not replenished by the LesseeTenant. Lessee Tenant will not assign or encumber LesseeTenant's interest in the Lease Deposit, and neither Lessor Landlord nor LessorLandlord's successors or assigns will be bound by any such attempted assignment or encumbrance of the Lease Deposit. Any Landlord is not required to hold the Lease Deposit in an interest bearing account; however in the event Landlord, at its sole election, shall hold the Lease Deposit in an interest bearing account; any interest earned on the Lease Deposit will be for the sole benefit of the Lessor Landlord and shall not in any way reduce any amounts owed by Lessee Tenant under the terms hereof. Except as otherwise provided under applicable law, Landlord may co-mingle the Lease Deposit with other funds of Landlord.

Lease Deposit. Upon the execution hereof, Lessor shall loan Lessee an amount equal to twenty-five percent (25%) of the first full year's Base Rent (the "Landlord and Tenant acknowledge that there is no initial Lease Deposit"); provided, however, the terms and conditions of this Section 6.5 shall apply to any amounts required to be posted by Tenant under this Lease that are referred to as a “Lease Deposit” or “additional Lease Deposit”, including, but not limited to Section 5.3(c) above. The Lease Deposit shall be held by Lessor serve as security for the payment and performance by Lessee of Lessee's covenants the obligations, covenants, conditions and obligations under the Leaseagreements contained herein. The Lease Deposit shall not be considered constitute an advance payment of rental any amounts owed by Tenant under this Lease, or a measure of Lessor's damages in case to which Landlord shall be entitled upon a breach of default this Lease by LesseeTenant or upon termination of this Lease. Lessor Landlord may, from time to time, without prejudice to any other remedy, use the proceeds thereof Lease Deposit to make good the extent necessary to remedy any arrearages default which has lapsed beyond applicable notice and cure period in the payment of Rent, Base Rent or Additional Rent or to satisfy any other covenant or obligation of Lessee Tenant hereunder or and to compensate Lessor for remedy any other loss or damage which Lessor may suffer by reason Event of Default hereunder. In the event that any default by Lessee. Following any such use portion of the Lease Deposit is used by the LessorLandlord as set forth herein, Lessee Tenant shall deliver to Lessor promptly, on demand an amount sufficient to demand, restore the aggregate amount held by LessorLease Deposit to its original amount. The Lease Deposit will not be a limitation on Landlord’s damages or other rights under this Lease, not including any interest earned on or a payment of liquidated damages, or an advance payment of the Base Rent. Landlord shall return the unused portion of the Lease DepositDeposit to Tenant within thirty (30) days after the end of the Term. If Landlord transfers its interest in the Premises during the Term, Landlord shall assign the Lease Deposit to the amount transferee who shall become obligated to Tenant for its return pursuant to the terms of the original Lease Deposit. If Lessee is not in default at the termination of the this Lease, and has complied with all of the provisions of this Lease thereafter Landlord shall have no further liability for its return, provided transferee shall assume such obligations in writing to be performed by Lessee, including surrender of the Leased Property in accordance with the provisions hereof and has repaid the loan of the Lease Deposit, the Lease Deposit, not including any interest earned on such Lease Deposit, shall be returned by Lessor to Lessee, subject to any draws which have previously been made by Lessor against the Lease Deposit and not replenished by the Lessee. Lessee will not assign or encumber Lessee's interest in the Lease Deposit, and neither Lessor nor Lessor's successors or assigns will be bound by any such attempted assignment or encumbrance of the Lease Deposit. Any interest earned on the Lease Deposit will be for the sole benefit of the Lessor and shall not in any way reduce any amounts owed by Lessee under the terms hereofTenant.

