Common use of Security Deposit Clause in Contracts

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).

Appears in 2 contracts

Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)

Security Deposit. Concurrent with Subtenant’s As security for the full and faithful payment of all sums due under this Lease and the full and faithful performance of every covenant and condition of this Lease to be performed by Tenant, Tenant agrees to pay to Landlord upon execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (Lease the sum specified in the definition of the term Security Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults Tenant shall breach or default with respect to any provisions payment obligation or other covenant or condition of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to Landlord may apply all or any part of the Security Deposit for to the payment of any Rent sum in default or any other sum damage suffered by Landlord as a result of such breach or default, and in Default and Subtenant such event, Tenant shall, upon demand thereforby Landlord, restore deposit with Landlord the amount so applied so that Landlord shall have the full amount of the Security Deposit to its original amounton hand at all times during the Lease Term. Any alterations Landlord's use or improvements approved by Landlord application of all or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied any portion of the Security Deposit shall not impair any other rights or remedies provided under this Lease or under applicable law and shall not be returned construed as a payment of liquidated damages. If Tenant shall have fully complied with all of the covenants and conditions of this Lease, the Security Deposit shall be repaid to SubtenantTenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunderwithout interest, within sixty ten (6010) days following Business Days after the expiration of the Sublease Termthis Lease. Tenant shall may not be entitled to any interest on mortgage, assign, transfer or encumber the Security Deposit and Sublandlord any such act on the part of Tenant shall have be without force or effect. In the right to commingle event any bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives shall be deemed to be applied first to the provisions payment of Section 1950.7 of the California Civil Code Base Rent, Additional Rent and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit sums payable under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary this Lease to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseall periods prior to the institution of such proceedings and the balance, includingif any, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)retained by Landlord and applied against Landlord's damages.

Appears in 2 contracts

Sources: Lease (Integrated Information Systems Inc), Lease (Integrated Information Systems Inc)

Security Deposit. Concurrent with Subtenant’s execution of this SubleaseLicensee shall pay «Monthly_Fee» (an amount not to exceed one month's License Fee) on or before «Start_Date» to be held by the University during the term hereof, Subtenant shall deposit with Sublandlord or any extension or renewal, as a security deposit (pursuant to the “Security Deposit”) in terms hereof; it being understood that THIS DEPOSIT IS NOT TO BE CONSIDERED AS A PREPAID LICENSE FEE, nor shall any damages be limited to the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amountsecurity deposit. Any alterations or improvements approved by Landlord or Sublandlord The University shall furnish Licensee with the condition that such items be removed a separate receipt at the time of receiving the Security Deposit, or any partial payment thereof. The University acknowledges that, subject to damages prescribed by law, it shall, within thirty (30) days after the termination or expiration of the Sublease must be removed License or upon Licensee's vacating the premises completely together with all of Licensee's goods and possessions, whichever shall last occur, return the security deposit or any balance thereof, and any interest thereon, if due, after deducting (1) Any unpaid License fees; (2) A reasonable amount necessary to repair any damage caused to the Premises by Subtenant; Subtenant agrees that Licensee or any person under Licensee's control or on the cost Premises with Licensee's consent, reasonable wear and tear excluded, but failure to clean included. In the case of such removal damage, the University shall provide the Licensee, within thirty (30) days, with an itemized list of damages, sworn to by the University or its agent under pains and repair will penalties of perjury, itemizing in precise detail the nature of the damages and of the repairs necessary to correct it, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual estimated costs thereof. The University shall submit to Licensee a separate written statement of the present condition of the Premises. If the Licensee disagrees with the University's statement of condition, Licensee must attach a separate list of any damage existing in the Premises and return the statement to the University. No amount shall be deducted from the Security Deposit security deposit for any damage which was listed in the statement of condition or in any separate list submitted by Licensee and may include repairs approved by the University or the University's agent, unless the University subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the Common Areas due to changes or prior damage and was caused by Subtenantthe Licensee or by any person under the Licensee's control or on the Premises with Licensee's consent. Any unapplied portion of If the Security Deposit University transfers the Premises, the University shall be returned to Subtenanttransfer the security deposit or any balance thereof, or at Sublandlord’s optionand any accrued interest, to the last assignee University's successor in interest for the benefit of Tenant’s interest hereunderLicensee. If the security deposit is held for one year or longer from the commencement of Licensee's occupancy, within sixty (60) days following the expiration of the Sublease Term. Tenant Licensee shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 amount of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a leaseat the rate of two percent (2%) per year, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in payable at the payment end of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination each year of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Licensee's occupancy.

Appears in 2 contracts

Sources: Student Occupancy License, Student Occupancy License

Security Deposit. Concurrent with Subtenant▇▇▇▇▇▇’s execution and tendering of this SubleaseLease to Landlord, Subtenant Tenant shall deposit with Sublandlord a security deposit the sum of $[***] (the “Security Deposit”) in the ), which amount stated in the Terms of Sublease, Tenant shall thereafter at all times maintain on deposit with Landlord as security for the Tenant’s full and faithful observance and performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease Lease (including any obligations under the Master Lease)expressly including, beyond any applicable notice and cure period set forth, including but not limited towithout limitation, the provisions relating to payment as and when due of the payment of Fixed Monthly Rent, the removal of property Additional Rent and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all any other sums or any part of the Security Deposit for damages payable by Tenant hereunder and the payment of any Rent or any and all other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit damages for which Tenant shall be returned to Subtenant, liable by reason of any act or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled omission contrary to any interest on the Security Deposit and Sublandlord of said covenants or agreements). Landlord shall have the right to commingle the Security Deposit with Sublandlordits general assets and shall not be obligated to pay Tenant interest thereon. If at any time Tenant defaults in the performance of any of its obligations under this Lease, after the expiration of notice and the opportunity to cure (if a notice and cure period is provided for under this Lease for the particular default), then, Landlord may: (a) apply as much of the Security Deposit as may be necessary to cure Tenant’s non-payment of the Fixed Monthly Rent, Additional Rent and/or other fundssums or damages due from Tenant; and/or; (b) if Tenant is in default of any of the covenants or agreements of this Lease; apply so much of the Security Deposit as may be necessary to reimburse all expenses incurred by Landlord in curing such default; or (c) if the Security Deposit is insufficient to pay the sums specified in Section 3.7 (a) or (b), elect to apply the entire Security Deposit in partial payment thereof, and proceed against Tenant pursuant to the provisions of Article 17 and Article 18 herein. Subtenant [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code Code, and all other provisions of lawlaws, statutes, ordinances or other governmental rules, regulations or requirements now in force or which may hereafter in effectbe enacted or promulgated, which (i) establish the time frame by which a landlord Landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit the Security Deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above 18 below, and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant▇▇▇▇▇▇’s Default under breach of this SubleaseLease beyond all applicable notice and cure periods by Tenant. If, includingas a result of ▇▇▇▇▇▇▇▇’s application of any portion or all of the Security Deposit as may be expressly permitted hereunder, but not limited tothe amount held by Landlord declines to less than $[***], all damages Tenant shall, within ten (10) days after demand therefor, deposit with Landlord additional cash sufficient to bring the then-existing balance held as the Security Deposit to the amount specified hereinabove. Tenant’s failure to deposit said amount shall constitute a material breach of this Lease. At the expiration or rent due upon earlier termination of this Sublease Lease, Landlord shall deduct from the Security Deposit being held, as may be expressly permitted hereunder, on behalf of Tenant any unpaid sums, costs, expenses or damages payable by Tenant pursuant to Section 1951.2 the provisions of this Lease; and/or any costs required to cure Tenant’s default or performance of any other covenant or agreement of this Lease, and shall, within thirty (30) days after the expiration or earlier termination of this Lease, return to Tenant, without interest, all or such part of the California Civil Code (Security Deposit as such provision may be amended or modified)then remains on deposit with Landlord.

Appears in 2 contracts

Sources: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant The Security Deposit shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, be held by Landlord as security for the faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions The Security Deposit is not an advance rental deposit or a measure of this Sublease (including any obligations under the Master Lease)Landlord's damages in case of Tenant's default. Upon each occurrence of a Default, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part of the Security Deposit for to pay delinquent payments due under this Lease, and the payment cost of any Rent damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any other sum in Default and Subtenant shallportion of the Security Deposit, upon Tenant shall pay Landlord on demand therefor, the amount that will restore the Security Deposit to its original amount. Any alterations Upon bankruptcy or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of other debtor-creditor proceedings against Tenant, the Security Deposit shall be returned deemed to Subtenant, or at Sublandlord’s option, be applied first to the last assignee payment of Tenant’s interest hereunder, within sixty (60) days following Rent and other charges due Landlord for periods prior to the expiration filing of the Sublease Termsuch proceedings. Tenant shall not be entitled to any interest on Landlord's obligation respecting the Security Deposit and Sublandlord is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but the balance remaining, if any, after Tenant's obligations under this Lease have the right been completely fulfilled shall be paid to commingle Tenant. Landlord shall be released from any obligation with respect to the Security Deposit with Sublandlord’s other fundsupon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Section 6. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenant’s Default under the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. If Tenant shall fully perform every provision of this SubleaseLease to be performed by Tenant, includingthe Security Deposit, but not limited toor any balance thereof, all damages shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within 60 days after the expiration or rent due upon earlier termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Lease.

Appears in 2 contracts

Sources: Lease Agreement (SGX Pharmaceuticals, Inc.), Lease Agreement (SGX Pharmaceuticals, Inc.)

Security Deposit. Concurrent with Subtenant’s execution Within ten (10) days of this Subleasethe Effective Date, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) Deposit as set forth in Item 13 of the amount stated in the Summary of Basic Lease Terms of Sublease, as security for the full and faithful performance by Subtenant Tenant of all Tenant’s obligations hereunder. No interest shall be paid upon the Security Deposit nor shall Landlord be required to maintain the deposit in a segregated account. The Security Deposit shall not be construed as prepaid Rent. In the event that Tenant shall default in the full and faithful performance of its obligations under this Sublease any of the terms hereof, then Landlord may either retain the Security Deposit as liquidated damages, or a portion thereof, for damages caused by Tenant beyond ordinary wear and tear, or Landlord may retain the Master Lease. If Subtenant Defaults with respect to same and apply it toward any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthdamages sustained by Landlord, including but not limited toto actual damages sustained by the Landlord by reason of the default of Tenant, including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the sum so applied, which shall be added to the Security Deposit so that the same shall be restored to the amount first set forth above. In the event of bankruptcy or other debtor-creditor proceedings, either voluntarily or involuntarily instituted by or against Tenant, the provisions relating Security Deposit shall be deemed to be applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, obligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to Landlord for all periods prior to the payment filing of Rentsuch proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, and thereafter to actual damages, obligations, other charges and damages sustained by Landlord and Rent due the removal Landlord for all periods subsequent to such filing. In the event of property a sale of the Land and the repair Building, Landlord shall transfer the Security Deposit to the buyer, and shall confirm the same to Tenant in writing, after which transfer and written confirmation Landlord shall have no further obligation regarding the Security Deposit. Notwithstanding the foregoing, and so long as Tenant is not in default of damagethis Lease beyond any applicable cure period, Sublandlord mayLandlord shall return to Tenant (or, without notice at Tenant’s option, or apply to Subtenant, but shall not be required to apply all or any part subsequent payments of Rent due hereunder) a portion of the Security Deposit for in the payment amount of any Rent or any other sum in Default Sixty Thousand and Subtenant shall, 00/100 Dollars ($60,000.00) upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration first anniversary of the Sublease must be removed by Subtenant; Subtenant agrees Commencement Date and also upon the date that is eighteen (18) months after the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by SubtenantCommencement Date. Any unapplied portion The remaining balance of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following held until the expiration of the Sublease Lease Term. If Tenant shall not be entitled to any interest on fully and faithfully complies with all of the terms hereof, the Security Deposit and Sublandlord or any balance thereof shall have the right be returned to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 Tenant within thirty (30) days after expiration of the California Civil Code and all other provisions of law, now Lease Term or hereafter in effect, which thirty (i30) establish days after the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in final day Tenant occupies the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Premises.

Appears in 2 contracts

Sources: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)

Security Deposit. Concurrent with Subtenant’s execution of this SubleaseOn the Effective Date, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) Deposit as set forth in Paragraph 16 of the amount stated in the Summary of Basic Lease Terms of Sublease, as security for the full and faithful performance by Subtenant Tenant of all of its Tenant’s obligations hereunder. No interest shall be paid upon the Security Deposit nor shall Landlord be required to maintain the deposit in a segregated account. The Security Deposit shall not be construed as prepaid Rent. In the event that Tenant shall fail to cure a default under this Sublease Lease within the time allowed for cure, then Landlord may retain the Security Deposit, or a portion thereof, and the Master Lease. If Subtenant Defaults with respect to apply it toward any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthdamages sustained by Landlord, including but not limited toto actual damages sustained by the Landlord by reason of the default of Tenant, including any past due Rent. Upon each such application, Tenant shall, on demand, pay to Landlord the provisions relating sum so applied, which shall be added to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees so that the cost of such removal and repair will same shall be deducted from the Security Deposit and may include repairs restored to the Common Areas due to changes amount first set forth above. In the event of bankruptcy or damage caused other debtor-creditor proceedings, either voluntarily or involuntarily instituted by Subtenant. Any unapplied portion of or against Tenant, the Security Deposit shall be returned deemed to Subtenantbe applied in the following order: to actual damages caused by Tenant beyond ordinary wear and tear, or at Sublandlord’s optionobligations and other charges, including any damages sustained by Landlord, other than unpaid Rent, due to Landlord for all periods prior to the last assignee filing of Tenant’s interest hereundersuch proceedings; to accrued and unpaid Rent prior to the filing of such proceeding, within sixty (60) days following and thereafter to actual damages, obligations, other charges and damages sustained by Landlord and Rent due the expiration Landlord for all periods subsequent to such filing. In the event of a sale of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord Building, Landlord shall have the right to commingle transfer the Security Deposit to the buyer, and, assuming the buyer assumes all of Landlord’s obligations under this Lease and with Sublandlord’s other fundsrespect to the Security Deposit, Landlord shall have no further obligation regarding the Security Deposit. Subtenant hereby waives If Tenant is not then in default under this Lease, the provisions of Section 1950.7 Security Deposit or any balance thereof shall be returned to Tenant within forty-five (45) days after expiration of the California Civil Code and all other provisions of law, now Lease Term or hereafter in effect, which forty-five (i45) establish days after the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in final day Tenant occupies the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Leased Premises.

Appears in 2 contracts

Sources: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (Traeger, Inc.)

Security Deposit. Concurrent 11.1 Simultaneously with SubtenantTenant’s execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord Landlord the Security Deposit Amount as a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant Tenant of all of its obligations Tenant’s obligations, covenants, conditions and agreements under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Landlord shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum maintain such security deposit in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Terma separate account. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord security deposit. Within thirty (30) days after the later of the expiration or earlier termination of the Lease Term or Tenant’s vacating the Premises, Landlord shall return such security deposit to Tenant, less (a) such portion thereof as Landlord shall have appropriated to satisfy any of Tenant’s obligations under this Lease or to reimburse Landlord for any loss or damage resulting from an Event of Default under this Lease, (b) such amount as Landlord may reasonably determine to be appropriate to secure payment of rentals, charges or adjustments that may become due following expiration or termination provided such amounts future payments are identified in writing by Landlord within said 30-day period, or (c) if Tenant receives a written notice of default prior to the expiration of said 30-day period, amounts reasonably necessary to secure payment of damages arising from an event that, with the giving of notice or the passage of time or both, would constitute an Event of Default. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord shall have the right right, but shall not be obligated, to commingle use, apply or retain all or any portion of the Security Deposit Amount for the payment of any rent or other charge in default or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default, to repair damages to the Premises caused by Tenant, to clean the Premises upon expiration or termination, or to compensate Landlord for any loss or damage which Landlord may suffer thereby, including, but not limited to, damages recoverable following termination of this Lease by reason of an Event of Default as herein provided, and any and all amounts Landlord may spend or become obligated to spend, or for the compensation of Landlord for any losses incurred, by reason of such event. If any portion of the security deposit (in whatever form) is so used or applied, then within ten (10) Business Days after Landlord gives written notice to Tenant of such use or application, Tenant shall deposit with SublandlordLandlord cash in an amount sufficient to restore the security deposit to the Security Deposit Amount then in effect in accordance with Section 11.2 below, and Tenant’s other fundsfailure to do so shall constitute an Event of Default under this Lease. Subtenant Tenant and Landlord acknowledge and agree that their rights and remedies with respect to the Security Deposit Amount shall be as provided in this Lease, and each of Landlord and Tenant hereby waives the provisions of waive in its entirety Section 1950.7 of the California Civil Code and any and all other similar statutes now existing or hereafter enacted. 11.2 The Security Deposit Amount shall be subject to reduction as provided in this Section upon each of the following dates (each, a “Reduction Date”): (a) July 31, 2019 (the “First Reduction Date”); and (b) July 31, 2022 (the “Second Reduction Date”). Provided and on condition that Tenant is not in Default beyond all applicable and notice periods as of any Reduction Date, the Security Deposit Amount shall be reduced as follows: (i) as of the First Reduction Date, to $800,000.00 (or if the Security Deposit Amount shall have been increased or decreased by reason of the surrender of space under the Contraction Right or the addition of any ROFO Space, to such higher amount as is equal to two-thirds (2/3) of the amount of the Security Deposit Amount in effect immediately prior to the First Reduction Date); and (ii) as of the Second Reduction Date, to $400,000.00 (or if the Security Deposit Amount shall have been decreased or increased by reason of the surrender of space under the Contraction Right or the addition of any ROFO Space, to such higher amount as is equal to one-half (1/2) of the amount of the Security Deposit Amount in effect immediately prior to the Second Reduction Date). In no event shall the Security Deposit Amount be reduced below $400,000.00 (or such higher amount as may be in effect as of the Second Reduction Date by reason of such an addition). Landlord shall cooperate with Tenant to effect any modifications or replacements of the Letter of Credit in order to implement each of the Security Deposit Amount reductions described in Section 11.2 hereof or Section 2.4(b). If the Security Deposit Amount, or any portion thereof, is held in cash as of either of the Reduction Dates, the cash portion thereof up to the reduction amount shall be paid to Tenant by Landlord within fifteen (15) days following the applicable Reduction Date. (a) Tenant may, at its option, deliver to Landlord, in lieu of a cash security deposit, an unconditional, irrevocable stand-by letter of credit in accordance with the terms specified below (the “Letter of Credit”). The Letter of Credit shall: (i) be issued by a bank meeting the requirements herein provided, be upon the terms and conditions herein provided, and in other respects be in form and substance satisfactory to Landlord in its sole discretion; (ii) at all times be in the stated face amount of not less than the Security Deposit Amount (as defined in Section 1.17 and as the same may be reduced in accordance with the provisions of lawSection 11.2), now and state on its face that multiple and partial draws are permitted; (iii) be issued by a commercial bank (the “Issuing Bank”) satisfying the Issuing Bank Requirements set forth below; (iv) permit draws thereunder to be made from an office of the Issuing Bank located in the metropolitan area in which the Building is located, with draws to be made payable to the owner from time to time of the Building or hereafter a lender to which such owner may have transferred the Letter of Credit; (v) be transferable and assignable one or more times by the owner from time to time of the Building or its lender, which transfer or assignment shall be conditioned only upon the execution of a reasonable and customary written document in connection therewith and shall be without fee or charge to owner or its lender, whether or not the original account party of the Letter of Credit continues to be the tenant under this Lease by virtue of a change in name or structure, merger, assignment, transfer or otherwise; (vi) be payable, and transferrable and assignable, on the terms herein provided whether or not Tenant and/or any other original account party of the Letter of Credit may have been or continue to be the tenant under this Lease, and notwithstanding any change in name or structure, merger, assignment, transfer or otherwise of Tenant or other account party; (vii) be payable at sight upon presentment of a simple sight draft stating only that Landlord is permitted to draw on the Letter of Credit under the terms of the Lease and setting forth the amount that Landlord is drawing; (viii) be maintained in effect, which whether through renewal or extension, during the period beginning not later than the date of this Lease and continuing until the date (the “LC Expiration Date”) that is sixty (60) days after the expiration of the Lease Term (as the same may be extended); and (ix) in the event that the Letter of Credit at any time in effect shall expire prior to the LC Expiration Date, be replaced by delivery to Landlord of a new Letter of Credit at least thirty (30) days prior to the LC Expiration Date, without any action whatsoever on the part of Landlord. Tenant shall cooperate with Landlord to effect any modifications, transfers or replacements of the Letter of Credit requested by Landlord in order to assure that Landlord is at all times fully secured by a valid Letter of Credit that may be drawn upon by Landlord, its successors and assigns. (b) The Issuing Bank shall, upon issuance of a Letter of Credit and continuously and without interruption at all times thereafter, satisfy each and all of the following requirements (the “Issuing Bank Requirements): (i) establish the time frame Issuing Bank shall be chartered under the laws of the United States or a state thereof and shall be insured by which a landlord must refund a security deposit under a lease, and/or the Federal Deposit Insurance Corporation (FDIC); (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults the long-term, unsecured and unsubordinated debt obligations of the Issuing Bank shall be rated in the payment highest category by at least two of rentFitch Ratings Ltd. (Fitch), ▇▇▇▇▇’▇ Investors Service, Inc. (Moody’s) and Standard & Poor’s Ratings Services (S&P) or their respective successors (the Rating Agencies) (such rating categories being, as of the date of this Lease, AAA from Fitch, Aaa from Moody’s, and AAA from S&P); (iii) the Issuing Bank shall have a rating with respect to certificates of deposit, short term deposits and commercial paper in the highest category from at least two Rating Agencies (such rating categories being, as of the date of this Lease, F1 from Fitch, P-1 from Moody’s, and A-1 from S&P); and (iv) the Issuing Bank shall be well capitalized under the prompt corrective action rules of the FDIC, as disclosed by the Issuing Bank’s Report of Condition and Income (Call Report), and the Issuing Bank shall have timely and in complete manner filed each and all of its Call Reports. Notwithstanding the foregoing, Landlord agrees that it will initially accept a Letter of Credit issued by Bank of the West, but such acceptance shall not limit in any manner the rights of Landlord in respect of a Triggering Event as set forth below in subsection (c) of this Section if such bank fails at any time to meet the Issuing Bank Requirements. (c) Landlord may draw upon the Letter of Credit upon any one or more of the following occurrences (a “Triggering Event”): (i) an Event of Default, after applicable notice and cure period, shall have occurred under this Lease; or (ii) Tenant shall not have delivered to Landlord, at the time herein required prior to the expiration of the Letter of Credit then in effect, either cash or a replacement Letter of Credit meeting the requirements of this Lease; or (iii) the Issuing Bank under the Letter of Credit shall have failed at any time to satisfy the Issuing Bank Requirements (without regard to whether the Issuing Bank may have subsequently remedied such failure), or such Issuing Bank is insolvent or is placed into receivership or conservatorship by the FDIC, or any successor or similar entity, or a trustee, receiver or liquidator is appointed for such Issuing Bank, or the financial condition of such Issuing Bank has changed in any other materially adverse way, as determined by Landlord in its sole discretion. Following a Triggering Event, Landlord may make a draw, or decline to do so, as determined by Landlord in its sole discretion, and the amount of any draw may be in such amount, including the full amount of the Letter of Credit, as determined by Landlord in its sole discretion. In no event shall Landlord be required to provide any notice or grant to Tenant any grace or cure period in respect of any Triggering Event (subject, in the case of an Event of Default under this Lease, to repair damage caused by such notice and cure periods, if any, as may be provided in this Lease before an occurrence becomes an Event of Default). Within ten (10) Business Days after Landlord has made any partial draw on a tenant Letter of Credit, Tenant shall either deposit cash with Landlord in the amount of the draw, or deliver to clean Landlord a replacement Letter of Credit or the premisescertificate of the Issuing Bank that the amount of the Letter of Credit has been reinstated to the full Security Deposit Amount, it being agreed that Sublandlord and if Tenant fails to do so, Landlord may, in additionits sole discretion, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 draw the full amount of the California Civil Code Letter of Credit. 11.4 If and so long as Landlord transfers the security deposit to any purchaser or other transferee of Landlord’s interest in the Property, then Tenant shall look only to such purchaser or transferee for the return of the security deposit, and Landlord shall be released from all liability to Tenant for the return of such security deposit. Tenant acknowledges that the holder of any Mortgage shall not be liable for the return of any security deposit made by Tenant hereunder unless such holder actually receives such security deposit (or upon such other terms, if any, as such provision may be amended stated in an executed subordination, non-disturbance and attornment agreement with such holder, if any). Tenant shall not pledge, mortgage, assign or modified)transfer the security deposit or any interest therein.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Guidance Software, Inc.)

Security Deposit. Concurrent with Subtenant’s the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article 1 as the "Security Deposit”) in the amount stated in the Terms of Sublease, " as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused by Tenant; (iii) surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly demanded within 10 days following Tenant's receipt of written notice an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent", Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfer the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit provided that such Transferee assumes in writing the obligation of Landlord under this Lease. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, California Civil Code Section 1950.7 to the contrary) a period of 30 days following a surrender of the Leased Premises by Tenant to Landlord within which to return the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord may30 days is a reasonable period of time within which to inspect the Leased Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen's ▇▇▇▇▇▇▇▇ therefore, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).considered prepaid rent. SEE ADDENDUM

Appears in 2 contracts

Sources: Industrial Space Lease (Atroad Inc), Industrial Space Lease (Atroad Inc)

Security Deposit. Concurrent with Subtenant’s execution Tenant will pay Landlord on the date this Lease is executed by Tenant the Security Deposit set forth in Item 8 of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, Basic Lease Provisions as security for the faithful performance of the terms hereof by Subtenant Tenant. Tenant shall not be entitled to interest thereon and Landlord may commingle such Security Deposit with any other funds of all Landlord. The Security Deposit shall not be considered an advance payment of its obligations under this Sublease and the Master Leaserental or a measure of Landlord's damages in case of default by Tenant. If Subtenant Defaults Tenant defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord Landlord may, without notice to Subtenant, but shall not be required to, from time to time, without prejudice to any other remedy, use, apply or retain all or any part of the this Security Deposit for the payment of any Rent or any other sum in Default default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default, including, without limitation, costs and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved attorneys' fees incurred by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration to recover possession of the Sublease must Premises. If Tenant shall fully and faithfully perform every material provision of this Lease to be removed performed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of it, the Security Deposit shall be returned to SubtenantTenant within thirty (30) days after the Expiration Date. Tenant agrees that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as the Security Deposit and that Landlord and its successors and assigns shall not be bound by any such actual or attempted assignment or encumbrance. Regardless of any assignment of this Lease by Tenant, or at Sublandlord’s option, Landlord may return the Security Deposit to the last assignee original Tenant, in the absence of evidence satisfactory to Landlord of an assignment of the right to receive the Security Deposit or any part of the balance thereof. In the alternative to a cash Security Deposit, contemporaneously with the execution of this Lease, Tenant shall cause an American bank or financial institution located in Austin, Texas reasonably acceptable to Landlord to issue an irrevocable letter of credit in the amount of the Security Deposit set forth in Item 8 of the Basic Lease Provisions (the "Letter of Credit"), naming Landlord as beneficiary to partially secure the performance of Tenant under the Lease. The Letter of Credit shall be for a term of not less than twelve (12) months. If all or any portion of the Letter of Credit is drawn against by Landlord, Tenant shall within thirty (30) days after demand by Landlord, order the issuer of the Letter of Credit to issue to Landlord at Tenant's expense replacement or supplementary Letters of Credit such that at all times during the term of this Lease (other than such thirty (30) day period), Landlord shall have the ability to draw on one or more Letters of Credit totaling the Security Deposit amount set forth in Item 8 of the Basic Lease Provisions. Landlord shall be entitled to draw on the Letter of Credit one or more times for the reasons and uses provided above applicable to the Security Deposit. Any amount drawn by Landlord shall not be deemed to fix or determine the amounts to which Landlord is entitled under this Lease or otherwise, and Landlord shall be entitled to pursue any remedies provided for in this Lease to the extent Landlord is unable or elects, in its sole and absolute discretion, not to obtain complete or partial satisfaction by drawing upon the Letter of Credit. Tenant shall cause the issuance of a replacement Letter of Credit at least thirty (30) days prior to the expiration date of the then issued Letter of Credit (such date, the "Reissuance Date"). If Tenant fails to cause the issuance of a replacement Letter of Credit prior to the Reissuance Date, then Landlord shall have the right to draw the full amount of the then issued and outstanding Letter of Credit; provided that such drawing shall not be an Event of Default hereunder and Landlord shall hold such funds as security for the performance of Tenant’s interest hereunder, within 's obligations under this Lease. Landlord shall refund such funds to Tenant upon the earlier to occur of (i) Tenant's delivery of a replacement Letter of Credit and (ii) sixty (60) days following after the expiration of this Lease and satisfaction of Tenant's obligations hereunder. If the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 issuer of the California Civil Code and all other provisions Letter of lawCredit shall admit in writing its inability to pay its debts generally as they become due, now or hereafter shall file a petition in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).bankruptcy

Appears in 2 contracts

Sources: Office Lease Agreement (Vignette Corp), Office Lease Agreement (Vignette Corp)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord Lessee agrees to pay a security deposit equal to one month’s rent, which will be due in full upon the signing of this lease. Lessor’s acceptance of any amount less than the required security deposit upon the signing of this Lease shall not be deemed a waiver of Lessee’s obligation to pay the security deposit in full, and shall not affect the enforceability of this Lease. The security deposit shall be refunded with bank rate interest, within 30-45 days as per Illinois Statute if the apartment and its appurtenances are left clean and orderly upon Lessor’s inspection. In the event that Lessee vacates the subject premises prior to the end of the term of this lease, any remaining balance of the security deposit not applied to the unpaid rent, unpaid utilities, or damage to the premises as set forth herein, shall be held by Lessor until the end of the lease term to secure Lessee’s obligations under the remaining term of this lease. An apartment is not considered vacant until all sets of keys have been returned to the Bankier Office. Lessee agrees to be responsible for and to pay promptly for any damage to the leased premises and for any damage to, or loss of the appliances, furniture and fixtures therein caused by the Lessee or his or her guests, excepting damage due to ordinary and reasonable wear and tear (as well as wear and tear existing at the “Security Deposit”time Lessee takes possession), destruction by fire not caused by Lessee’s negligence or acts of God. Lessee further agrees to pay the actual cost for any services made necessary by Lessee’s abuse or failure to leave the leased premises (including all fixtures, appliances and surfaces) in good repair and thoroughly clean condition, except for normal wear and tear. Lessee further agrees that any and all expenses incurred by Lessor because of Lessee’s breach of the amount foregoing provisions, unpaid utility bills, unpaid rent, unpaid late charges and/or outstanding balances may be deducted from Lessee’s security deposit at the termination of this Agreement. Lessee(s) agree to return leased premises thoroughly cleaned and in the condition stated in the Terms of Sublease, as security for move out information in the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease tenant handbook (including any obligations under the Master Leaseavailable on website), beyond any applicable notice and cure period set forth, including but not limited to, to remove all garbage or debris from the provisions relating to leased premises upon move-out. Lessor will have the payment of Rent, the removal of property carpets professionally cleaned and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair cleaning and/or shampoo charges will be deducted from the Security Deposit security deposit. If, after carpet shampooing is complete, the unit requires further treatment or replacement, additional charges will be applied. No tape, stickers or putty are allowed on the walls, doors, or furniture (there will be a charge for removal). The final extent of the damages will be determined by comparing the conditions of the apartment and its furnishings at the time of vacating the apartment with Lessee’s written statements of the apartment’s condition at the time of taking possession, although some damages may include repairs also be determined at an earlier time, in which case Lessee agrees to pay them promptly at this time. Lessee’s liability is not limited to the Common Areas amount of the security deposit. Any balance of Lessee’s security deposit remaining due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit Lessee shall be returned to Subtenantthe address Lessee provides at move out. If no address is provided by noon of your move out day, or at Sublandlord’s option, then the check will be mailed to the last assignee known address of Tenant’s interest hereunder, within sixty (60) days following the expiration one of the Sublease TermLessees. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a One security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary check with the names of all lessees will be issued per dwelling unit. It will then be the responsibility of said lessees to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)distribute monies amongst themselves.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of this SubleaseTenant agrees to pay the Landlord the sum referenced on the Fact Page, Subtenant shall deposit with Sublandlord a security deposit (not to exceed 1 ½ times the Monthly Installment payment equivalent) as Security Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord Landlord may, without notice to Subtenantbut is not obligated, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amountRent or other charges in arrears during the Lease Term. Any alterations or improvements approved The Security Deposit is not to be used by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration Tenant for payment of the Sublease must be removed last Monthly Installment. If damage caused by Subtenant; Subtenant the Tenant exceeds the amount of the Security Deposit, Tenant agrees to pay the difference to Landlord immediately upon receipt of the itemized list of damages notice itemizing the damage and the damage costs, provided that the cost of such removal and repair there are no judicial or mediation questions involved, unless Tenant responds in writing pursuant to Michigan Law. The Security Deposit will be deducted from deposited at: Name of Institution: Address: Ann Arbor, Michigan RETURN OF SECURITY DEPOSIT: If only one person signs this Lease as Tenant, Landlord shall return the Security Deposit in a check or money order payable to that person. If more than one person signs this Lease, Landlord and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of Tenants agree that the Security Deposit shall be returned to Subtenantone person, chosen by Tenants (the “Designated Tenant”, as set forth on the Fact Page), who shall act as agent of all other persons who have signed this Lease or acquired legal rights of occupancy under it, in dividing the Security Deposit according to any shares the Tenants have agreed upon, and in remitting those shares to each person. Landlord shall not be responsible for the proper division of shares in the Security Deposit, nor for the assessment of individual liability for any charges against the Security Deposit made by Landlord, which shall be matters solely for the Tenants to agree upon. If the Designated Tenant cannot be reached to effectuate the return of the Security Deposit, then the Security Deposit will be returned to one person signing this Lease, in a check or money order jointly payable to all Tenants signing this Lease. Landlord and Tenants also agree that the Security Deposit will be returned to the address of the Designated Tenant, as set forth on the attached Fact Page, unless Landlord receives a written notice signed by the Designated Tenant at Sublandlord’s optionany time up to and including the 4th day after moving out. As required by Michigan law regarding use of security deposits, the Landlord will make use of inventory checklists at the beginning and ending of occupancy and will provide the Tenant an inventory checklist when the Tenant assumes possession of the Premises. The Tenant will note the condition of the Premises and its furnishings and return the form to the Landlord within 7 days. The Tenants are entitled to receive a copy of the last ending inventory checklist which shows what claims were charged to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)prior tenant.

Appears in 2 contracts

Sources: Campus Lease Agreement, Campus Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant The Security Deposit shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, be held by Landlord without obligation for interest thereon as security for the faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions The Security Deposit is not an advance rental deposit or a measure of this Sublease Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (including any obligations under the Master Leaseas defined in Section 20), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part of the Security Deposit for to pay delinquent payments due under this Lease, future rent damages under California Civil Code Section 1951.2, and the payment cost of any Rent damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord’s right to use the Security Deposit under this Section 6 includes the right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use of all or any other sum in Default and Subtenant shallportion of the Security Deposit, upon Tenant shall pay Landlord on demand therefor, the amount that will restore the Security Deposit to its original amount. Any alterations Upon bankruptcy or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of other debtor-creditor proceedings against Tenant, the Security Deposit shall be returned deemed to Subtenant, or at Sublandlord’s option, be applied first to the last assignee payment of TenantRent and other charges due Landlord for periods prior to the filing of such proceedings. Landlord’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on obligation respecting the Security Deposit and Sublandlord is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant’s obligations under this Lease have the right been completely fulfilled. Landlord shall be released from any obligation with respect to commingle the Security Deposit with Sublandlordupon transfer of this Lease and the Premises to a person or entity assuming Landlord’s other fundsobligations under this Section 6. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, including, without limitation, California Civil Code Section 1950.7, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenantthe act or omission of Tenant or any officer, employee, agent or invitee of Tenant. The Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant (or, at Landlord’s Default under this Subleaseoption, including, but not limited to, all damages to the last assignee of Tenant’s interest hereunder) within 90 days after the expiration or rent due upon earlier termination of this Sublease pursuant Lease. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section 1951.2 6, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the California Civil Code (as such provision may be amended Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or modified)a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.

Appears in 2 contracts

Sources: Lease Agreement (CytomX Therapeutics, Inc.), Lease Agreement (CytomX Therapeutics, Inc.)

Security Deposit. Concurrent Tenant has deposited with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) Deposit in the amount stated in the Terms of Sublease, as security set forth above for the faithful performance of each and every covenant and agreement to be performed by Subtenant of all of its obligations Tenant under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under Landlord shall have the Master Lease)right, beyond any applicable notice and cure period set forth, including but not limited tothe obligation, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the in whole or in part as payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums amounts as are reasonably necessary to remedy Tenant's defaults in the payment of rent, rent or in the performance of the covenants or agreements contained herein. Landlord's right to repair damage caused possession of the Property for non-payment of rent or any other reason shall not be affected by a tenant or to clean the premises, it being agreed fact that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but holds security. Tenant's liability is not limited toto the amount of the Security Deposit. Landlord shall give Tenant written notice of the application of the Security Deposit or any part thereof within thirty (30) days of said application. If the application is on account of maintenance, all damages repairs or rent due upon replacements necessitated by tenant, said notice shall include the estimated or actual cost of the same, attaching estimates or paid receipts. Upon receipt of said notice, Tenant shall at once pay to Landlord an amount sufficient to restore the Security Deposit in full. Upon termination of this Sublease pursuant to Section 1951.2 Lease, full payment of all amounts due and performance of all Tenant's covenants and agreements (including surrender of the California Civil Code (as Property in accordance with Paragraph 15), the Security Deposit or any portion thereof remaining unapplied shall be returned to Tenant in accordance with applicable law. In the event of a sale, lease, or other transfer of the Building, Landlord may transfer or assign said Security Deposit to Landlord's grantee, lessee or assignee. Provided said grantee, lessee or assignee by written undertaking addressed to Landlord assumes all Landlord's obligations hereunder, Tenant agrees to look to such provision may be amended grantee, lessee or modified)assignee solely for the return of said Security Deposit. The provisions hereof shall apply to each and every sale, lease or other transfer of the Building.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Concurrent Lessee shall pay a security deposit in the sum of $X.XX due and payable concurrent with Subtenant’s the execution of this Sublease, Subtenant shall deposit with Sublandlord a lease. The security deposit (the “Security Deposit”) in the amount stated in the Terms is set aside to secure Lessee’s performance of Sublease, as security for the faithful performance each and every covenant and agreement to be performed by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations Lessee under the Master Lease), beyond Lease Agreement. Lessee shall be held fully responsible for any applicable notice and cure period set forth, including but not limited to, the provisions relating all damages done to the payment of Rentdemised premises, the removal of fixtures, furnishings, equipment or other property belonging to Lessor, except for normal wear and the repair of damagetear, Sublandlord may, without notice or to Subtenant, but shall not be required to apply all or any part of Lessor’s property caused at any time by misuse, carelessness, or negligence on the Security Deposit for part of the payment Lessee. Such liability shall be joint and several. Where required by law or local ordinance, the Lessor shall pay to Lessee interest on Lessee’s security deposit funds, held by Lessor, as prescribed and in the manner mandated by said law or local ordinance. a. After termination of any Rent the lease term or renewal thereof and upon inspection of vacated premises, should Lessor find no damages beyond normal wear and tear, and Lessee is not in default, then the deposit shall be returned to the Lessee with the issuance of a single check drafted to and mailed to address specified by Lessee. Aforementioned Lessee hereby assumes the responsibility of distributing the deposit to any other sum in Default named Lessee as appropriate. In the event that Lessor shall find damages beyond normal wear and Subtenant shalltear, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration cost of the Sublease must repair or replacement shall be removed by Subtenant; Subtenant agrees that of Lessee and the deposit herein shall apply towards the cost of such removal repair or replacement, but in no case shall the amount of the deposit herein restrict the right of the Lessor to proceed for additional damages. b. Lessee expressly agrees that this deposit shall at no time during the lease term or renewal thereof be deemed or construed as an advance payment of rent for any month of the lease term, including specifically the last month’s rent. Such deposit shall not affect the right of Lessor to commence legal action for payment of rent due in the event of non-payment of rent or for breach of any other covenant under this lease or conditions contained herein, Lessor may apply the deposit towards the damage sustained by Lessor arising out of such breach in addition to the application of same to physical damages to the premises. The right of Lessor to apply the deposit shall in no way affect Lessor’s right or ability to proceed against lessee for the collection of additional damages sustained by Lessor arising out of the breach of this lease or for the damages done to the leased premises by and repair through the Lessee. c. The refund of the deposit is subject to the following: The full term of the lease and/or extension thereof shall have expired. No damage to demised premises or to Lessor’s property except normal wear and tear. The entire apartment, including range, refrigerator, kitchen, bath, closets, cabinets, all drawers, floors, carpets, etc. shall be clean. No tape or adhesive fastener marks are left on the painted walls. No unpaid late charges, maintenance charges, or delinquent rent. All issued keys are returned. All debris, rubbish, and discards have been removed from the premises. Correct forwarding address has been left with Lessor. Full compliance by Lessee with all lease terms, covenants, and rules. d. Lessee acknowledges that with respect to cleaning and maintenance charges Lessor maintains a schedule of flat rate charges for the most common and recurring cleaning and maintenance tasks. Lessee further acknowledges that this schedule is available for inspection at Lessor’s offices during regular business hours. Lessee understands and agrees to pay cleaning and maintenance charges to Lessor in accordance with this schedule. Lessee further agrees that any work not specifically provided for on the schedule will be deducted from billed to and paid for by Lessee at the Security Deposit and may include repairs rate of $50.00 per man hour or if the work is performed by independent contractors, Lessee will be billed at the cost to Lessor. e. Lessee is responsible for the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion cost of professional carpet cleaning upon the Security Deposit shall be returned to Subtenantexpiration of this lease, or any extension thereof. If Lessee elects to independently arrange for professional carpet cleaning, a paid receipt must be submitted to Lessor, at SublandlordLessor’s optionaforementioned place of business, to no later than the last assignee expiration of Tenant’s interest hereunderthis lease, within sixty (60) days following or any extension thereof, and receipt must have services rendered concurrent with the expiration of the Sublease Termlease. Tenant shall not Otherwise, Lessee will be entitled to any interest on invoiced for the Security Deposit and Sublandlord shall have actual cost of carpet cleaning of all carpets in the right to commingle leased premises by an independent professional upon the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions expiration of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a this lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)extension thereof.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of Upon signing this SubleaseLease, Subtenant Tenant shall immediately deposit with Sublandlord a security deposit (Landlord the amount set forth in Article 1 as the “Security Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of Rent, Base Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the removal Leased Premises caused by Tenant; (iii) to clean and repair the Leased Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default of Tenant to the repair of damage, Sublandlord mayextent permitted by Law including, without notice limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of Tenant to Subtenantbe owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, but Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord Deposit. If Landlord transfers the Building during the Lease Term, Landlord shall have the right to commingle pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other hereby waives the provisions of law, now or hereafter in effect, California Civil Code Section 1950.7 to the contrary) a period of sixty days following a surrender of the Leased Premises by Tenant to Landlord within which to return the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord maysixty days is a reasonable period of time within which to inspect the Leased Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen’s ▇▇▇▇▇▇▇▇ therefore, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)considered prepaid rent.