Lease Deposit. Upon Tenant shall deposit with Landlord on the execution hereofdate Tenant executes and delivers this Lease to Landlord, Lessor the cash sums or Letter of Credit set forth in the Schedule for both Prepaid Rent and Security Deposit (collectively, the “Lease Deposit”). The Prepaid Rent shall loan Lessee an amount equal to twenty-five percent (25%) of be applied by Landlord against the first full year's month’s Base Rent (the "Lease Deposit")payment obligation hereunder. The Lease Security Deposit shall be held by Lessor Landlord as security for the performance by Lessee of Lessee's covenants and all of its obligations in the amount set forth on the Schedule. If Tenant defaults under this Lease, Landlord may apply all or any part of the Lease. The Lease Deposit shall not be considered an advance for the payment of rental any Rent or a measure other sum in default, the repair of Lessor's damages in case any damage to the Premises caused by Tenant or the payment of default by Lessee. Lessor may, from time to time, without prejudice to any other remedy, use the proceeds thereof amount which Landlord may spend or become obligated to make good any arrearages spend by reason of Rent, to satisfy any other covenant or obligation of Lessee hereunder Tenant’s default or to compensate Lessor Landlord for any other loss or damage which Lessor Landlord may suffer by reason of Tenant’s default to the full extent permitted by law. Tenant hereby waives any restriction on the use or application of the Security Deposit by Landlord as set forth in California Civil Code Section 1950.7. To the extent any portion of the Security Deposit is used, Tenant shall within five (5) days after demand from Landlord restore the Security Deposit to its full amount. No trust relationship is created herein between Landlord and Tenant with respect to the security deposit. Landlord may keep the Security Deposit in its general funds and shall not be required to pay interest to Tenant on the deposit amount. If Tenant shall perform all of its obligations under this Lease and return the Premises to Landlord at the end of the Term, Landlord shall return all of the remaining Security Deposit to Tenant within thirty (30) days after the end of the Term provided, however, that Landlord may retain the Security Deposit as security for the payment of any adjustment in rent or additional rent following an expiration or termination of the Lease, and, upon such adjustment apply the retained Security Deposit against the amount due Landlord. The Security Deposit shall not serve as an advance payment of Rent or a measure of Landlord’s damages for any default by Lesseeunder this Lease. Following any If Landlord transfers its interest in the Project or this Lease, Landlord shall transfer the Security Deposit to its transferee. Upon such use transfer, Landlord shall have no further obligation to return the Security Deposit to Tenant, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. With respect to the entire amount or a portion of the Lease Deposit by to be maintained in the Lessorform of a letter of credit, Lessee Tenant shall deliver to Lessor Landlord an unconditional, clean, irrevocable letter of credit (the “L-C”), with an expiration date not earlier than twelve (12) months after the date of issuance, in the amount set forth in the Schedule, which L-C shall be issued by a money-center bank (a bank which accepts deposits, maintains accounts, has a San Francisco Bay Area office which will negotiate a letter of credit, and whose deposits are insured by the FDIC) reasonably acceptable to Landlord, and which L-C shall be in a form and content reasonably approved by Landlord. Tenant shall pay all expenses, points and/or fees incurred by Tenant in obtaining the L-C. The L-C shall not be mortgaged, assigned or encumbered in any manner whatsoever by Tenant without the prior written consent of Landlord. If Tenant defaults with respect to any provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, or if Tenant fails to renew the L-C at least thirty (30) days before its expiration, Landlord may, but shall not be required to, draw upon all or such portion of the L-C for payment of any Rent or any other sum in default, or for the payment of any amount that Landlord may spend or may become obligated to spend by reason of Tenant’s default, or to compensate Landlord for any other loss or damage that Landlord may suffer by reason of Tenant’s default, or if Tenant fails to renew the L-C at least thirty (30) days before its expiration. The use, application or retention of the L-C, or any portion thereof, by Landlord shall not (a) prevent Landlord from exercising any other right or remedy provided by this Lease or by law, it being intended that Landlord shall not first be required to proceed against the L-C, nor (b) operate as a limitation on any recovery to which Landlord may otherwise be entitled. Any amount of the L-C which is drawn upon by Landlord, but is not used or applied by Landlord, shall be held by Landlord and deemed a security deposit (the “L-C Security Deposit”) and shall be held and treated in accordance with this Section 22. If any portion of the L-C is drawn upon, Tenant shall, within five (5) days after written demand therefor, either (i) deposit cash with Landlord (which cash shall be applied by Landlord to the L-C Security Deposit) in an amount sufficient to cause the sum of the L-C Security Deposit and the amount of the remaining L-C to be equivalent to the amount of the L-C Security Deposit then required under this Lease or (ii) reinstate the L-C to the amount then required under this Lease, and if any portion of the L-C Security Deposit is used or applied, Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord (which cash shall be applied by Landlord to the L-C Security Deposit) in an amount sufficient to restore the aggregate amount held by Lessor, not including any interest earned on the Lease Deposit, L-C Security Deposit to the amount of the original Lease Deposit. If Lessee is not in default at the termination of the then required under this Lease, and has complied with all of the provisions of this Lease Tenant’s failure to be performed by Lessee, including surrender of the Leased Property in accordance with the provisions hereof and has repaid the loan of the Lease Deposit, the Lease Deposit, not including any interest earned on such Lease Deposit, do so shall be returned by Lessor a default under this Lease. Tenant acknowledges that Landlord has the right to Lessee, subject to any draws which have previously been made by Lessor against the Lease Deposit and not replenished by the Lessee. Lessee will not assign transfer or encumber Lessee's mortgage its interest in the Building and in this Lease Depositand Tenant agrees that in the event of any such transfer or mortgage, Landlord shall have the right to transfer or assign the L-C Security Deposit and/or the L-C to the transferee or mortgagee (and, if requested by Landlord, Tenant shall (i) pay all transfer fees charged by the issuer of the L-C for such transfer and (ii) at Tenant’s sole cost and expense, arrange to have a substitute L-C issued to the transferee in the form and substance required hereunder), and neither Lessor nor Lessor's successors in the event of such transfer, Tenant shall look solely to such transferee or assigns will be bound by any such attempted assignment or encumbrance mortgagee for the return of the Lease Deposit. Any interest earned on L-C Security Deposit and/or the Lease Deposit will be L-C. If Landlord has not received written notice at least thirty (30) days prior to expiration from the issuing bank (or appropriate substitute bank) that the L-C has been renewed, then Landlord shall have the right, at its sole option, to draw upon and present the then existing L-C for the sole benefit entire amount available thereunder. Should the L-C then in effect be revoked or should the creditworthiness of the Lessor issuer of the L-C then in effect become impaired (in Landlord’s reasonable judgment), then Tenant shall deliver a replacement L-C in the form and shall not in any way reduce any amounts owed by Lessee under the terms hereofsubstance required hereunder.