Appears in 2 contracts

Sources: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)

Security Deposit. Concurrent Concurrently with Subtenant’s execution Tenant's delivery of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the “Security Deposit”) in the amount sum, if any, stated in Item 9 of the Terms of SubleaseBasic Lease Provisions, to be held by Landlord as security for the full and faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and Lease (the Master Lease"Security Deposit"). If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. Subject to the last sentence of this Section, the Security Deposit shall be understood and agreed to be the property of Landlord upon Landlord's receipt thereof, and may be utilized by Landlord in its sole and absolute discretion towards the payment of all expenses by Landlord for which Tenant would be required to reimburse Landlord under this Lease, including without limitation brokerage commissions and Tenant Improvement costs. Upon any Event of Default by Tenant (as defined in Section 14.1), Landlord may, in its sole and absolute discretion, retain, use or apply all the whole or any part of the Security Deposit for to pay any sum which Tenant is obligated to pay under this Lease, sums that Landlord may expend or be required to expend by reason of the payment Event of Default by Tenant or any Rent loss or damage that Landlord may suffer by reason of the Event of Default or costs incurred by Landlord in connection with the repair or restoration of the Premises pursuant to Section 15.3 of this Lease upon expiration or earlier termination of this Lease. In no event shall Landlord be obligated to apply the Security Deposit upon an Event of Default and Landlord's rights and remedies resulting from an Event of Default, including without limitation, Tenant's failure to pay Basic Rent, Tenant's Share of Operating Expenses or any other sum amount due to Landlord pursuant to this Lease, shall not be diminished or altered in Default and Subtenant shallany respect due to the fact that Landlord is holding the Security Deposit. If any portion of the Security Deposit is applied by Landlord as permitted by this Section, upon Tenant shall within five (5) days after written demand therefor, by Landlord deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of If Tenant fully performs its obligations under this Lease, the Security Deposit shall be returned to SubtenantTenant (or, or at Sublandlord’s Landlord's option, to the last assignee of Tenant’s 's interest hereunder, in this Lease) within sixty thirty (6030) days following after the expiration of the Sublease Term. , provided that Tenant shall not be entitled to any interest on agrees that Landlord may retain the Security Deposit to the extent and Sublandlord until such time as all amounts due from Tenant in accordance with this Lease have been determined and paid in full and Tenant agrees that Tenant shall have the right to commingle the no claim against Landlord for Landlord's retaining such Security Deposit with Sublandlord’s other funds. Subtenant hereby waives to the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified extent provided in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Section.

Appears in 2 contracts

Sources: Lease (Intest Corp), Lease (Ydi Wireless Inc)

Security Deposit. Concurrent If so specified in the Basic Lease Information, Tenant shall deposit with Subtenant’s Landlord the Security Deposit upon the execution of this Sublease, Subtenant Lease by Tenant. The Security Deposit shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, be held by Landlord as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults Tenant fails to pay any Rent due hereunder, or otherwise commits a default (after applicable notice and cure periods) with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthLandlord may use, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply or retain all or any part portion of the Security Deposit for the payment of any such Rent or for the payment of any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations amounts expended or improvements approved incurred by Landlord by reason of Tenant's default, or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes compensate Landlord for any loss or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned which Landlord may incur thereby (subject to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code Section 1950.7(c) and all other provisions of law, now any similar or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide successor statute providing that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant, or to clean the premisesPremises). Exercise by Landlord of its rights hereunder shall not constitute a waiver of, it being agreed that Sublandlord mayor relieve Tenant from any liability for, any default. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall, within ten (10) days after demand by Landlord, deposit cash with Landlord in additionan amount sufficient to restore the Security Deposit to its full amount. If Tenant performs all of Tenant's obligations hereunder, claim those sums specified in this Article 13 above and/or those sums reasonably necessary the Security Deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without interest, to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default Tenant (or, at Landlord's option, to the last assignee, if any, of Tenant's interest under this SubleaseLease) within thirty (30) days after the later of (i) the date of expiration or earlier termination of this Lease, includingor (ii) vacation of the Premises by Tenant if the Premises has been left in the condition specified by this Lease. Landlord's receipt and retention of the Security Deposit shall not create any trust or fiduciary relationship between Landlord and Tenant and Landlord need not keep the Security Deposit separate from its general accounts. Subject to Section 22.1, but not limited to, all damages or rent due upon termination of this Sublease pursuant the original Landlord's (or any successor owner's) interest in the Premises, the original Landlord (or such successor) shall be released from further liability with respect to Section 1951.2 of the Security Deposit upon the original Landlord's (or such successor's) compliance with California Civil Code (as such provision may be amended Section 1950.7(d), or modified)successor statute.

Appears in 2 contracts

Sources: Office Lease (Critical Path Inc), Office Lease (Critical Path Inc)

Security Deposit. Concurrent with Subtenant’s execution of Upon signing this SubleaseLease, Subtenant Tenant shall immediately deposit with Sublandlord a security deposit (Landlord, in cash, the Security Deposit”) in the amount stated in the Terms of Sublease, Deposit as security for the faithful performance by Subtenant Tenant of all the terms of its obligations under this Sublease Lease to be performed by Tenant, and not as prepayment of Rent. At Tenant's option, at any time following execution of this Lease by Landlord and Tenant and Tenant's initial deposit with Landlord of the cash Security Deposit as required in the preceding sentence, the cash Security Deposit may be replaced with an unconditional, clean, irrevocable, standby letter of credit complying with the terms of this Section 3.7 and the Master Leaseterms and conditions set forth in Exhibit D attached hereto and incorporated herein by reference (the "Letter of Credit"). If Subtenant Defaults with respect Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any provisions of this Sublease default (including any obligations under the Master Lease), beyond any after applicable notice and cure period set forth, including but not limited to, the provisions relating to periods) by Tenant in the payment of Base Monthly Rent or Additional Rent or a late charge or interest on defaulted Rent, ; (ii) to repair damage to the removal Premises caused by Tenant; (iii) to clean and repair the Premises following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default (after applicable notice and cure periods) of Tenant to the repair of damage, Sublandlord mayextent permitted by Law including, without notice limitation, paying in full on Tenant's behalf any sums claimed by material men or contractors of Tenant to Subtenantbe owing to them by Tenant for work done or improvements made at Tenant's request to the Premises. In this regard, but Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building during the Term, Landlord may transfer the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event Landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other hereby waives the provisions of law, now or hereafter California Civil Code Section 1950.7 to the contrary) a period of thirty (30) days following a surrender of the Premises by Tenant to Landlord in effect, accordance with the terms of this Lease within which to return the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord maythirty (30) days is a reasonable period of time within which to inspect the Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen's ▇▇▇▇▇▇▇▇ therefore, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)considered prepaid Rent.

Appears in 2 contracts

Sources: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)

Security Deposit. Concurrent Concurrently with SubtenantTenant’s execution delivery to Landlord of an executed copy of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord, and at all times during the Term shall maintain, the Security Deposit”) , in the amount stated in the Terms of Subleasecash, as security for the faithful performance by Subtenant Tenant of all the terms of its obligations under this Sublease and the Master Lease. If Subtenant Defaults Tenant fails to pay Rent or other charges due hereunder or otherwise defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forththen Landlord may draw upon, including but not limited touse, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply or retain all or any part portion of the Security Deposit for the payment of any Rent or other charge in default, for the payment of any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit which Landlord has become obligated to its original amount. Any alterations or improvements approved pay by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee reason of Tenant’s interest hereunderdefault, within sixty (60) days following the expiration of the Sublease Termor to compensate Landlord for any loss or damage which Landlord has suffered thereby, including future rent damages under California Civil Code Section 1951.2, without prejudice to any other remedy provided herein or by law. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, which (i) establish the time frame by which a landlord must refund a security deposit under a leaseincluding, and/or (ii) provide without limitation, California Civil Code Section 1951.7, that a landlord provides that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant, or to clean the premisesPremises, it being agreed that Sublandlord mayLandlord, in addition, may claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenant’s Default under this Subleasethe act or omission of Tenant or any Tenant Party, including, but not limited to, all including future rent damages or rent due upon following the termination of this Sublease Lease. If Landlord so uses or applies all or any portion of the Security Deposit, then Tenant, within ten (10) days after demand therefor, shall deposit cash with Landlord in the amount required to restore the Security Deposit to the full amount stated above. Within sixty (60) days of the expiration of this Lease, if Tenant is not in default, Landlord shall return to Tenant so much of the Security Deposit as has not been applied by Landlord pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended this paragraph, or modified)which is not otherwise required to cure Tenant’s defaults.

Appears in 2 contracts

Sources: Lease (Protagonist Therapeutics, Inc), Lease (Protagonist Therapeutics, Inc)

Security Deposit. Concurrent with Subtenant’s In addition to the payments set forth herein for rent, LESSEE shall, upon execution of this Subleasehereof, Subtenant shall deposit with Sublandlord a security deposit (LESSOR the “Security Deposit”) in the amount stated in the Terms sum of Sublease$ , as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating be applied against damage to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for premises, including the payment of any Rent or furnishings and appliances within said unit, common hallways, stairwells and other common areas contiguous to LESSEE’s apartment, and any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage expense caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned LESSEE to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, LESSOR including, but not limited to: repair, all damages reset or rent replacement of fire alarms; damage to windows and doors in building halls and entry ways, laundry facilities, carpet/vinyl in halls, mailboxes; expense of breaking up parties in halls, entry way or parking lot; removal of garbage, trash, and discarded furniture not placed in dumpster, and any other expense including past due rent, charges, damages, utility bills and attorney’s fees incurred by LESSOR. Said Security Deposit shall be applied to any of the aforesaid losses related to the aforesaid unit unless said expense is paid for prior to the end of the term of said lease. In that event or in the event there is no such damage, a refund of said deposit shall be made at the end of the term pursuant to statute. LESSOR and/or AGENTS assessment of any loss or damage to the premises or furnishings therein caused by LESSEE or its guests shall be binding upon the LESSEE herein. Upon repair of and billing for such damage by LESSOR or its AGENT, the LESSEE agrees to pay LESSOR immediately upon receipt of such ▇▇▇▇ for repairs. Upon termination of said Lease, the unit including furnishings and appliances shall be left by LESSEE in a sanitary, clean condition, suitable for immediate lease to another tenant and any loss, costs or expenses occasioned by LESSEE’S failure to do so shall be charged against the aforesaid security deposit. LESSEE further agrees that upon his failure to vacate the leased premises at the termination date of this Sublease pursuant lease, LESSEE shall be liable for double the amount of rent per month until such time as they vacate the premises. A self addressed stamped envelope must be given to Section 1951.2 of LESSOR upon vacating the California Civil Code (as such provision may premises. If not given, a postage and handling fee will be amended or modified)deducted from LESSEE’s Security Deposit.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant The Security Deposit shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, be held by Landlord without obligation for interest thereon as security for the faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions The Security Deposit is not an advance rental deposit or a measure of this Sublease Landlord's damages in case of Tenant's default. Upon each occurrence of a Default (including any obligations under the Master Leaseas defined in Section 20), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part of the Security Deposit for to pay delinquent payments due under this Lease, future rent damages under Chapter 83, Florida Statutes, 2006, and the payment cost of any Rent damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Landlord's right to use the Security Deposit under this Section 6 includes the right to use the Security Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use of all or any other sum in Default and Subtenant shallportion of the Security Deposit, upon Tenant shall pay Landlord on demand therefor, the amount that will restore the Security Deposit to its original amount. Any alterations Upon bankruptcy or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of other debtor-creditor proceedings against Tenant, the Security Deposit shall be returned deemed to Subtenant, or at Sublandlord’s option, be applied first to the last assignee payment of Tenant’s interest hereunder, within sixty (60) days following Rent and other charges due Landlord for periods prior to the expiration filing of the Sublease Termsuch proceedings. Tenant shall not be entitled to any interest on Landlord's obligation respecting the Security Deposit and Sublandlord is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant's obligations under this Lease have the right been completely fulfilled. Landlord shall be released from any obligation with respect to commingle the Security Deposit with Sublandlord’s other fundsupon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Section 6. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, including, without limitation, Chapter 83, Florida Statutes, 2006, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenant’s Default the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. The Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this SubleaseLease), includingshall be returned to Tenant (or, but not limited toat Landlord's option, all damages to the last assignee of Tenant's interest hereunder) within 90 days after the expiration or rent due upon earlier termination of this Sublease pursuant Lease. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord's obligations under this Section 1951.2 6 or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the California Civil Code (as such provision may be amended Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant's right to the return of the Security Deposit shall apply solely against Landlord's transferee. The Security Deposit is not an advance rental deposit or modified)a measure of Landlord's damages in case of Tenant's default. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.

Appears in 2 contracts

Sources: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Security Deposit. Concurrent with Subtenant’s execution ▇▇▇▇▇▇ acknowledges receipt from ▇▇▇▇▇▇ the sum of this SubleaseN/A as security deposit. ▇▇▇▇▇▇ agrees that Lessor may, Subtenant shall deposit with Sublandlord a at his option, retain said security deposit (the “Security Deposit”) in the amount stated order to remedy any default by ▇▇▇▇▇▇ in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rentand to restore the premises to its original condition as the same was at the commencement of the initial term of this Rental Agreement to compensate Lessor for damages sustained as a result of ▇▇▇▇▇▇'s failure to give ninety (90) days written notice of ▇▇▇▇▇▇'s intention not to renew this Rental Agreement as provided above, or to compensate Lessor for any other actual damages Lessor may have. ▇▇▇▇▇▇ further agrees that the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall above mentioned security deposit or any part thereof may not be required applied or deducted by ▇▇▇▇▇▇ in lieu of payment of any rent due hereunder. Lessee shall be responsible for all cleaning charges, costs or restoration of the premises to apply its original condition, or any other damages in excess of security deposit, and for any and all other damages to the premises. ▇▇▇▇▇▇ acknowledges that the said premises have been inspected by ▇▇▇▇▇▇ and been found to be in a clean and acceptable condition. ▇▇▇▇▇▇ further acknowledges that appropriate smoke alarms have been installed in the premises and are in working condition at the inception of the Rental Agreement. ▇▇▇▇▇▇ agrees to return all keys on or before the expiration of the Rental Agreement. In the event ▇▇▇▇▇▇ fails to return all keys, ▇▇▇▇▇▇ agrees to pay a charge of forty five dollars to ▇▇▇▇▇▇ for the cost of changing locks and hereby authorizes Lessor to withhold such amount from the aforementioned security deposit at the Lessor's option. In the event Lessor believes it necessary to use any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs damage to the Common Areas due house during the term of this Lease or to changes or damage caused remedy any default by Subtenant. Any unapplied portion ▇▇▇▇▇▇ during the term of this Lease, ▇▇▇▇▇▇ agrees to re-deposit with Lessor the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to amount used by the last assignee of Tenant’s interest hereunder, Lessor within sixty three (603) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame notice thereof by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)▇▇▇▇▇▇.

Appears in 1 contract

Sources: Rental Agreement

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant Tenant shall deposit with Sublandlord a Landlord on the date of this Lease security deposit (the “Security Deposit”"SECURITY DEPOSIT") for the performance of all of its obligations in the amount stated set forth in the Terms Basic Lease Provisions, which security shall be in the form of Subleaseeither cash or an unconditional and irrevocable letter of credit (the "LETTER OF CREDIT"): (i) in form and substance satisfactory to Landlord, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer notice that Landlord is entitled to draw thereunder, (iv) drawable on an FDIC-insured financial institution satisfactory to Landlord, and (v) redeemable in the state of Landlord's choice. If Tenant does not provide Landlord with a substitute Letter of Credit complying with all of the requirements hereof at least ten (10) days before the stated expiration date of the current Letter of Credit Landlord shall have the right to draw upon the current Letter of Credit and hold the funds drawn as the Security Deposit. The Security Deposit shall be held by Landlord as security for the faithful performance of Tenant's obligations under this Lease. If Tenant defaults under this Lease, Landlord may use any part of the Security Deposit to pay or perform any obligation of Tenant under this Lease, or to compensate Landlord for any loss or damage resulting from any default, without prejudice to any other remedy provided herein or provided by Subtenant law. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. To the extent any portion of the Security Deposit is used, Tenant shall, within five (5) days after demand from Landlord, reinstate the Security Deposit to its full amount. If Tenant shall perform all of its obligations under this Sublease Lease and return the Master LeasePremises to Landlord at the end of the Term, Landlord shall return any remaining Security Deposit or Letter of Credit to Tenant. If Subtenant Defaults with respect Following an initial public offering of the capital stock of Tenant, Landlord will reevaluate the Security Deposit required hereunder to determine, in its sole good faith discretion, whether any provisions of this Sublease (including any obligations under reduction in the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part amount of the Security Deposit for held hereunder is appropriate. If Landlord transfers its interest in the payment Project or this Lease, Landlord shall either (a) transfer any Letter of Credit or Security Deposit then held by Landlord to a person or entity assuming Landlord's obligations under this Section 7, or (b) return to Tenant any Rent Letter of Credit or any other sum Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Letter of Credit and/or Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Letter of Credit and/or Security Deposit, and Tenant's right to the return of the Letter of Credit and/or Security Deposit shall apply solely against Landlord's transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord's damages in Default and Subtenant shall, upon demand therefor, restore case of Tenant's default. Landlord's obligation respecting the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition is that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal a debtor, not a trustee and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit no interest shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)accrue thereon.

Appears in 1 contract

Sources: Lease Agreement (Memory Pharmaceuticals Corp)

Security Deposit. Concurrent Tenant shall pay the Security Deposit to Landlord concurrently with SubtenantTenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of SubleaseLease, as security for the faithful performance by Subtenant Tenant of all of its obligations under the terms, covenants, conditions and agreements of this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions Any pledge, transfer or other encumbrance by Tenant of this Sublease (including any obligations under Tenant’s interest in the Master Lease)Security Deposit shall be null and void. Landlord may retain, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to use or apply all or any part of the Security Deposit to compensate Landlord for the payment any expense, loss or damage suffered or expected to be suffered by Landlord as a result of any Rent Default by Tenant under this Lease, including any amounts Landlord is obligated or elects to spend in order to cure any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease TermDefault. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions §1950.7 (which restricts application of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only to those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant Tenant, or to clean premises) and all similar Laws now in force or subsequently adopted which restrict application of security deposits to specific purposes. If all or any portion of the premisesSecurity is so applied by Landlord, it being agreed that Sublandlord mayTenant shall, within ten (10) days following demand by Landlord, deposit with Landlord an amount sufficient to restore the Security Deposit to the original amount plus any increased amounts as required by this Lease. If Tenant fails to timely restore the Security Deposit, Landlord shall have the right to increase the Security Deposit amount to 150% of the maximum monthly Base Rent amount payable under this Lease during the Term. Landlord’s application of all or any portion of the Security Deposit to any obligation of Tenant hereunder shall not limit Landlord’s damages or constitute a waiver by Landlord of any claims against or obligations of Tenant, other than the specific monetary obligations to which the Security Deposit is applied, and then only to the extent such obligations are thereby satisfied. Landlord shall not be required to keep the Security Deposit separate from its general funds, Tenant shall not be entitled to interest thereon, and Tenant waives the benefit of any Law to the contrary. In no event shall Tenant have the right to apply any part of the Security Deposit to any Rent payable under this Lease. Provided Tenant is not in additionDefault at the expiration or sooner termination of this Lease, claim those sums specified in this Article 13 above and/or those sums reasonably and except to the extent necessary to compensate Sublandlord cure any Default or perform any continuing obligation of Tenant hereunder, the Security Deposit shall be returned to Tenant within sixty (60) days following the later of the expiration of the Term or Tenant’s surrender of the Premises in the condition required under this Lease. If Landlord disposes of its interest in the Premises, Landlord may deliver or credit the Security Deposit to Landlord’s successor in interest in the Premises and the transferring Landlord shall thereupon be relieved of further responsibility with respect to the Security Deposit, and Tenant shall look solely to the successor Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)claims therefor.

Appears in 1 contract

Sources: Lease Agreement (Plumtree Software Inc)

Security Deposit. Concurrent Section 5 of the Lease is hereby amended by adding ---------------- the following at the end of Section 5: (a) The security deposit shall be in the form of cash or, at Tenant's option, an irrevocable letter of credit (the "Security Deposit L/C"). If the security deposit is in the form of letter of credit, the Security Deposit L/C shall be delivered to Landlord at Tenant's sole cost and expense. The Security Deposit L/C shall be issued by and drawn on a bank reasonably acceptable to Landlord, in Landlord's sole discretion, and shall name Landlord as Beneficiary. If the maturity date of the Security Deposit L/C is prior to the end of the Term of the Lease, Tenant shall renew the Security Deposit L/C as often as is necessary with Subtenant’s execution the same bank or financial institution (or a similar bank or financial institution reasonably acceptable to Landlord) and upon the same terms and conditions, not less than thirty (30) days prior to the purported expiration date of the Security Deposit L/C. In the event that Tenant fails to timely renew the Security Deposit L/C as aforesaid, Landlord shall be entitled to draw against the entire amount of the Security Deposit L/C. The Security Deposit L/C shall be assignable by Landlord and upon such assignment to any party assuming in writing the lessor interest in this Lease, Landlord shall be relieved from all liability to Tenant therefor. (b) Upon the occurrence of any default by Tenant in the payment of Base Rent (and the expiration of any applicable notice or cure periods) or upon the occurrence of the events described in Section 13.1 of the Lease (and following any applicable notice or cure periods) or in the event that Landlord terminates this Lease in accordance with the terms hereof following a default by Tenant, Landlord shall have the right to draw the entire amount of the Security Deposit L/C. In the event that Tenant defaults (after the expiration of any applicable notice or cure periods) in making any money payment required to be made by Tenant under the terms of this SubleaseLease other than the payment of Base Rent, Subtenant then Landlord shall deposit be entitled to draw upon so much of the Security Deposit L/C as equals the defaulted payment(s), plus any interest or other charges due thereon in accordance with Sublandlord this Lease, plus an additional ten percent (10%) of such total. If Landlord elects to make a security deposit partial draw upon the Security Deposit L/C, Tenant shall promptly restore the Security Deposit L/C to its original amount. Landlord's election to make a partial draw upon the Security Deposit L/C shall in no event prejudice or waive Landlord's right to terminate this Lease if permitted under applicable provisions of this Lease, nor shall such election prejudice or waive any other remedy of Landlord reserved under the terms of this Lease, including the right to draw the entire amount of the Security Deposit L/C, if applicable. The Security Deposit L/C shall be available for payment against the presentation of a sight draft by the Landlord (the “Security Deposit”with simultaneous notice to Tenant) together with a certificate from Landlord that Tenant is in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all default of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions hereunder beyond expiration of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthperiods and that Landlord is entitled, including but not limited toby the terms of this Lease, to draw upon the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part Security Deposit L/C. The proceeds of the Security Deposit L/C, if drawn by Landlord pursuant to the terms hereof, shall be held by Landlord and applied to reduce any amount owed by Tenant to Landlord. Interest shall be payable in accordance with Section 5 of the Lease for any Security Deposit L/C proceeds held on account. (c) In the event that (1) Landlord draws the full amount of the Security Deposit L/C as a result of a default by Tenant, (2) this Lease is not terminated by Landlord as a result of such default, (3) such default is fully cured by Tenant, and (4) there is no outstanding uncured default by Tenant, then the balance of the sums drawn (after the payment of any Rent or sums related to the curing of any other sum in Default defaults) shall be applied first to obtain a replacement letter of credit as security for Tenant's performance hereunder, and Subtenant shallthe remaining balance, upon demand thereforif any, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted refunded to Tenant. Upon the termination of this Lease and the payment in full to Landlord of all damages, costs and expenses to which Landlord is entitled, the balance of any funds drawn from the Security Deposit and may include repairs L/C after satisfying such obligations in full shall be refunded to Tenant. (d) To the Common Areas due to changes extent that the Security Deposit L/C is either lost or damage caused by Subtenant. Any unapplied portion the issuing bank will not honor the Security Deposit L/C, ▇▇▇▇▇ personally guarantees the proceeds of the Security Deposit shall be returned L/C and will immediately remit to Subtenant, or at Sublandlord’s option, to Landlord the last assignee amount of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right in cash to commingle the Security Deposit be held in accordance with Sublandlord’s other funds. Subtenant hereby waives the provisions of this Section 1950.7 5 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Lease."

Appears in 1 contract

Sources: Lease Agreement (Amisys Managed Care Systems Inc)

Security Deposit. Concurrent (a) Concurrently with Subtenant’s the execution of this Subleasehereof, Subtenant Tenant shall deposit with Sublandlord a security deposit (pay to Landlord the agreed upon Security Deposit”) in the amount stated in the Terms of Sublease, Deposit as security for the full and faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to at any provisions of this Sublease (including any obligations under time during the Master Lease)Term, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to Tenant shall be in default in the payment of RentRent or in default for any other reason, Landlord may use. apply or retain all or part of the removal Security Deposit for payment of property and the repair any amount due Landlord or to cure such default or to reimburse or compensate Landlord for any liability, loss, cost, expense or damage (including attorneys’ fees) which Landlord may suffer or incur by reason of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply ▇▇▇▇▇▇’s default. If Landlord uses or applies all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant Deposit, Tenant shall, upon demand thereforon demand, pay to Landlord a sum sufficient to restore the Security Deposit to its original amountthe full amount required by this Lease. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or Upon expiration of the Sublease must be removed by Subtenant; Subtenant agrees that Term or earlier termination of this Lease and after Tenant has vacated the cost of such removal and repair will be deducted from Leased Premises, Landlord shall return the Security Deposit and to Tenant, reduced by such amounts as may include repairs be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent, to repair damages to the Common Areas due to changes or damage Leased Premises caused by SubtenantTenant and to clean the Leased Premises. Any unapplied The portion of the Security Deposit deposit not so required shall be returned paid over to SubtenantTenant (or, or at SublandlordLandlord’s option, to the last assignee of Tenant’s interest hereunder, in this Lease) within sixty thirty (6030) days following the after expiration of the Sublease TermTerm or earlier termination hereof. Tenant Landlord shall not be entitled to any interest on hold the Security Deposit and Sublandlord for the foregoing purposes; provided, however, that Landlord shall have the right no obligation to commingle segregate the Security Deposit with Sublandlord’s other fundsfrom its general funds or to pay interest in respect thereof. Subtenant No part of the Security Deposit shall be considered to be held in trust, or to be prepayment of any monies to be paid by Tenant under this Lease. Tenant hereby waives (i) the provisions protections of Section 1950.7 of the California Civil Code Code, as it may hereafter be amended and any and all other provisions laws, rules and regulations applicable to security deposits in the commercial context (“Security Deposit Laws”), and (ii) any and all rights, duties and obligations either party may now or, in the future, will have relating to or arising from the Security Deposit Laws. Notwithstanding anything to the contrary herein, the Security Deposit may be retained and applied by Landlord (a) to offset Rent which is unpaid either before or after termination of lawthis Lease, now and (b) against other damages suffered by Landlord before or hereafter after termination of this Lease. (b) Instead of a cash deposit, Tenant shall deliver the Security Deposit to Landlord in effectthe form of a clean and irrevocable letter of credit (the “Letter of Credit”) issued by and drawable upon (said issuer being referred to as the “Issuing Bank”) a financial institution which is reasonably approved by Landlord, provided that Landlord shall not withhold its consent to an Issuing Bank which is insured by the Federal Deposit Insurance Corporation, and the long term unsecured debt obligations of which are rated at least “AA” by Fitch and Standard & Poors and “Aa2” by ▇▇▇▇▇’▇. Such Letter of Credit shall (a) name Landlord as beneficiary, (b) be in the amount of the Security Deposit, (c) have a term of not less than one (1) year, (d) permit multiple drawings, (e) be fully transferable by Landlord, and (f) otherwise be in form and content reasonably satisfactory to Landlord. If upon any transfer of the Letter of Credit, any fees or charges shall be so imposed, then such fees or charges shall be payable solely by ▇▇▇▇▇▇ and the Letter of Credit shall so specify and if the Issuing Bank will not agree to the transfer (or if it imposes unreasonable requirements for the transfer), Tenant shall promptly replace such Letter of Credit. The Letter of Credit shall provide that it shall be deemed automatically renewed, without amendment, for consecutive periods of one year each thereafter during the Term unless the Issuing Bank sends a notice (the “Non-Renewal Notice”) to Landlord by certified mail, return receipt requested, not less than 45 days next preceding the then expiration date of the Letter of Credit stating that the Issuing Bank has elected not to renew the Letter of Credit. Landlord shall have the right, upon receipt of the Non-Renewal Notice, to draw the full amount of the Letter of Credit, by sight draft on the Issuing Bank, and shall thereafter hold or apply the cash proceeds of the Letter of Credit pursuant to the terms of this Section 5.14. The Issuing Bank shall agree with all drawers, endorsers and bona fide holders that drafts drawn under and in compliance with the terms of the Letter of Credit will be duly honored upon presentation to the Issuing Bank at an office location in the San Francisco Bay Area. Notwithstanding the foregoing, Landlord hereby approves Silicon Valley Bank as an Issuing Bank. (c) Notwithstanding anything in this Section 5.14 to the contrary, the Security Deposit shall be reduced from $901,152.00 to $450,576.00 if Tenant provides to Landlord at any time during the Term after the last day of the forty-fourth (44th) full calendar month after the Term Commencement Date financial statements, in form and substance reasonably satisfactory to Landlord, showing an operating profit for Tenant in each of the four (4) consecutive quarters immediately preceding Tenant’s delivery of such financial statements. In the event that Tenant satisfies the condition above, Tenant shall have the right to reduce the Letter of Credit amount via the delivery to Landlord of either (i) establish an amendment to the time frame by which a landlord must refund a security deposit under a leaseexisting Letter of Credit (in form and content reasonably acceptable to Landlord) reducing the Letter of Credit amount to the amount set forth above, and/or or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults an entirely new Letter of Credit (in the payment form and content required by this Section 5.14) in the Letter of rentCredit amount then required as set forth above. If applicable, Landlord shall cooperate with Tenant in executing such authorizations as the Issuing Bank may require to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for accomplish any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)reduction.

Appears in 1 contract

Sources: Office Building Lease (Marqeta, Inc.)

Security Deposit. Concurrent with Subtenant’s execution (a) On the Effective Date, or, in the case of this Subleasean LOC as defined below, within ten days of the Effective Date, Subtenant shall deposit with pay over to Sublandlord a $1,000,000, as security deposit for the full and faithful performance of every provision of this Sublease to be performed by Subtenant (the “Security Deposit”) ). At Subtenant’s option, the Security Deposit may be in the amount stated in form of an irrevocable and unconditional standby letter of credit (“LOC”) issued by a financial institution reasonably satisfactory to Sublandlord drawable by Sublandlord upon demand, meeting the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Leaserequirements set forth below. If Subtenant Defaults elects to provide an LOC, then at any time thereafter and at its sole option, Subtenant may substitute the sum of $1,000,000 as the Security Deposit and thereafter terminate the LOC. The Security Deposit is not an advance Rent deposit, an advance payment of any other kind, or a measure of Sublandlord’s damage in case of Subtenant’s default. If Subtenant defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthSublease, including but not limited to, to the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord maySublandlord, without notice prejudice to Subtenantany other right or remedy it may have, but shall not be required to may use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and amount which Sublandlord may spend or become obligated to spend by reason of Subtenant’s default, to repair damages to any part of the Sublease Premises or the Building, to clean the Sublease Premises or to compensate Sublandlord for any other loss or damage which Sublandlord may suffer by reason of Subtenant’s default. Following any application of the Security Deposit, Subtenant shall, upon demand thereforwithin five (5) days following Sublandlord’s demand, restore cause the Security Deposit to be restored to its full original amount. Any alterations or improvements approved by Landlord or Sublandlord with , and Subtenant’s failure to cause the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion restoration of the Security Deposit shall be returned to deemed a Default under this Sublease without further notice or cure period. In the event of bankruptcy or other insolvency proceedings filed by or against Subtenant, or at Sublandlord’s option, the Security Deposit shall be deemed to be applied first to the last assignee payment of Tenant’s interest hereunderRent and other charges due Sublandlord for all periods prior to the effective date of such proceedings. Sublandlord shall not be required to keep the Security Deposit separate from its general funds, within sixty (60) days following the expiration of the Sublease Term. Tenant and Subtenant shall not be entitled to any interest on the Security Deposit Deposit. If Subtenant fully and Sublandlord shall have the right faithfully performs every provision of this Sublease to commingle be performed by Subtenant, the Security Deposit or any unapplied balance thereof shall be returned to Subtenant within a reasonable period of time following the Expiration Date. (b) If the Security Deposit is in the form of an LOC, the LOC shall secure the full and faithful performance of Subtenant’s obligations under this Sublease and shall be in the amount of $1,000,000. The LOC shall be fully assignable by Sublandlord and shall be automatically renewable throughout the Sublease Term with Sublandlord’s other fundsa final expiration date no earlier than July 9, 2019. Subtenant hereby waives Failure to provide the provisions LOC or to keep it in effect throughout the Sublease Term shall be an immediate Default (as defined Section 20) under this Sublease without notice. The financial institution issuing the LOC (and any renewal or substitute LOC) must (a) be located in the United States and have an office in the continental United States at which the LOC may be presented for payment by facsimile or electronic communication or a local office in the Puget Sound region in which the LOC can be presented for payment, (b) have and maintain at all times total assets of Section 1950.7 at least One Billion Dollars ($1,000,000,000), and (c) have a Standard and Poors credit rating of the California Civil Code and all other provisions of law, now AA (or hereafter in effect, which better) for unsecured debt. If (i) establish the time frame by which a landlord must refund a security deposit under a leasetotal asset level of the financial institution issuing the LOC falls below One Billion Dollars ($1,000,000,000) or its Standard and Poors credit rating falls below AA, and/or or (ii) provide that a landlord the issuing bank closes its United States office at which the LOC may claim from a security deposit only those sums reasonably necessary to remedy defaults be presented for payment by facsimile or electronic communication or the local office in the payment Puget Sound region in which the LOC can be presented for payment, then in either of rentsuch circumstances, Subtenant shall within ten (10) days after written notice from Sublandlord, provide a substitute letter of credit from another financial institution acceptable to repair damage caused by a tenant or to clean the premisesSublandlord or, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by at Subtenant’s Default option, substitute cash in the amount of $1,000,000 as the Security Deposit. If Sublandlord transfers its interest in the Sublease Premises, or any portion thereof, during the term of this Sublease, Sublandlord may transfer the LOC and any and all unapplied proceeds thereof then held by Sublandlord to the transferee and, provided the transferee assumes and agrees to perform all of Sublandlord’s obligations under this Sublease, then Sublandlord thereafter will have no further liability with respect to the LOC or the proceeds, including, but not limited towithout limitation, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 any liability for the return of the California Civil Code LOC or the proceeds. Subtenant is solely responsible for any and all third-party fees or costs (whether payable to the issuing bank or otherwise) in order to effect such transfer of the LOC. Subtenant shall reimburse Sublandlord upon demand and as a component of Additional Rent for any such provision may be amended fees or modified)costs incurred by Sublandlord.

Appears in 1 contract

Sources: Sublease (Dendreon Corp)

Security Deposit. Concurrent Concurrently with Subtenant’s execution of this Subleasehereof, Subtenant shall deposit with Sublandlord a security deposit (Tenant has paid to Landlord the Security Deposit”) Deposit specified in the amount stated in the Terms of Sublease, Basic Lease Information as security for the full and faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Defaults a default occurs under this Lease, or if Tenant is the subject of an Insolvency Proceeding, Landlord may use the Security Deposit to remedy any such default and to compensate Landlord for damages incurred. If Landlord uses any portion of the Security Deposit to cure any default by Tenant hereunder, Tenant shall deposit additional cash with respect Landlord in an amount equal to any provisions restore the Security Deposit to its original amount within ten (10) days of notice from Landlord; and Tenant’s failure to do so shall become be a material breach of this Sublease Lease. Landlord shall hold the Security Deposit for the foregoing purposes; provided, however, that Landlord shall have no obligation to segregate the Security Deposit from its general funds or to pay interest thereon. Within thirty (including any obligations under 30) days after the Master Lease), beyond any applicable notice and cure period set forth, including but not limited toexpiration of the Term or earlier termination, the provisions relating Security Deposit shall be returned to Tenant, reduced by those amounts that may be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent, to repair damages to the removal Premises caused by Tenant and to clean the Premises. If Landlord conveys or transfers its interest in the Leased Premises, and as a part of property such conveyance or transfer, assigns its interest in this Lease and Security Deposit, or any portion thereof not previously applied, the repair Security Deposit shall be transferred to Landlord’s successor and Landlord shall be released and discharged from any further liability to Tenant with respect to such Security Deposit. In no event shall any mortgagee or beneficiary under a mortgage or deed of damagetrust encumbering all or any portion of the Project, Sublandlord mayor any purchaser of all or any portion of the Project at a public or private foreclosure sale under such mortgage or deed of trust, without notice have any liability or obligation whatsoever to Subtenant, but shall not be required to apply Tenant or Tenant’s successors or assigns for the return of all or any part of the Security Deposit for in the payment event any such mortgagee, beneficiary or purchaser becomes a mortgagee in possession or succeeds to the interest of any Rent Landlord under this Lease unless, and then only to the extent that, such mortgagee, beneficiary or purchaser has received all or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion part of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Deposit.