Lease Deposit. Upon the 11.1 Concurrently with Tenant's execution hereofof this Lease, Lessor Tenant shall loan Lessee deposit with Landlord an amount equal to twenty-five percent one (25%1) monthly installment of the first full year's Base Gross Rent payable during the fifth lease year ($24,181.64) as the "Lease Deposit"). The Lease Deposit shall be held by Lessor as security for to secure Tenant's full and faithful performance of all the performance by Lessee of Lessee's covenants and obligations under the Leaseherein set forth. The Lease Deposit Landlord shall not be considered an advance payment required to pay interest on the Lease Deposit or to maintain the Lease Deposit in a separate account. If any sum payable by Tenant to Landlord shall be due and unpaid, or if Landlord makes any payments on behalf of rental Tenant, or if Landlord suffers any loss, cost or expense as a measure result of LessorTenant's damages in case non- performance of default by Lessee. Lessor mayany obligation or covenant herein, from time to timethen Landlord, at its option and without prejudice to limiting any other remedy, may use and apply any part of the proceeds thereof to make good any arrearages of Rent, to satisfy any other covenant or obligation of Lessee hereunder or Lease Deposit to compensate Lessor Landlord for any other loss the payments not made or damage which Lessor may suffer the loss, cost or expense suffered by reason Landlord and notify Tenant of any default by LesseeLandlord's intended use thereof prior to such use. Following any such Within thirty (30) days after written notice of Landlord's use of the Lease Deposit by the LessorDeposit, Lessee Tenant shall deliver to Lessor on demand deposit with Landlord cash in an amount sufficient to restore the aggregate amount held by Lessor, not including any interest earned on Lease Deposit to its prior amount. Within approximately ninety (90)) days after the Lease Deposit, to later of (a) the amount of the original Lease Deposit. If Lessee is not in default at the expiration or earlier termination of the LeaseLease Term, or (b) Tenant's vacating the Premises, Landlord shall return the Lease Deposit less such portion thereof as Landlord may have used to satisfy Tenant's obligations and has complied with all less such other sums as are reasonably due from Tenant. If Landlord transfers the Lease Deposit to a transferee of the provisions Building or Landlord's interest therein, then such transferee (and not Landlord) shall be liable for its return. The holder of this Lease to any Mortgage shall not be performed by Lessee, including surrender of liable for the Leased Property in accordance with the provisions hereof and has repaid the loan return of the Lease Deposit, the Lease Deposit, not including any interest earned on Deposit unless such Lease Deposit, shall be returned by Lessor to Lessee, subject to any draws which have previously been made by Lessor against the Lease Deposit and not replenished by the Lessee. Lessee will not assign or encumber Lessee's interest in the Lease Deposit, and neither Lessor nor Lessor's successors or assigns will be bound by any such attempted assignment or encumbrance of holder actually receives the Lease Deposit. Any interest earned on Tenant shall not transfer or assign the Lease Deposit will or any interest therein without Landlord's prior written consent, which consent Landlord may not unreasonably be for the sole benefit of the Lessor and shall not in any way reduce any amounts owed by Lessee under the terms hereofwithheld.

Lease Deposit. Upon the execution hereof, Lessor shall loan Lessee an amount equal to twenty-five percent (25%) of the first full year's Base Rent (the "Lease Deposit"). The Lease Deposit shall be held by Lessor as security for the performance by Lessee of Lessee's covenants and obligations under the Lease. The Lease Deposit shall not be considered an advance payment of rental or a measure of Lessor's damages in case of default by Lessee. Lessor may, from time to time, without prejudice to any other remedy, use the proceeds thereof to make good any arrearages of Rent, to satisfy any other covenant or obligation of Lessee hereunder or to compensate Lessor for any other loss or damage which Lessor may suffer by reason of any default by Lessee. Following any such use of the Lease Deposit by the Lessor, Lessee shall deliver to Lessor on demand an amount sufficient to restore the aggregate amount held by Lessor, not including any interest earned on the Lease Deposit, to the amount of the original Lease Deposit. If Lessee is not in default at the termination of the Lease, and has complied with all of the provisions of this Lease to be performed by Lessee, including surrender of the Leased Property in accordance with the provisions hereof and has repaid the loan of the Lease Deposit, the Lease Deposit, not including any interest earned on such Lease Deposit, shall be returned by Lessor to Lessee, subject to any draws which have previously been made by Lessor against the Lease Deposit and not replenished by the Lessee. Lessee will not assign or encumber Lessee's interest in the Lease Deposit, and neither Lessor nor Lessor's successors or assigns will be bound by any such attempted assignment or encumbrance of the Lease Deposit. Any interest earned on the Lease Deposit will be for the sole benefit of the Lessor and shall not in any way reduce any amounts owed by Lessee under the terms hereof.