Appears in 1 contract

Sources: Lease Agreement (Omnivision Technologies Inc)

Security Deposit. Concurrent with SubtenantUpon Tenant’s execution of this Subleasehereof, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the “Security Deposit”) sum set forth in Section 1.3 of the amount stated in the Terms of Sublease, Basic Lease Provisions as security for the full and faithful performance of every provision of this Lease to be performed by Subtenant of all of its obligations under this Sublease and the Master LeaseTenant. If Subtenant Defaults with respect to Tenant breaches any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rentrent, Landlord may use all or any part of this security deposit for the removal payment of property and any rent or any other sums in default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of said deposit is so used or applied, Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the repair of damage, Sublandlord may, without notice security deposit to Subtenant, but its full amount. Tenant agrees that Landlord shall not be required to apply all keep the security deposit in trust, segregate it or any part of keep it separate from Landlord’s general funds but Landlord may commingle the Security Deposit for the payment of any Rent or any other sum in Default security deposit with its general funds and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on such deposit. At the Security Deposit expiration of the Term, and Sublandlord provided there exists no default by Tenant hereunder, the security deposit or any balance thereof shall have be returned to Tenant, provided that subsequent to the right expiration of this Lease, Landlord may retain from said security deposit any and all amounts reasonably estimated by Landlord to commingle cover the Security Deposit with Sublandlord’s anticipated costs to be incurred by Landlord to remove any signage provided to Tenant under this Lease, to remove cabling and other fundsitems required to be removed by Tenant under Section 29(b) below and to repair any damage caused by such removal, any other costs to perform any surrender obligations of Tenant not performed by the termination date, and any other damages or costs that Landlord reasonably determines is due Landlord from Tenant (in which case any excess amount so retained by Landlord shall be returned to Tenant within thirty (30) days after such removal, repair, or satisfaction of the damage or cost amount), and any and all amounts permitted by law or this Section 5. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code Section 1950.7 and all other provisions of any successor law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).

Appears in 1 contract

Sources: Office Lease (Vickers Vantage Corp. I)

Security Deposit. Concurrent Tenant has deposited or shall deposit concurrently with Subtenant’s Tenant's execution of this SubleaseLease, Subtenant shall deposit with Sublandlord a Landlord the amount set forth in Article I as the "Security Deposit" (LESS any unapplied security deposit (held by Landlord under the Original Lease, which shall be applied to the amount of the Security Deposit) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease (including any obligations under Lease to be performed by Tenant, and not as prepayment of rent. Tenant hereby grants to Landlord a security interest in the Master Lease), beyond any applicable notice and cure period set forthSecurity Deposit, including but not limited to, to replenishments thereof. Landlord may apply such portion or portions of the provisions relating Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2, and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent," Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted segregate it from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease TermLandlord's general accounts. Tenant shall not be b e entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may Section 1950.7 to the contrary) a period of ninety days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen's ▇▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Lease Agreement (Digital Microwave Corp /De/)

Security Deposit. Concurrent Contemporaneously with SubtenantTenant’s execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit pay to Landlord the Security Deposit (the “Security Deposit”) as defined in the amount stated in the Terms of SubleaseBasic Lease Information), as security for the faithful which shall be held by Landlord to secure Tenant’s performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord’s damages upon an Event of Default (as defined in Section 17). Notwithstanding anything to the contrary contained herein, upon the first day after the expiration of the twelfth (12th) Lease Month of the Term (the “Reduction Date”), provided that Tenant is not then in default of this Lease and Landlord has not applied any portion of the Security Deposit in accordance herewith, the Security Deposit shall be reduced to $46,935.90, with respect any balance being held by Landlord in excess of such amount to be returned Tenant within thirty (30) days of the Reduction Date. Landlord may, at Landlord’s discretion, from time to time following an Event of Default and without prejudice to any provisions of this Sublease (including any obligations under the Master Lease)other remedy, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply use all or any a part of the Security Deposit for to perform any obligation Tenant fails to perform hereunder or in connection with Landlord’s remedies under this Lease. Following any such application of the payment of any Rent or any other sum Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in Default and Subtenant shall, upon demand therefor, order to restore the Security Deposit to its original amount. Any alterations or improvements approved the amount then required to be held by Landlord or Sublandlord with pursuant hereto. Subject to the condition that such items be removed at requirements of, and conditions imposed by, Laws applicable to security deposits under commercial leases, Landlord shall, within the time of termination or expiration of required by applicable Law, return to Tenant the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit remaining after deducting all damages, charges and other amounts permitted by Law. Landlord and Tenant agree that such deductions shall be returned to Subtenantinclude, without limitation, all damages and losses that Landlord has suffered or at Sublandlord’s option, to the last assignee that Landlord reasonably estimates that it will suffer as a result of any breach of this Lease by Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions protections of Section 1950.7 1950.7(c) of the California Civil Code Code, as it may hereafter be amended, or similar laws of like import. Unless required otherwise by applicable Law, the Security Deposit may be commingled with other funds, and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults no interest shall be paid thereon. If Landlord transfers its interest in the payment Premises, Landlord may assign the Security Deposit to the transferee and, upon such transfer (and the delivery to Tenant of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 an acknowledgement of the California Civil Code (as such provision may be amended or modifiedtransferee’s responsibility for the Security Deposit if required by Law)., Landlord thereafter shall have no further liability for the return of the Security Deposit. OFFICE LEASE AGREEMENT ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Arcutis, Inc. 6

Appears in 1 contract

Sources: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

Security Deposit. Concurrent with Subtenant’s execution Tenant hereby agrees to pay to Landlord on the Effective Date, in cash or by certified check, (a) a sum equal to the Base Rental payment for the first (1st) calendar month of this Subleasethe Term equal in amount to $14,971.67 (the "First Month's Rent") plus (b) a sum equal to $-0- ------------------ (the sums in (a) and (b) collectively, Subtenant shall deposit with Sublandlord the "Security Deposit"). Tenant hereby ---------------- grants to Landlord a security deposit (interest in the Security Deposit”) in . Upon the amount stated in the Terms occurrence of Subleasean Event of Default, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect Landlord, from time to time, without prejudice to any provisions of this Sublease (including any obligations under the Master Lease)other remedy, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore may use the Security Deposit to its original amount. Any alterations the extent necessary to make good any arrears of Base Rental, Base Rental Adjustment, Parking Rental or improvements approved by Landlord to pay any other sums owed to Landlord, including any sums described in Section 6.8 or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that to pay the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes any damage, injury, expense, or damage liability caused by Subtenantany default by Tenant under this Lease. Any unapplied Landlord shall have, and Landlord expressly retains and preserves, all rights of setoff and recoupment and any and all similar remedies available under applicable laws or in equity. To the extent an Event of Default has not occurred under this Lease, that portion of the Security Deposit equal to the First Month's Rent (to the extent such portion of the Security Deposit has not otherwise been applied by Landlord pursuant to this Section 3.3) shall be applied by Landlord to Base Rental due by Tenant on the Commencement Date (and if the Commencement Date does not occur on the first (1st) day of a calendar month and therefore, the First Month's Rent exceeds the Base Rental owed by Tenant on the Commencement Date, such excess portion of the First Month's Rent shall be applied to Base Rental owed by Tenant on the first (1st) day of the calendar month immediately after the Commencement Date). If an Event of Default has not occurred, any remaining balance of the Security Deposit held by Landlord pursuant to this Section 3.3 shall be returned by Landlord to Subtenant, Tenant within a reasonable period of time after the termination or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termthis Lease. The Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of a default by Tenant. Tenant shall not be entitled to receive and shall not receive any interest on the Security Deposit Deposit, and Sublandlord shall have Landlord may commingle the right to commingle same with other monies of Landlord. In the event Landlord applies the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary any portion thereof to remedy defaults in the payment of rentany sum described above and this Lease is not terminated, Tenant immediately shall deposit with Landlord an amount of money equal to repair damage caused by a tenant or the amount so applied and such amount shall be deemed to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 be part of the California Civil Code (as such provision may be amended or modified)Security Deposit.

Appears in 1 contract

Sources: Lease Agreement (Zixit Corp)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security A cash deposit (the “Cash Deposit”) and an irrevocable standby letter of credit (an “L/C”, and collectively with the Cash Deposit, the “Security Deposit”) in the amount stated amounts set forth in the Terms Section G(1) and (2) of Sublease, Summary shall be delivered by Tenant to Landlord upon execution of this Lease and shall be held by Landlord without liability for interest and as security for the faithful due performance and observance by Subtenant Tenant of all of its Tenant’s agreements, covenants and obligations under this Sublease and Lease, it being expressly understood that the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Security Deposit shall not be required considered an advance payment of rent or a measure of Landlord’s damages in case of default by Tenant. The L/C shall be issued by a reputable financial institution in the Hong Kong SAR acceptable to apply all Landlord and shall be drawable by Landlord upon written demand on sight, delivered by Landlord to such financial institution, stating that a material default (as determined by Landlord in its reasonable opinion) has occurred hereunder as a result of which Tenant is indebted to Landlord for rent, or Management Charges or other charges, or any part costs, loss, damage, injury, or expense caused by such material default, and specifying the amount thereof. Upon the occurrence of any breach or default under this Lease by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit for the payment of any Rent or any reasonable portion thereof (against receipt) to the extent necessary to make good any arrears of rent, Management Charges and other sum charges payable hereunder or any costs, loss, damages, injury, or expense caused to Landlord by such breach or default. Landlord shall first use all of the Cash Deposit and thereafter may draw upon the L/C, in Default each case as may be permitted by the terms of the preceding sentence. At all times prior to the expiry of the term of this Lease, or any early determination of this Lease, and Subtenant shallfollowing any drawing under the L/C, upon Tenant shall promptly cause the replacement of the L/C with a fresh L/C in the full amount set forth in Section G (2) of Summary. Following any application of the Cash Deposit, Tenant shall pay to Landlord on demand therefor, an amount to restore the Security Cash Deposit to its original amount. Any alterations In the event of bankruptcy or improvements approved other debtor relief proceedings by Landlord or Sublandlord with against Tenant (subject to applicable law in the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of Hong Kong SAR), the Security Deposit shall be returned deemed to Subtenant, or at Sublandlord’s optionbe applied first, to the payment of rent and other charges due to Landlord, in the order that such rent or charges became due and owing, for all periods prior to filing of such proceedings. For the avoidance of doubt, if the Security Deposit is applied or deemed applied pursuant to the foregoing sentence, the Cash Deposit shall be applied or deemed applied first, and then the L/C shall be drawn or deemed drawn. Landlord shall keep the Security Deposit in accordance with the laws of the Government of the HKSAR. Upon termination of this Lease any remaining portion of the Security Deposit, being the balance of the Cash Deposit (if any), and the L/C shall be returned by Landlord to Tenant without payment of interest on the Cash Deposit within (i) thirty (30) days after the expiration of or sooner determination of this Lease and delivery of vacant possession to the Landlord, subject to the provisions of Section 15 of this Lease, or (ii) settlement of the last assignee outstanding claim by the Landlord against Tenant for arrears of Tenant’s interest hereunderrent and other charges (against receipt) and for any breach, within non-observance or non-performance of any of the agreements, stipulations, terms and conditions herein contained and on the part of the Tenant to be observed or performed whichever shall be the later. Tenant shall, not less than sixty (60) days following before the expiration date of any L/C provided to Landlord by Tenant under this Lease, procure either a renewal of the Sublease TermL/C or a fresh L/C, and in either case, on the same terms and conditions as the existing L/C or with amendments reasonably acceptable to Landlord (a “Replacement L/C”). Tenant Notwithstanding anything contrary contained in this Lease, if the Replacement L/C shall not be received by Landlord thirty (30) days prior to the expiry of the existing L/C, Landlord shall be entitled to draw on the existing L/C and hold those funds as part of the Cash Deposit. At any time thereafter Tenant may provide a Replacement L/C and Landlord will, in exchange, transfer to Tenant the proceeds from the original L/C (without being liable for any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modifiedthereon).

Appears in 1 contract

Sources: Lease (Equinix Inc)

Security Deposit. Concurrent (a) Tenant has deposited with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit, the receipt of which (if by check subject to collection) is hereby acknowledged. The Security Deposit shall be held by Landlord, in the amount stated in the Terms of Subleasean interest bearing account, as security for the faithful full performance by Subtenant due of all of its obligations Tenant under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or Upon expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal Term and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of written request therefor, the Security Deposit shall be returned to SubtenantTenant with interest, unless Landlord has reasonable cause to withhold all or a portion thereof. (b) If any Rent shall be overdue and unpaid, or at Sublandlord’s optionshould Landlord have made payments on behalf of Tenant, or should Tenant fail to perform any of the covenants or agreements of this Lease, then Landlord may, without prejudice to any other remedy which Landlord may have, apply all or a portion of the Security Deposit toward the payment of Rent, or toward any loss, damage or expense sustained by Landlord resulting therefrom. In such event Tenant shall forthwith restore the Security Deposit to the last assignee original sum. (c) In the event bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, its successors or assigns, or any guarantor of Tenant’s interest Tenant hereunder, within sixty (60) days following the expiration Security Deposit shall be deemed to be applied first to the payment of Rent due to Landlord for all periods prior to the institution of such proceedings. The balance of the Sublease TermSecurity Deposit, if any, may be retained by Landlord in partial liquidation of Landlord's damages. (d) In the event that Landlord's interest in the Premises is sold, transferred or assigned, the party acquiring the Premises shall assume Landlord's rights and obligations under this Lease and Landlord shall deliver the Security Deposit to the acquirer of such interest. Tenant Thereupon, Landlord shall not be entitled discharged and released from all further liability with respect to any interest on the Security Deposit and Sublandlord shall have Tenant agrees to look solely to the right to commingle new landlord for the return of the Security Deposit with Sublandlord’s other fundsDeposit. Subtenant hereby waives the provisions This provision shall also apply to any subsequent transferees. No holder of Section 1950.7 a mortgage or deed of the California Civil Code and all other provisions of law, now trust or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit lessor under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary ground or underlying lease to remedy defaults in the payment of rent, to repair damage caused by a tenant which this Lease is or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended superior or modified)subordinate shall be held responsible in connection with the Security Deposit, unless it has received the Security Deposit.

Appears in 1 contract

Sources: Lease Agreement (Webex Communications Inc)

Security Deposit. Concurrent Concurrently with SubtenantTenant’s execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord Landlord a security deposit cash sum in the amount stated in the Summary of Basic Lease Information (the “Security Deposit”) in ). Landlord shall hold the amount stated in the Terms of Sublease, Security Deposit as security for the full and faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Landlord shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to pay any interest on the Security Deposit and Sublandlord shall have the right or to commingle keep the Security Deposit with Sublandlordseparate from Landlord’s other own funds. Subtenant hereby If Tenant fails to perform fully and timely all or any of Tenant’s covenants and obligations hereunder, Landlord may (but shall not be required to), without prejudice to any other remedy it has, apply all or part of the Security Deposit toward the fulfillment of any of Tenant’s unperformed obligations, including, without limitation: (i) any Rent or other sum in default; (ii) any amount that Landlord may spend or become obligated to spend in exercising Landlord’s rights under Article XII; or (iii) any expense, loss or damage that Landlord may suffer because of Tenant’s failure to fully and timely perform any of its obligations hereunder. Tenant waives the provisions provision of Section 1950.7 of the California Civil Code § 1950.7, and all other provisions of lawlaw now in force or that become in force after the date of execution of this Lease, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) that provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentaccrued Rent, to repair damage caused by a tenant Tenant, or to clean the premises, it being agreed Premises. Landlord and Tenant agree that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other foreseeable or unforeseeable loss or damage caused by Subtenantthe act or omission of Tenant or Tenant’s Default under officers, agents, employees, independent contractors, or invitees, including future rent payments. If Landlord elects to apply all or a portion of the Security Deposit as permitted hereunder, Tenant shall immediately pay to Landlord sufficient cash to restore the Security Deposit to an amount equal to the greater of (i) the amount of the security Deposit immediately before Landlord’s application of a portion of the Security Deposit or (ii) the amount of the then current monthly Base Rent hereunder. Upon any increase in Base Rent, Landlord may also require Tenant to increase the Security Deposit by the amount of the increase in the monthly Base Rent. Within a reasonable time after Tenant vacates the Premises following the expiration or sooner termination if this SubleaseLease, includingif Tenant is not then in default, but not limited to, all damages Landlord shall return to Tenant any unapplied balance of the Security Deposit within thirty (30) days after the expiration or rent due upon earlier termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Lease.

Appears in 1 contract

Sources: Triple Net Space Lease (Lionbridge Technologies Inc /De/)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant Tenant shall deposit with Sublandlord a Landlord on the date of this Lease security deposit (the “Security Deposit”"SECURITY DEPOSIT") in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations in the amount set forth in the Basic Lease Provisions, which security shall be in the form of either cash or an unconditional and irrevocable letter of credit (the "LETTER OF CREDIT"): (i) in form and substance satisfactory to Landlord, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer written notice that Landlord is entitled to draw thereunder, (iv) drawable on an FDIC-insured financial institution satisfactory to Landlord, and (v) redeemable in the state of Landlord's choice. If Tenant does not provide Landlord with a substitute Letter of Credit complying with all of the requirements hereof at least ten (10) days before the stated expiration date of the then current Letter of Credit, Landlord shall have the right to draw upon the current Letter of Credit and hold the funds drawn as the Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenant's obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions Upon each occurrence of this Sublease (including any obligations under the Master Lease)a Default, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part of the Security Deposit for the payment of any Rent or any other sum in Default to pay delinquent payments due under this Lease, and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes any damage, injury, expense or damage liability caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned such Default, without prejudice to Subtenant, any other remedy provided herein or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termprovided by law. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenant’s Default under the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within five (5) days after demand from Landlord, reinstate the Security Deposit to its original amount. If Tenant shall fully perform every provision of this SubleaseLease to be performed by Tenant, includingthe Security Deposit, but not limited toor any balance thereof, all damages shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within 90 days after the expiration or rent due upon earlier termination of this Sublease pursuant Lease. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) upon written notice to Tenant (but without Tenant's consent), transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord's obligations under this Section 1951.2 6, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee and the delivery of notice to Tenant regarding such transfer or the return of the California Civil Code (as such provision may be amended Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant's right to the return of the Security Deposit shall apply solely against Landlord's transferee. The Security Deposit is not an advance rental deposit or modified)a measure of Landlord's damages in case of Tenant's default. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee and no interest shall accrue thereon.

Appears in 1 contract

Sources: Lease Agreement (Viacell Inc)

Security Deposit. Concurrent with Subtenant’s the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article as the "Security Deposit”) in the amount stated in the Terms of Sublease, " as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused by Tenant; (iii) to clean and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent", Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, California Civil Code Section 1950.7 to the contrary) a period of sixty days following a surrender of the Leased Premises by Tenant to Landlord within which to return the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord maysixty days is a reasonable period of time within which to inspect the Leased Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen's ▇▇▇▇▇▇▇▇ therefore, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Consent to Sublease (Virage Logic Corp)

Security Deposit. Concurrent Concurrently with Subtenant’s execution of this Subleasehereof, Subtenant shall deposit with Sublandlord a security deposit (Tenant has paid to Landlord the Security Deposit”) Deposit specified in the amount stated in the Terms of Sublease, Basic Lease Information as security for the full and faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Tenant fails to pay Monthly Base Rent, Additional Charges for Expenses and Taxes, or other Rent or charges due hereunder, or otherwise Defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part portion of the Security Deposit for the payment of any Rent or due hereunder, to pay any other sum to which Landlord may become obligated by reason of Tenant’s Default, or to compensate Landlord for any loss or damages which Landlord may suffer as a result of such Default (including, without limitation, amounts which Landlord may be entitled to recover pursuant to Section 1951.2 of the California Civil Code). Landlord may in Default its sole discretion (but shall not be required to) use the Security Deposit or any portion thereof to cure any failure by Tenant to perform any of its obligations hereunder or to compensate Landlord for any damages Landlord incurs as a result of Tenant’s failure to perform any of its covenants or obligations hereunder, it being understood that any use of the Security Deposit shall not constitute a bar or defense to any of Landlord’s remedies under this Lease or at law. Upon application of any part of the Security Deposit by Landlord, Landlord may, at its election, inform Tenant in writing of the amount applied and Subtenant shall, upon demand therefor, restore request that Tenant pay to Landlord a sum sufficient to return the Security Deposit to its original amountone hundred ten percent (110%) of the amount specified in the Basic Lease Information as the same may have been increased by prior applications of this Paragraph 32. Any alterations Within five (5) business days of the receipt by Tenant of such a notice from Landlord, Tenant shall pay to Landlord in cash or improvements approved immediately available funds the sum so requested, and the sum so paid by Tenant shall be held by Landlord as a part of the Security Deposit. Tenant’s failure to make such payment within such time period shall constitute a Default under this Lease without the necessity of further notice or Sublandlord with the condition that such items be removed opportunity to cure, and shall accrue interest at the time Default Rate pursuant to Paragraph 3(d) of termination or the Lease. Tenant hereby acknowledges that attachment will be a proper remedy by which Landlord may seek to recover the amount that Tenant has then failed to pay. Upon expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost Term or earlier termination of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied this Lease, any portion of the Security Deposit then held by Landlord shall be returned to SubtenantTenant, or at Sublandlord’s option, reduced by those amounts that may be required by Landlord to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest remedy Defaults on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions part of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults Tenant in the payment of rent, to repair damage damages to the Premises caused by a tenant or Tenant and to clean the premisesPremises; provided, it being agreed however, that Sublandlord may(i) Landlord shall not be obligated to return the Security Deposit or any part thereof until all breaches by Tenant of its obligations under this Lease have been cured and all damages which Landlord may suffer in connection with any such breach have been ascertained in amount and paid in full; and (ii) in no event shall any such return be construed as an admission by Landlord that Tenant has performed all of its covenants and obligations hereunder. Landlord shall have no obligation to segregate the Security Deposit from its general funds or to pay interest thereon. If Landlord conveys or transfers its interest in the Leased Premises, in additionand as a part of such conveyance or transfer, claim those sums specified assigns its interest in this Article 13 above and/or those sums reasonably necessary Lease and Security Deposit, or any portion thereof not previously applied, the Security Deposit shall be transferred to compensate Sublandlord Landlord’s successor and Landlord shall be released and discharged from any further liability to Tenant with respect to such Security Deposit. In no event shall any mortgagee or beneficiary under a mortgage or deed of trust encumbering all or any portion of the Project, or any purchaser of all or any portion of the Project at a public or private foreclosure sale under such mortgage or deed of trust, have any liability or obligation whatsoever to Tenant or Tenant’s successors or assigns for the return of all or any part of the Security Deposit in the event any such mortgagee, beneficiary or purchaser becomes a mortgagee in possession or succeeds to the interest of Landlord for any loss or damage caused by Subtenant’s Default under this SubleaseLease unless, includingand then only to the extent that, but not limited tosuch mortgagee, beneficiary or purchaser has received all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 any part of the California Civil Code (as such provision may be amended or modified)Security Deposit.

Appears in 1 contract

Sources: Lease Agreement (Aruba Networks, Inc.)

Security Deposit. Concurrent Section 23.1 Tenant has deposited with Subtenant’s execution Landlord the sum specified on Page 1 of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, Lease as security for the faithful performance by Subtenant return of all of its obligations under this Sublease the premises in good order and condition and the Master Leasefull performance of every provision of this Lease to be performed by Tenant. If Subtenant The security deposit shall not be considered an advance payment of rent or a measure of Landlord's damages in case of default by Tenant. The security deposit shall not be applied to the payment of rent, provided however, that if Tenant Defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthLandlord may use, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply or retain all or any part of the Security Deposit this security deposit for the payment of any Base Rent and Additional Rent or any other sum in Default and Subtenant default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss, cost of damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so used or applied, Tenant shall, upon demand thereforwithin five (5) days after written demand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amountamount and Tenant's failure to do so shall be a breach of this Lease. Any alterations Landlord shall not, unless otherwise required by law, be required to keep this security deposit separate from its general funds nor pay interest to its Tenant. For full security deposit reimbursement the following conditions must be met: (a) All walls must be clean and free of holes. (b) Overhead door must be free of any broken panels, cracked lumber or improvements approved by dented panels. The overhead door springs, rollers, tracks, motorized door operator, and all other items pertaining to the overhead door must also be in good working condition. (c) Heaters, air conditioning units must be in good working order. Filters must be changed - all thermostats must be in working order. Tenant must supply Landlord with maintenance records. (d) All floors must be clean and free of excessive dust, dirt, grease, oil and stains. (e) Drop grid ceiling must be free of excessive dust from lack of changing filters. (No ceiling tiles should be missing or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease damaged.) (f) All trash must be removed by Subtenant; Subtenant agrees that the cost of such removal form both inside and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion outside of the Security Deposit building. (g) All light bulbs and ballasts must be working. (h) All signs in front of Building and on glass entry door and rear door must be removed. (i) Hot water heater must work. (j) All plumbing fixtures, equipment and drains must be clean and in working order. (k) Warehouse floor must be clean and free of grease and stains. (l) Windows must be clean. (m) All keys must be returned. (n) All mechanical and electrical systems must be in good working condition. (o) Tenant shall be returned in compliance with surrender provisions of this Lease. In the event Tenant has complied with the above conditions, Landlord shall return the security deposit to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, Tenant within sixty (60) days following after the expiration termination of this Lease, or the surrender and acceptance by Landlord of the Sublease TermPremises. Tenant shall not be entitled to any interest on Notwithstanding the Security Deposit and Sublandlord shall have foregoing, Landlord may retain the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the for non-payment of rent, to repair damage caused by a tenant or to clean the premisesutility charges, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 abandonment of the California Civil Code (as such provision may be amended Premises, repairs, work or modified)cleaning work contracted for the by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Koala Corp /Co/)

Security Deposit. Concurrent with SubtenantTenant’s execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord Landlord a security deposit (the “Security Deposit”) in the amount stated set forth in Section 10 of the Terms of Sublease, Summary. The Security Deposit shall be held by Landlord as security for the faithful performance by Subtenant Tenant of all the terms, covenants, and conditions of its obligations under this Sublease Lease to be kept and performed by Tenant during the Master LeaseLease Term. If Subtenant Defaults Tenant defaults with respect to any provisions of this Sublease Lease (including any obligations under the Master Lease), beyond any all applicable notice and cure period set forthperiods), including including, but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord Landlord may, without notice to Subtenant, but shall not be required to to, use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant default, or for the payment of any amount that Landlord may spend or 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. If any portion of the Security Deposit is so used or applied, Tenant shall, upon within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be a default under this Lease. Any alterations or improvements approved If Tenant shall fully and faithfully perform every provision of this Lease to be performed by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from it, the Security Deposit and may include repairs to the Common Areas due to changes Deposit, or damage caused by Subtenant. Any unapplied portion of the Security Deposit any balance thereof, shall be returned to SubtenantTenant, or or, at SublandlordLandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Lease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other fundsDeposit. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code Code, and all other provisions of law, now or hereafter in effectforce, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenant’s Default the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Notwithstanding the foregoing contained in this Article 20, so long as Tenant is not then in default hereunder (the “Reduction Condition”), the original amount of the Security Deposit shall be applied to Base Rent coming due under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 Lease on the first (1st) day of the California Civil Code thirty-seventh (37th) month of the initial Lease Term. It is understood and agreed that, if the original amount of the Security Deposit is applied as such provision may set forth above, there shall be amended no further reduction or modified)application of any remaining portion (if any) of the Security Deposit for the remainder of the Lease Term.

Appears in 1 contract

Sources: Office Lease (Legalzoom Com Inc)

Security Deposit. Concurrent with Subtenant’s execution of this SubleaseIn addition to the first monthly rental payment, Subtenant Tenant shall deposit with Sublandlord a Landlord the sum of dollars ($ ) security deposit (deposit, the “Security Deposit”) in the amount stated in the Terms receipt of Subleasewhich is hereby acknowledged, as security to Landlord for the faithful performance by Subtenant Tenant of all of its the obligations and undertakings required to be performed by Tenant under this Sublease and the Master Leaselease. If Subtenant Defaults with respect this lease is terminated as a result of the default of Tenant, the security deposit referred to herein shall become the unconditional property of Landlord, not as a penalty but as damages agreed upon by Landlord and ▇▇▇▇▇▇ to cover the following: Damages to Landlord for the premises being vacant, for having to relet premises prior to expired term, including sums necessary to advertise the premises for rent, show the premises, and clean the premises. However, Landlord does not by this provision waive its right to pursue any provisions action to recover from the Tenant any further damages caused to said premises by the Tenant or for additional amounts of rent due and unpaid during the period of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but lease. If Tenant shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, default hereunder upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termlease term, and if the leased premises shall be returned and surrendered to Landlord in the same good state and condition as they were when they were received, except for normal wear and tear, Landlord shall return said security deposit to Tenant. Tenant shall not be entitled If ▇▇▇▇▇▇ returns the leased premises to any interest on Landlord at the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 expiration of the California Civil Code lease term, but there are damages to the leased premises beyond normal wear and all other provisions of lawtear, now or hereafter in effect, which (i) establish Landlord may make a claim against the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary as provided by law in addition to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)pursuing other remedies available.

Appears in 1 contract

Sources: Commercial Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security 6.1 A cash deposit (the “Security Cash Deposit”) in the amount stated set forth in the Terms Section G(1) of Sublease, Summary shall be delivered by Tenant to Landlord upon execution of this Lease and shall be held by Landlord without liability for interest and as security for the faithful due performance and observance by Subtenant Tenant of all of its Tenant’s agreements, covenants and obligations under this Sublease and Lease (the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under Cash Deposit shall hereinafter be also known as the Master Lease“Security Deposit”), beyond any applicable notice and cure period set forth, including but not limited to, it being expressly understood that the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Security Deposit shall not be required considered an advance payment of rent or a measure of Landlord’s damages in case of default by Tenant. Upon the occurrence of any breach or default under this Lease by Tenant, Landlord may, from time to apply all time, without prejudice to any other remedy, use the Security Deposit or any part reasonable portion thereof (against receipt) to the extent necessary to make good any arrears of rent, Management Charges and other charges payable hereunder or any costs, loss, damages, injury, or expense caused to Landlord by such breach or default. Following any application of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shallDeposit, upon Tenant shall pay to Landlord on demand therefor, an amount to restore the Security Deposit to its original amount. Any alterations In the event of bankruptcy or improvements approved other debtor relief proceedings by Landlord or Sublandlord with against Tenant (subject to applicable law in the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from Hong Kong SAR), the Security Deposit and may include repairs shall be deemed to be applied first, to the Common Areas payment of rent and other charges due to changes Landlord, in the order that such rent or damage caused by Subtenantcharges became due and owing, for all periods prior to filing of such proceedings. Any unapplied Upon termination of this Lease any remaining portion of the Security Deposit shall be returned by Landlord to Subtenant, or at Sublandlord’s option, to the last assignee Tenant without payment of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit within (i) thirty (30) days after the expiration of or sooner determination of this Lease and Sublandlord shall have delivery of vacant possession to the right Landlord, subject to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 15 of the California Civil Code and all other provisions of lawthis Lease, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide settlement of the last outstanding claim by the Landlord against Tenant for arrears of rent and other charges (against receipt) and for any breach, non-observance or non-performance of any of the agreements, stipulations, terms and conditions herein contained and on the part of the Tenant to be observed and performed whichever shall be the later. 6.2 The amount of the Security Deposit shall be increased following each and every increase in rent as herein provided or increase in Management Charges, rates and/or government rent to a sum equal to TWO (2) months’ rent at the rate payable after such increase plus TWO (2) months’ Management Charges, rates and government rent at the highest ascertainable rate at that a landlord may claim from a security deposit only those sums reasonably necessary time payable by Tenant under this Lease and Tenant shall make payment to remedy defaults Landlord of such additional sum as shall be required to bring the Security Deposit up to the appropriate amount within FIFTEEN (15) days of each increase in rent, Management Charges, rates and/or government rent and the provisions of Clause 6.1 shall apply to such further deposits.” SEALED with the Common Seal of ) COMFORT DEVELOPMENT LIMITED ) ) /s/ ▇▇▇▇▇▇▇ ▇▇▇ (the Landlord) and SIGNED by ) ▇▇▇▇▇▇▇ ▇▇▇ Director ) for and on behalf of the Landlord in the payment ) presence of/whose signature(s) ) is verified by:- ▇▇▇▇ ▇▇▇ ) Chief Financial Officer ) /s/ ▇▇▇▇ ▇▇▇ SEALED with the Common Seal of rent, ) EQUINIX HONG KONG LIMITED ) ) /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇ (the Tenant) and SIGNED by ) Phil ▇▇▇▇▇▇ ▇▇▇▇ ) Director ) as duly authorised by the resolutions ) of its board of directors in the ) presence of:- ▇▇▇▇▇▇ ▇▇▇ ) Country Manager ) /s/ ▇▇▇▇▇▇ ▇▇▇ RECEIVED on or before the day and year first ) above written of and from the Tenant the sum of ) HONG KONG DOLLARS THREE HUNDRED ) HK$313,044.37 ) ======== THIRTEEN THOUSAND AND FORTY FOUR ) ) For and on behalf of AND CENTS THIRTY SEVEN ) Comfort Development Limited being the Additional Cash Deposit above ) /s/ expressed to repair damage caused be paid by a tenant or the Tenant to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination ) WITNESS :- ▇▇▇▇ ▇▇▇ /s/ ▇▇▇▇ ▇▇▇ THIS DEED OF GUARANTEE is made the 18th day of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).May Two thousand and four BETWEEN:-

Appears in 1 contract

Sources: Supplemental Lease (Equinix Inc)

Security Deposit. Concurrent Tenant agrees to deposit with Subtenant’s Landlord upon execution of this SubleaseLease, Subtenant shall deposit with Sublandlord a security deposit as stated in the Basic Lease Information (the “Security Deposit”) in the amount stated in the Terms of Sublease), which sum shall be held and owned by Landlord, without obligation to pay interest, as security for the faithful performance by Subtenant of all of its Tenant’s covenants and obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant’s default. Upon the occurrence of any event of default by Tenant, Landlord may from time to time, without prejudice to any provisions other remedy provided herein or by law, use such fund as a credit to the extent necessary to credit against any arrears of this Sublease (including Rent or other payments due to Landlord hereunder, and any obligations under the Master Lease)other foreseeable damage, beyond any applicable notice injury, expense or liability caused by such event of default, and cure period set forthTenant shall pay to Landlord, including but not limited toon demand, the provisions relating amount so applied in order to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to SubtenantTenant within forty five (45) days after the termination of this Lease, reduced by such amounts as may be reasonably required by Landlord to remedy defaults on the part of Tenant in the payment of Rent or at Sublandlord’s optionother obligations of Tenant under this Lease, to repair damage to the last assignee of Premises, Building or Project caused by Tenant or any Tenant’s interest hereunder, within sixty (60) days following Parties and to clean the expiration of the Sublease TermPremises. Tenant shall not be entitled to any interest on the Security Deposit Landlord may use and Sublandlord shall have the right to commingle co-mingle the Security Deposit with Sublandlord’s other fundsfunds of Landlord. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code Code, and all other provisions of lawany Regulations, now or hereafter hereinafter in effectforce, which (i) establish restricts the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide amount or types of claim that a landlord may claim from make upon a security deposit only those sums reasonably necessary or imposes upon a landlord (or its successors) any obligation with respect to remedy defaults in the payment handling or return of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)security deposits.

Appears in 1 contract

Sources: Standard Lease Agreement (Office) (eHealth, Inc.)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall The Tenant agrees to deposit with Sublandlord a security deposit (the “Security Deposit”) in Landlord the amount stated in the Terms sum of Sublease, $ as security for the Tenant’s faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice Lease and cure period set forth, including but by law. The Tenant agrees the deposit is not limited to, the provisions relating to the an advance payment of Rent, rent and does not relieve the removal of property and the repair of damage, Sublandlord may, without notice obligation to Subtenant, but shall not be required to apply all or any part of the Security Deposit pay rent including rent for the payment last month of any Rent or any other sum in Default and Subtenant shalloccupancy. The Landlord, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease TermLease or hold‐over tenancy, may apply the security deposit for past due rent, fees, utilities, and/or for the cost of repairing damages beyond reasonable wear and tear to the Premises caused by the Tenant, his/her guests, family or invitees. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 Also, abandonment or vacating of the California Civil Code Premises by the Tenant before the end of the term shall result in the Landlord deducting damages he has incurred from the security deposit. The Landlord shall attempt to mitigate any damages as a result of abandonment. Each of the aforementioned Tenants shall be jointly and severally responsible for all other provisions losses incurred by the Landlord occasioned by the tenancy. The Tenant agrees to provide the Landlord, in writing, a forwarding address upon vacating the Premises. The Landlord agrees to return to the Tenant the security deposit, or whatever part has not been applied in payment of lawany tenant obligations under the Lease, now within thirty (30) days after the expiration or hereafter in effectany renewal of the Lease and delivery of possession of the Premises to the Landlord, which (i) establish whichever is last to occur. Any deductions from the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a shall be itemized and identified in writing by the Landlord during this same time period. This provision does not waive rights of the Landlord to seek damages in excess of the security deposit only those sums reasonably necessary deposit. The Tenant agrees to remedy defaults in reimburse the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaserent, includingfees, but not limited to, all utilities due and/or damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of exceeding the California Civil Code (as such provision may be amended or modified)security deposit.

Appears in 1 contract

Sources: Rental Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of this Sublease▇▇▇▇▇▇ agrees to pay Lessor, Subtenant shall deposit with Sublandlord within 2 business days after the lease is signed, a security deposit (of:<<One-time Charges>> The University Group reserves the “Security Deposit”) in right to set, at its discretion, the amount stated in the Terms method of Sublease, as security payment accepted for the faithful performance by Subtenant of all of its obligations under this Sublease and security deposit. Lessee agrees that the Master Lease. If Subtenant Defaults with respect security deposit will be applied against any damages to the leased premises or to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthcommon areas, including but not limited toto hallways, entryways, parking areas and recreational facilities, and for any damage to or loss of the provisions relating appliances, furnishings and fixtures of Lessor caused by Lessee or his/her guest(s), agent(s) or invitee(s), excepting damage due to normal wear and tear, destruction by fire not caused by ▇▇▇▇▇▇’s negligence or acts of God; Lessor has the right to terminate this lease due to the payment of Rent, damage caused by Lessee to the removal of property and the repair of damage, Sublandlord may, without leased premises or any common areas upon written notice to SubtenantLessee. ▇▇▇▇▇▇ further agrees that the deposit will also be applied against actual costs for cleaning, repairs, and maintenance incurred by Lessor due to ▇▇▇▇▇▇’s possession and occupancy of said leased premises; said costs of cleaning, repairs or maintenance include but are not limited to vacuuming carpeting, shampooing carpeting, cleaning of bathrooms and bedrooms, cleaning of stove, closets and cabinets, defrosting and cleaning of refrigerator, and also extermination expenses caused by uncleanliness or pets. ▇▇▇▇▇▇ further agrees that any unpaid power bills (gas and /or electric), unpaid water charges or unpaid late charges will be deducted from ▇▇▇▇▇▇’s security deposit. The security deposit shall not be required applied to apply all any payment of past due rent, unless agreed to by ▇▇▇▇▇▇. Lessee hereby waives any requirement that the security deposit referenced herein be maintained by ▇▇▇▇▇▇ in a separate escrow account. Should Lessee or his/her guest(s), agent(s) or invitee(s) damage the leased premises or any part common areas during the duration of this lease; ▇▇▇▇▇▇ agrees to immediately reimburse Lessor for the costs of repair. Failure or refusal of said reimbursement by ▇▇▇▇▇▇ will constitute a breach of this lease. At the end of this lease, by expiration or otherwise, Lessor shall examine and inventory the premises and personal property. The final extent of damages, costs of cleaning, repair or maintenance to the premises will be determined by comparing the condition of the Security Deposit for premises, including the payment of any Rent or any other sum in Default and Subtenant shallfurnishings, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration vacating with the condition of the Sublease must be removed by Subtenant; Subtenant agrees that premises, including the cost furnishings, at the time of such removal possession, normal wear and repair will be deducted from the Security Deposit and may include repairs tear excepted. Lessee’s liability is not limited to the Common Areas amount of the security deposit. Any balance of ▇▇▇▇▇▇’s security deposit remaining due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit Lessee shall be returned by Lessor to Subtenant, or at Sublandlord▇▇▇▇▇▇’s option, to the last assignee of Tenant’s interest hereunder, known address within sixty thirty (6030) days following after the expiration end of this lease. One security deposit check will be issued per dwelling unit and it shall be the responsibility of the Sublease Term. Tenant shall not be entitled Lessee(s) to any interest on distribute the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in balance among the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)occupants.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Concurrent (a) Tenant agrees to deposit with Subtenant’s Landlord upon execution of this SubleaseLease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount ” as stated in the Terms of SubleaseBasic Lease Information. The Security Deposit shall be held and owned by Landlord, without obligation to pay interest, as security for the faithful performance by Subtenant of all of its Tenant’s covenants and obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant’s Event of Default. Upon the occurrence of any Event of Default by Tenant, Landlord may from time to time, without prejudice to any provisions other remedy provided herein or by law, use such fund as a credit to the extent necessary to credit against any arrears of this Sublease (including Rent or other payments due to Landlord, and any obligations under the Master Lease)other damage, beyond any applicable notice injury, expense or liability caused by such Event of Default, and cure period set forthTenant shall pay to Landlord, including but not limited towithin 15 days of demand, the provisions relating amount so applied in order to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from Although the Security Deposit and may include repairs to shall be deemed the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion property of Landlord, any remaining balance of the Security Deposit shall be returned by Landlord to Subtenant, or Tenant at Sublandlord’s option, to such time after the last assignee termination of this Lease that all of Tenant’s interest hereunderobligations under this Lease have been fulfilled, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not reduced by such amounts as may be entitled required by Landlord to any interest remedy defaults on the Security Deposit part of Tenant in the payment of Rent or other obligations of Tenant under this Lease, to repair damage to the Premises, Building, or Site caused by Tenant or any Tenant’s Parties and Sublandlord shall have to clean the right to commingle Premises. Landlord may use and co-mingle the Security Deposit with Sublandlord’s other fundsfunds of Landlord. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code section 1950.7, and all other provisions of lawany Laws, now or hereafter hereinafter in effectforce, which (i) establish restricts the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide amount or types of claim that a landlord may claim from make upon a security deposit only those sums reasonably necessary or imposes upon a landlord (or its successors) any obligation with respect to remedy defaults the handling or return of security deposits. (b) Tenant may, at its election, in its sole and absolute discretion, replace the cash Security Deposit with an unconditional, clean, irrevocable Letter of Credit in favor of Landlord (“Letter of Credit”) in the amount of the Security Deposit as stated in the Basic Lease Information, in a form reasonably acceptable to Landlord, and issued by a bank (which accepts deposits, maintains accounts and will negotiate a letter of credit, and whose deposits are insured by the FDIC) located in the San Francisco Bay Area and reasonably acceptable to Landlord (“Issuer”). The Letter of Credit shall (1) be fully transferable by Landlord without payment of renttransfer fees, (2) permit multiple drawings, and (3) provide that draws, including partial draws, at Landlord’s election, will be honored upon the delivery to repair damage caused the Issuer a certificate signed by a tenant Landlord, or its authorized agent, that Landlord is entitled to clean make the premisesrequested draw pursuant to the terms of the Lease. If Tenant fails to pay Base Rent or any other sums as and when due hereunder, it being agreed that Sublandlord mayor otherwise defaults with respect to any provision of this Lease, Landlord may (but shall not be obligated to), in additionthe same circumstances as Landlord may use any cash Security Deposit, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to use, apply or retain all or any portion of the Letter of Credit for payment of any sum for which Tenant is obligated or which will compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages which Landlord may suffer thereby. Any draw or rent due upon termination of this Sublease pursuant to Section 1951.2 partial draw of the California Letter of Credit shall not constitute a waiver by Landlord of its right to enforce its other remedies hereunder, at law or in equity. If any portion of the Letter of Credit is drawn upon, Tenant shall, within ten (10) days after delivery of written demand from Landlord, restore the Letter of Credit to its original amount. The Letter of Credit shall be in effect for the entire Term plus thirty (30) days beyond the Expiration Date. The Letter of Credit will automatically renew each year during the Term unless the beneficiary under the Letter of Credit is given at least sixty (60) days prior notice of a non-renewal by the Issuer, and Landlord shall be able to draw on the Letter of Credit in the event of such notice. The parties agree that the provisions of Civil Code Section 1950.7, except for subsection (as such provision may be amended b), do not apply to the Letter of Credit or modified)any proceeds from the Letter of Credit, provided that the Letter of Credit is from a commercially reasonable lender and is on a commercially reasonable form of letter of credit.

Appears in 1 contract

Sources: Standard Lease Agreement (Allbirds, Inc.)

Security Deposit. Concurrent with Subtenant’s Upon execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord pay to Landlord a cash security deposit (the “Security Deposit”) in the amount stated specified in the Terms of Sublease, Summary to be held by Landlord as security for the faithful performance by Subtenant Tenant of all of its obligations under the terms, covenants and conditions of this Sublease Lease to be kept and performed by Tenant during the Master LeaseTerm hereof. If Subtenant Defaults with respect to at any provisions time during the Term of this Sublease (including Lease any obligations under the Master Lease)item constituting rent as provided herein, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default payable by Tenant to Landlord hereunder shall be overdue and Subtenant shallunpaid (after notice and applicable cure periods), upon demand thereforthen Landlord may, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time sole option of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal Landlord, but without any requirement to do so, appropriate and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied apply any portion of the Security Deposit shall deposit provided pursuant to this Paragraph 6 to payment of such overdue rent or other sum. In the event of the failure of Tenant to keep and perform any term, covenant or condition of this Lease to be returned to Subtenantkept or performed by Tenant (after notice and applicable cure periods), then, at the sole option of Landlord, and after termination of this Lease, Landlord may appropriate and apply the entire deposit, or at Sublandlord’s optionso much thereof as may be necessary to compensate Landlord for any loss or damage sustained or suffered by Landlord due to such breach on the part of Tenant. In the event that all or any portion of the deposit is appropriated and applied by Landlord to overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, within ten (10) days following written demand of Landlord, promptly remit to Landlord a sufficient amount in cash to restore such deposit to the last assignee original sum provided in this Paragraph. Any failure on the part of Tenant’s interest hereunder, Tenant to restore the amount of the deposit provided herein within sixty ten (6010) days following the date on which demand for restoration is deemed given hereunder shall constitute a breach of this Lease pursuant to Paragraph 24.1 hereof. Within ten (10) days following the expiration of the Sublease Term, or earlier termination of this Lease, Landlord shall pay to Tenant any portion of the deposit provided for herein which has not been appropriated or applied by Landlord in accordance with the provisions of this Paragraph. Tenant acknowledges that the deposit provided for herein is not prepaid rent and shall not be entitled applied by Tenant to the payment of any rent due the Landlord herein. No interest shall be paid on the deposit provided for in this Paragraph by Landlord to Tenant, and Landlord shall not be obligated to maintain the deposit provided herein separate or apart from any other funds of Landlord. In the event Landlord transfers the amount of the deposit provided herein to any successor in interest on of Landlord to title of the Security Deposit Site and Sublandlord Building, then, in such event, Landlord shall have be discharged from any further obligation or liability with respect to the right to commingle the Security Deposit with Sublandlord’s other fundsdeposit provided herein. Subtenant hereby Tenant waives the provisions of Section 1950.7 of the California Civil Code Section 1950.7 and all other provisions of lawlaw now in force or that become in force after the date of execution of this Lease, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) that provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage damages caused by a tenant Tenant, or to clean the premises, it being agreed Premises. Landlord and Tenant agree that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the described in California Civil Code Section 1951.2. Tenant may not assign or encumber the deposit without the consent by Landlord. Any attempt to do so shall be void and shall not be binding on Landlord. Provided that Tenant has not previously been in default of this Lease as defined in Paragraph 24, the security deposit shall be reduced to $200,000.00 following the fourth anniversary of the Lease Commencement Date, and further reduced to $120,000.00 following the fifth anniversary of the Lease Commencement Date. In the event Landlord fails to return timely that portion of the security deposit necessary to reduce the deposit as provided in the preceding sentence, Tenant may give Landlord a written demand for the return of the required funds. If Landlord thereafter does not return the funds to Tenant within thirty (30) days, Tenant may offset against the next due payment(s) of Monthly Basic Rent the amount necessary to reduce the security deposit as provided herein. Notwithstanding the foregoing, Tenant shall not have any offset rights if Landlord disputes Tenant’s entitlement to the return of any portion of the security deposit. In the event of such provision may be amended or modified)a dispute, the provisions of Paragraph 55 shall apply.

Appears in 1 contract

Sources: Office Lease (Current Media, Inc.)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security A deposit (the “Security Deposit”) in the amount stated set forth in the Terms Section H on page 2 shall be paid by Tenant upon execution of Sublease, this Lease and shall be held by Landlord without liability for interest and as security for the faithful performance by Subtenant Tenant of all of its Tenant’s covenants and obligations under this Sublease and Lease, it being expressly understood that the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Security Deposit shall not be required considered an advance payment of rent or a measure of Landlord’s damages in case of default by Tenant. Upon the occurrence of any breach or default under this Lease by Tenant, Landlord may, from time to apply all time, without prejudice to any other remedy, use the Security Deposit or any part portion thereof to the extent necessary to make good any arrearages of rent or any other damage, injury, expense, or liability caused to Landlord by such breach or default. Following any application of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shallDeposit, upon Tenant shall pay to Landlord on demand therefor, an amount to restore the Security Deposit to its original amount. Any alterations In the event of bankruptcy or improvements approved other debtor relief proceedings by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from against Tenant, the Security Deposit and may include repairs shall be deemed to be applied first to the Common Areas payment of rent and other charges due Landlord, in the order that such rent or charges became due and owing, for all periods prior to changes or damage caused by Subtenantfiling of such proceedings. Any unapplied portion Landlord shall not be required to keep the Security Deposit separate from its general funds. Upon termination of this Lease any remaining balance of the Security Deposit shall be returned by Landlord to Subtenant, or at Sublandlord’s option, to the last assignee Tenant within fourteen (14) days after termination of Tenant’s interest hereundertenancy. Tenant also shall obtain and maintain during the period set forth below, at Lessee’s expense, an irrevocable standby letter of credit (the “LC”) issued by a reputable bank acceptable to Landlord it its reasonable discretion, in favor of Landlord and presentable for collection in the City of Los Angeles which may be drawn upon by Landlord upon written demand on sight delivered by Landlord to the issuer thereof stating that a material default has occurred hereunder which has not been cured within the applicable notice and cure periods provided for in this Lease, in the event that Tenant materially breaches this Lease and thereby fails to reimburse Landlord for the unrecovered portion of real estate brokers’ commissions and tenant improvement costs incurred by Landlord in respect of this Lease, within sixty (60) days following any applicable notice and cure periods provided therefor. The LC shall be in the expiration initial principal amount of $900,000, which automatically is renewed annually at the commencement of each Lease Year during the initial term of this Lease. The principal amount of the Sublease TermLC, if not previously drawn thereon by Landlord and so Iong as Tenant is not then in default of this Lease, shall be reduced by $360,000 at the beginning of the third Lease year, another $270,000 at the beginning of the fifth Lease year. From and after the seventh Lease Year, Tenant shall not be entitled no longer required to any interest on obtain and maintain the Security Deposit LC, and Sublandlord shall have at the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 commencement of the California Civil Code seventh Lease Year, Landlord shall return the original LC if and all other provisions of law, now or hereafter in effect, which (i) establish to the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults extent the same has not previously been drawn upon. The LC shall be substantially in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (form attached hereto as such provision may be amended or modified).Exhibit G.

Appears in 1 contract

Sources: Lease (Equinix Inc)

Security Deposit. Concurrent Concurrently with Subtenant▇▇▇▇▇▇’s execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord Landlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease$21,358.75. If Subtenant Tenant fails to timely pay Rent or other charges due hereunder, or otherwise Defaults with respect to any provisions of this Sublease Lease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthperiods hereunder, including but not limited toif any), the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord Landlord may, without notice to SubtenantTenant, but shall not be required to apply use, apply, or retain all or any part portion of the Security Deposit for the payment of any Rent or other charge in default or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s Default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. Landlord shall have no obligation to apply the Security Deposit against any amount due or owing from Tenant under this Lease or against any advance made by Landlord, nor shall the rights and remedies of the Landlord under this Lease be affected in Default and Subtenant shallany manner by the fact that Landlord holds the Security Deposit or applies the Security Deposit in a manner set forth herein. Landlord shall not be required to keep the security deposit separate from its general accounts or to pay interest thereon unless otherwise required by applicable law. If Landlord uses, upon demand thereforapplies, restore or retains the whole or any part of the Security Deposit in accordance with this Lease, Tenant shall deliver to Landlord the amount necessary to replenish the Security Deposit to its original amount. Any alterations or improvements approved by sum within five (5) days after notice from Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that amount due. Failure to pay the cost of such removal and repair will be deducted from amount due within the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit required time period shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which constitute a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination Lease. ​ ​ ​ Page 20 of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).27 ​ ​ ​ LL Initials: ​ ​ T Initials: ​ ​ ​

Appears in 1 contract

Sources: Lease Agreement (NeuroBo Pharmaceuticals, Inc.)

Security Deposit. Concurrent with Subtenant’s the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article 1 as the "Security Deposit”) in the amount stated in the Terms of Sublease, " as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent, Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease)default by Tenant, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused by Tenant; (iii) to clean and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default of Tenant to the repair extent permitted by Law, including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent," Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, California Civil Code Section 1950.7 to the contrary) a period of sixty days following a surrender of the Leased Premises by Tenant to Landlord within which to return the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord maysixty days is a reasonable period of time within which to inspect the Leased Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen's ▇▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Industrial Space Lease (Mattson Technology Inc)

Security Deposit. Concurrent with Subtenant’s 17.01 Upon execution of this SubleaseLease by ▇▇▇▇▇▇, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) in Deposit the amount stated set forth in Section 1.11 of the Terms of Sublease, Basic Lease Information. Said Security Deposit shall be held by Landlord as security for the full and faithful performance by Subtenant Tenant of all of its obligations under this Sublease each and the Master Lease. If Subtenant Defaults with respect to any provisions every term, covenant and condition of this Sublease (including any obligations under Lease on the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of Tenant to be observed and performed. 17.02 If any of the Security Deposit for the payment of any Minimum Annual Rent or Additional Rent herein reserved or any other sum payable by Tenant to Landlord shall be overdue and unpaid beyond notice and expiration of any applicable Cure Period, or should Tenant fail to perform any of the terms of this Lease beyond notice and expiration of any applicable Cure Period, then Landlord may, at its option, and without prejudice to any other remedy which Landlord may have on account thereof and apply said entire Security Deposit or so much thereof as may be necessary to compensate Landlord toward the payment of such Minimum Annual Rent, Additional Rent, or other sums due from Tenant, or towards any loss, damage or expense sustained by Landlord resulting from such default on the part of Tenant beyond notice and expiration of any applicable Cure Period; and in Default and Subtenant shall, such event Tenant shall forthwith upon five (5) Business days written demand therefor, restore the said Security Deposit to its original former amount. Any alterations or improvements approved by Landlord or Sublandlord In the event Tenant shall fully and faithfully comply with the condition that such items be removed at the time of termination or expiration all of the Sublease must be removed by Subtenant; Subtenant agrees that the cost terms covenant and conditions of such removal this Lease and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion promptly pay all of the Minimum Annual Rent and Additional Rents as they fall due and all other sums required hereunder, said Security Deposit shall be returned in full to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, Tenant within sixty forty-five (6045) days following the expiration of the Sublease Term and the surrender of the Premises by Tenant in compliance with the provisions of this Lease. 17.03 In the event any bankruptcy, insolvency, reorganization or other creditor/debtor proceedings shall be instituted by or against Tenant, or its successors or assigns, such Security Deposit shall be deemed to be applied first to the payment of any Minimum Annual Rent or Additional Rent and/or other charges due Landlord for all periods prior to the institution of such proceedings and the balance, if any, of such Security Deposit may be retained by Landlord in partial satisfaction of Landlord’s damages. 17.04 Landlord may deliver the Security Deposit to the purchaser of Landlord’s interest in the Property in the event that such interest be sold or transferred and thereupon Landlord shall be discharged and released from all further liability with respect to such Security Deposit or the return thereof to Tenant, and ▇▇▇▇▇▇ agrees to look solely to the new landlord, provided new landlord expressly agrees to be so obligated for the return of said Security Deposit, and this provision shall also apply to any subsequent transferees. 17.05 Notwithstanding anything herein to the foregoing, during the first three years of the Term, subject to the immediately following provision, Landlord may borrow from the Security Deposit. Should Landlord borrow funds from the Security Deposit, (i) Landlord shall replenish such amounts prior to the third (3rd) anniversary of the Commencement Date, and (ii) Tenant shall not be entitled required to any interest on replenish the Security Deposit pursuant to Section 17.02 until such time as Landlord has repaid the Security Deposit and Sublandlord shall such funds have been utilized by Landlord as a result of Tenant’s default beyond notice and the right to commingle expiration of any applicable cure period as set forth in Section 17.02. Except during the period of time that Landlord is borrowing from the Security Deposit, the Security Deposit shall not be commingled with SublandlordLandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code funds and all other provisions of law, now or hereafter shall be placed in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)segregated bank account.

Appears in 1 contract

Sources: Lease Agreement (Chembio Diagnostics, Inc.)

Security Deposit. Concurrent with Subtenant’s Tenant shall, upon execution of this Sublease, Subtenant shall deposit with Sublandlord Landlord a security deposit (the “Security Deposit”as set forth in Section 1(g) in the amount stated in the Terms of Sublease, hereof as security for the full and faithful performance by Subtenant of all every provision of its obligations under this Sublease and the Master Leaseto be performed by Tenant. If Subtenant Defaults Tenant defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond after notice and any applicable notice and cure period set forthperiod, including but not limited to, to the provisions relating to the payment of Rentrent, the removal of property and the repair of damageLandlord may use, Sublandlord mayapply, without notice to Subtenant, but shall not be required to apply or retain all or any part of the Security Deposit this security deposit to compensate Landlord for the payment of any Rent or any other sum in Default and Subtenant loss, cost or damage which Landlord may suffer by reason of Tenant’s default. If any portion of said deposit is so used or applied, Tenant shall, upon within ten (10) business days after written demand therefor, therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal , and repair will be deducted from the Security Deposit and may include repairs Tenant’s failure to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit do so shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee a material breach of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termthis Sublease. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code Code, and all other provisions of law, now or hereafter in effectenforced, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage foreseeable or unforeseeable, caused by Subtenant’s Default under the act or omission of Tenant. Landlord shall not be required to keep this Sublease, including, but security deposit separate from its general funds and Tenant shall not limited to, all damages or rent due upon termination be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Sublease pursuant to Section 1951.2 be performed by it, the security deposit or any balance thereof shall be returned to Tenant (or, at Landlord’s option, to the last transferee of Tenant’s interest hereunder) within thirty (30) days after both the expiration of the California Civil Code Sublease term and Tenant’s delivery of the Premises to Landlord, provided, however, that Landlord may use all or any portion of the deposit to repair any damages to the Premises for which Tenant is responsible hereunder or to clean the Premises after Landlord has received possession of the Premises (normal wear and tear excepted), and further provided that Landlord may retain the security deposit until such time as any amount due from Tenant in accordance with Section 5 hereof has been determined and paid in full. Tenant shall not assign or encumber its contingent rights in the security deposit, and neither shall Landlord nor its successors or assigns be bound by any purported assignment or encumbrance. In the event of the termination of any ground or underlying Sublease or foreclosure of any mortgage or trust deed now or hereafter affecting the Premises, Building or land upon which the same are located, Tenant shall only look to the new landlord for return of the security deposit if such provision may be amended or modified)deposit is actually transferred to said new landlord.

Appears in 1 contract

Sources: Sublease Agreement (Imarx Therapeutics Inc)

Security Deposit. Concurrent with Subtenant’s execution of The Security Deposit shall be due on the date Tenant executes this Sublease, Subtenant Lease and shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Sublease, be held by Landlord as security for the faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions This Security Deposit is not an advance rental deposit or measure of this Sublease Landlord's damages in case of Tenant's default. Upon each occurrence of an Event of Default (including any obligations under the Master Leasedefined in Section 22), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part of the Security Deposit for to pay delinquent payments due under this Lease, and the payment cost of any Rent damage, injury, expense or liability caused by such Event of Default, without prejudice to any other sum remedy provided herein or provided at law or in equity. Upon the initial occurrence of an Event of Default under this Lease, Landlord shall be entitled to present the standby irrevocable letter of credit delivered by Tenant as the Security Deposit under this Lease for payment, and Subtenant shallthe Security Deposit shall thereafter be held in the form of cash, upon and not in the form of a standby irrevocable letter of credit. Tenant shall pay Landlord on demand therefor, the amount that will restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from Landlord's obligation regarding the Security Deposit is that of a debtor, and may include repairs not a trustee. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant's obligations under this Lease have been completely fulfilled, or otherwise as provided in Section 1P of this Lease. If the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of Security Deposit is cash, the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termdeposited by Landlord in an interest-bearing account in a federally insured financial institution. The account shall be maintained in Landlord's name. Tenant shall not provide Landlord with Tenant's federal employer identification number which shall be entitled given to any the financial institution in which such account is maintained for the purpose of reporting the interest to the Internal Revenue Service. All interest earned shall become part of the "Security Deposit." All interest earned on the Security Deposit and Sublandlord shall have the right to commingle be retained by Landlord until the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of lawis either returned to Tenant or used by Landlord, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified as provided in this Article 13 above and/or those sums reasonably necessary Lease. Landlord shall be released from any obligation with respect to compensate Sublandlord the Security Deposit upon transfer of this Lease, the Premises and the Security Deposit to a person or Landlord for any loss or damage caused by Subtenant’s Default entity which assumes Landlord's obligations under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Section.

Appears in 1 contract

Sources: Lease Agreement (Tripath Imaging Inc)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall ▇▇▇▇▇▇ agrees to deposit with Sublandlord the Broker $ (not to exceed the equivalent of two months’ rent) as a Security Deposit. Regardless of when given or for what purpose, any security deposit (paid by Tenant is collectively hereinafter referred to as “Deposit.” If the “Security Broker maintains the Deposit in an interest-bearing bank account, Tenant consents to Broker retaining the interest, except as required by law. Regardless of the purpose of any Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect Broker may apply any Deposit to any provisions sum owed by ▇▇▇▇▇▇. Tenant shall not apply or use any portion of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating Deposit as an offset or reduction to the payment of Rentrent or other sums due under this Lease at any time for any reason whatsoever. Broker shall have the right to apply such portion(s) of the Deposit reasonably necessary to remedy any default(s) by Tenant in the payment of rent, late fees or any other sum, or to repair any damage to the removal Premises or to Broker’s property caused by Tenant and Tenant shall replenish the portion(s) of property and the repair Deposit applied towards Tenant’s default(s) upon written notice from Broker. Regardless of whether specifically stated in any applicable provision of this Lease, Tenant shall always be liable to Broker for any damage, Sublandlord mayincluding negligent or intentional acts caused by Tenant, without notice any occupant, child, family member, guest, invitee, pet, animal, or licensee of Tenant, or any other person on the Premises due to SubtenantTenant. If Tenant is liable for any damages, but Tenant shall pay Broker such damages upon demand. Tenant’s legal liability to Broker shall not be required limited under any circumstance to apply all or any part the amount of the Security Deposit Deposit. Tenant contracts to pay reasonable cleaning charges if Tenant fails to make the Premises as clean as when ▇▇▇▇▇▇ moved in, and Broker may withhold or deduct reasonable charges for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted cleaning from the Security Deposit and may include repairs Deposit. ▇▇▇▇▇▇ agrees to pay any trash removal or Dumpster charges if ▇▇▇▇▇▇ fails to remove personal property or trash upon vacating. Unless affected by statute, if ▇▇▇▇▇▇ fails to leave the Common Areas due Premises infestation free or otherwise causes any infestation, Tenant contracts to changes or damage caused by Subtenantpay reasonable extermination charges to restore the Premises to infestation free status. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, ▇▇▇▇▇▇ agrees within sixty (60) days following the expiration after termination of this Lease, or surrender and acceptance of the Sublease Term. Premises, whichever occurs last, to mail to Tenant shall not be entitled to any interest on at Tenant’s last known address a written statement listing the full and specific reasons for all charges against the Security Deposit and Sublandlord shall have together with a refund of the right to commingle balance, if any, of the Security Deposit with Sublandlordto Tenant. Prior to vacating, Tenant shall provide in writing to Broker and the U.S. Postal Service each Tenant’s other fundsindividual forwarding or last known address. Subtenant hereby waives If more than one person signed this Lease, Broker may issue one check for the provisions Security Deposit refund payable jointly to all Tenants, and mail such check to any last known address of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Tenant.

Appears in 1 contract

Sources: Residential Lease Agreement

Security Deposit. Concurrent 5.1 Deposit and Use of Security Deposit. Tenant has deposited the sum of $ 7,650 with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord the Landlord as a security deposit (the “"Security Deposit”) in "), the amount stated in receipt of which is acknowledged. The Security Deposit shall be held by the Terms of SubleaseLandlord without liability for interest, as security for the faithful performance by Subtenant the Tenant of all of its obligations under the terms and conditions of this Sublease Lease to be observed and the Master Leaseperformed by Tenant. If Subtenant Defaults with respect any of the rents herein reserved or any other sum payable by the Tenant to the Landlord shall be overdue and unpaid, or should Landlord make any required payments on behalf of the Tenant, or should Tenant fail to perform any of the material terms, covenants or conditions of this Lease, then the Landlord may, at its option and without prejudice to any provisions of this Sublease (including any obligations under other remedy which the Master Lease)Landlord may have, beyond any applicable notice appropriate and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for toward the payment of any Rent the Rent, loss or damage sustained by the Landlord due to the uncured material breach on the part of the Tenant or any other sum in Default and Subtenant shall, upon demand therefor, restore sums that were paid by Landlord for or on behalf of Tenant. Landlord's claim against the Security Deposit to its original amount. Any alterations includes any actual damage or improvements approved deficiencies incurred by the Landlord or Sublandlord with in the condition that such items be removed at the time of termination or expiration reletting of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas Premises due to changes Tenant's uncured material default, whether such damage or damage caused deficiencies accrue before or after summary proceedings or other reentry by Subtenantthe Landlord. Any unapplied portion Subject to Landlord's inspection and approval of the Security Deposit shall be returned to SubtenantTenant Premises, or at Sublandlord’s optionand assuming the Tenant has complied with all terms and conditions of the Lease, to the last assignee of Landlord will return the Tenant’s interest hereunder, 's security deposit within sixty thirty (6030) days following the expiration of final inspection of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Premises.

Appears in 1 contract

Sources: Lease Agreement (International Assets Holding Corp)

Security Deposit. Concurrent Simultaneously with Subtenant’s the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord deliver to Landlord a security deposit (the “Security Deposit”) in the amount stated in of $8,100 (the Terms of Sublease, "Security Deposit"). The Security Deposit shall be Landlord's as security for the faithful performance by Subtenant Tenant of all of its Tenant's covenants and obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but it being expressly understood that such Security Deposit shall not be required considered an advance payment of rent or a measure of Landlord's damage in case of a default by Tenant. The Security Deposit may be commingled with Landlord's funds without accounting therefor to apply all Tenant. Upon the occurrence of any event of default by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use such security deposit to the extent necessary to make good any arrearage of rent or other charges unpaid by Tenant and any part other damages, injury, expense or liability caused to Landlord by such event of default. Following any such application of the Security Deposit for Deposit, Tenant shall promptly pay to Landlord on demand the payment of any Rent or any other sum amount so applied in Default and Subtenant shall, upon demand therefor, order to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost If Tenant is not then in default hereunder, any remaining balance of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned by Landlord to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease Lease. In the event of sale or conveyance of the Demised Premises, such sale or conveyance shall be subject to this Lease and Landlord shall pay over the balance of such deposits and any advanced rent in its possession to the purchaser and Landlord shall thereupon be relieved from all liability with respect to same and Tenant shall look solely to the purchaser with respect thereto. Tenant agrees that from time to time upon no less than ten (10) days prior request by Landlord, Tenant will deliver a statement in writing certifying all of the following: a. That the Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease as modified is in full force and effect and stating the modifications): b. The dates to which the rent and other charged have been paid; c. The annual rental rate then in effect; d. The Lease term; e. That all conditions to Tenant's possession of the Demised Premises and commencement of the Lease term have been satisfied, if true; and f. That Landlord is not in default under any provisions of this Lease, if true; and g. Any other information reasonably requested by Landlord. It is intended that any such statement delivered pursuant to Section 1951.2 this Paragraph may be relied upon by any prospective purchaser or mortgagee of the California Civil Code (as such provision may be amended or modified)Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (Invisa Inc)

Security Deposit. Concurrent with SubtenantUpon Landlord’s execution receipt of this Subleasea building permit from the City of Vista for the construction of the Tenant Improvements, Subtenant Tenant shall deposit with Sublandlord a security deposit (immediately pay to Landlord the Security Deposit”) Deposit in the amount stated provided in Paragraph 11 of the Terms Fundamental Lease Provisions, subject to adjustment as provided in Paragraph 11 of Sublease, the Fundamental Lease Provisions. Landlord shall not be required to hold the Security Deposit in a segregated account or separate from its general funds or to pay interest on the Security Deposit. The Security Deposit shall be retained by Landlord as security for the faithful performance by Subtenant of all Tenant of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions an Event of Default occurs under this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord Landlord may, without notice but is not obligated to Subtenant, but shall not be required to retain or use or apply all the whole or any part of the Security Deposit to pay any sum which Tenant is obligated to pay under this Lease, to pay any sum the Landlord may expend or be required to expend by reason of the Event of Default by Tenant, to compensate Landlord for any loss or damage that Landlord may suffer by reason of the payment Event of Default and/or to cure any Rent or any other sum in Default and Subtenant shallsuch Event of Default. In the event that Landlord does so use the Security Deposit, upon within three (3) Business Days following written demand thereforfrom Landlord, Tenant shall restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with Following the condition that such items be removed at the time of termination or expiration seventh (7th) full year of the Sublease must be removed by Subtenant; Subtenant agrees that Term of the cost Lease, if an Event of such removal Default has not occurred and repair will be deducted from is continuing and an Inchoate Default has not occurred and is continuing, Landlord shall return the Security Deposit and may include repairs to Tenant in the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion form of the application of the Security Deposit shall be returned against the next installment of Monthly Base Rent payable under this Lease or by cash reimbursement from Landlord to SubtenantTenant, as determined by Landlord in its sole and absolute discretion. In the event any Event of Default or at Sublandlord’s optionInchoate Default has occurred and is continuing, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant Landlord shall not be entitled to any interest on return the Security Deposit to the Tenant as set forth above unless and Sublandlord until such Event of Default or Inchoate Default is cured, at which time Landlord shall have the right to commingle return the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults as set forth in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)preceding sentence.

Appears in 1 contract

Sources: Lease Agreement (Dj Orthopedics Inc)

Security Deposit. Concurrent Resident has deposited with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord Landlord a security deposit (the “Security Deposit”) in the amount stated in identified above to secure the Terms of Sublease, as security for the Resident’s full and faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment Agreement. Upon termination of Rent, the removal this Agreement by reason of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all Resident’s default hereunder or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term, Landlord may deduct from the Deposit an amount sufficient to pay: (a) any damages as a result of Resident’s non- payment of any portion of Total Rent or non-fulfillment of the Term of this Lease including Resident’s failure to enter into possession or abandonment of the Unit; (b) any damages to the Unit, Apartment, or Community for which the Resident is responsible; (c) any unpaid bills which become due by virtue of Resident’s occupancy, or any utility expense that may be forwarded to Landlord due to Resident’s non-payment; (d) any costs of re-renting the Unit after a breach of this Agreement by Resident; (e) any repair work or cleaning contracted for by Resident with third parties; (f) any court costs incurred by Landlord in connection with terminating the tenancy; and (g) any other damages which Landlord may sustain which may then be permitted use of the Deposit under the applicable laws of the state in which the Community is located (the “State”). Tenant Application of the Deposit in order to satisfy all or part of Resident’s obligations shall not be entitled prevent Landlord from claiming damages in excess of the Deposit. Resident shall have no right to have the Deposit applied to any interest on portion of Total Rent which may become due under this Agreement. Upon a sale and conveyance of the Security Community, Landlord may transfer the Deposit to the new owner and Sublandlord upon such transfer, all of Landlord’s liability for such Deposit shall terminate and Landlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default no further liability under this Sublease, including, but not limited to, all damages or rent due upon lease for events occurring after such transfer. Upon termination of this Sublease pursuant Lease, Resident shall provide the landlord in writing with a forwarding address or new address to Section 1951.2 which any amount due from the Landlord may be sent. If Resident fails to provide such forwarding address, then the amount due to the Resident shall be sent to the last known address of the California Civil Code (as such provision may Resident. Any Security Deposits received at ▇▇▇▇▇▇▇ Coastal will be amended or modified).held in an escrow account at:

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Concurrent Tenant agrees to deposit with Subtenant’s Landlord upon execution of this SubleaseLease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount as stated in the Terms Basic Lease Information and in Paragraph 39.B of Subleasethe Lease (the "Security Deposit"), which sum shall be held and owned by Landlord, without obligation to pay interest, as security for the faithful performance by Subtenant of all of its Tenant's covenants end obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of Landlord is hereby granted a security interest in the Security Deposit for in accordance with applicable provisions of the payment California Commercial Code. The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant's default. Upon the occurrence of any event of default by Tenant, Landlord may from time to time, without prejudice to any other remedy provided herein or by law, use such fund as a credit to the extent necessary to credit against any arrears of Rent or other payments due to Landlord hereunder, and any other sum damage, injury, expense or liability caused by such event of default, and Tenant shall pay to Landlord, on demand, the amount so applied in Default and Subtenant shall, upon demand therefor, order to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost remaining balance of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit deposit shall be returned by Landlord to SubtenantTenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent or at Sublandlord’s optionother obligations of Tenant under this Lease, to repair damage to the last assignee of Premises, Building or Project caused by Tenant or any Tenant’s interest hereunder, within sixty (60) days following 's Parties and to clean the expiration of the Sublease TermPremises. Tenant shall not be entitled to any interest on the Security Deposit Landlord may use and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other fundsFunds of Landlord. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code Code, and all other provisions of lawany Regulations, now or hereafter hereinafter in effectforce, which (i) establish restricts the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide amount or types of claim that a landlord may claim from make upon a security deposit only those sums reasonably necessary or imposes upon a landlord (or its successors) any obligation with respect to remedy defaults in the payment handling or return of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)security deposits.

Appears in 1 contract

Sources: Sublease (Interwoven Inc)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease▇▇▇▇▇▇ agrees to pay Lessor, Subtenant shall deposit with Sublandlord within 5 business days after the lease is signed, a security deposit (of:<<One-time Charges>> At The University Group's discretion, failure to make a timely deposit payment can result in forfeit of the “Security Deposit”) apartment prior to the lease start date. Should Lessee breach the lease, or default in the amount stated in performance or obligation of any provision of the Terms lease, the security deposit will be applied to Lessor’s actual damages resulting from said breach or default. The University Group reserves the right to set, at its discretion, the method of Sublease, as security payment accepted for the faithful performance by Subtenant of all of its obligations under this Sublease and security deposit. Lessee agrees that the Master Lease. If Subtenant Defaults with respect security deposit will be applied against any damages to the leased premises or to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthcommon areas, including but not limited toto hallways, entryways, parking areas and recreational facilities, and for any damage to or loss of the provisions relating appliances, furnishings and fixtures of Lessor caused by Lessee or his/her guest(s), agent(s) or invitee(s), excepting damage due to normal wear and tear, destruction by fire not caused by ▇▇▇▇▇▇’s negligence or acts of God; Lessor has the right to terminate this lease due to the payment of Rent, damage caused by Lessee to the removal of property and the repair of damage, Sublandlord may, without leased premises or any common areas upon written notice to SubtenantLessee. ▇▇▇▇▇▇ further agrees that the deposit will also be applied against actual costs for cleaning, repairs, and maintenance incurred by Lessor due to ▇▇▇▇▇▇’s possession and occupancy of said leased premises; said costs of cleaning, repairs or maintenance include but are not limited to vacuuming carpeting, shampooing carpeting, cleaning of bathrooms and bedrooms, cleaning of stove, closets and cabinets, defrosting and cleaning of refrigerator, and also extermination expenses caused by uncleanliness or pets. ▇▇▇▇▇▇ further agrees that any unpaid power bills (gas and /or electric), unpaid water charges or unpaid late charges will be deducted from ▇▇▇▇▇▇’s security deposit. The security deposit shall not be required applied to apply all any payment of past due rent, unless agreed to by ▇▇▇▇▇▇. Lessee hereby waives any requirement that the security deposit referenced herein be maintained by ▇▇▇▇▇▇ in a separate escrow account. Should Lessee or his/her guest(s), agent(s) or invitee(s) damage the leased premises or any part common areas during the duration of this lease; ▇▇▇▇▇▇ agrees to immediately reimburse Lessor for the costs of repair. Failure or refusal of said reimbursement by ▇▇▇▇▇▇ will constitute a breach of this lease. At the end of this lease, by expiration or otherwise, Lessor shall examine and inventory the premises and personal property. The final extent of damages, costs of cleaning, repair or maintenance to the premises will be determined by comparing the condition of the Security Deposit for premises, including the payment of any Rent or any other sum in Default and Subtenant shallfurnishings, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration vacating with the condition of the Sublease must be removed by Subtenant; Subtenant agrees that premises, including the cost furnishings, at the time of such removal possession, normal wear and repair will be deducted from the Security Deposit and may include repairs tear excepted. Lessee’s liability is not limited to the Common Areas amount of the security deposit. Any balance of ▇▇▇▇▇▇’s security deposit remaining due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit Lessee shall be returned by Lessor to Subtenant, or at Sublandlord▇▇▇▇▇▇’s option, to the last assignee of Tenant’s interest hereunder, known address within sixty thirty (6030) days following after the expiration end of this lease. One security deposit check will be issued per dwelling unit and it shall be the responsibility of the Sublease Term. Tenant shall not be entitled Lessee(s) to any interest on distribute the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in balance among the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)occupants.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall Tenant agrees to deposit with Sublandlord Landlord/Agent a security deposit (of “Cleaning Requirements Lease Addendum”, other fees, incurred late charges, etc. Upon termination of the “Security Deposit”) in tenancy, property or money held by the amount stated in the Terms of Sublease, Landlord/Agent as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating may be applied to the payment of Rentaccrued rent and the amount of loss of rents or damages which the Landlord/Agent has suffered by reason of the Tenant's noncompliance with this lease and the Alabama Uniform Residential Landlord and Tenant Act. Cost of carpet cleaning will be retained from said deposit for professional carpet cleaning. Deposits may be held by Landlord/Agent in an interest bearing account. Tenant hereby agrees that any interest earned will belong to Landlord/Agent. In the event that Tenant shall breach said lease, the removal full amount of property and deposit will be forfeited as damages for additional time Landlord/Agent must expend. Any deduction from the repair of damage, Sublandlord may, without security deposit must be itemized by the Landlord/Agent in a written notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord Tenant together with the condition that such items be removed at the time of amount due, if any, within 35 days after termination or expiration of the Sublease must be removed tenancy and delivery of possession and demand by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from Tenant, whichever is later. This obligation is met when the Security Deposit and may include repairs to landlord/Agent mails the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenantdeposit owed, or at Sublandlord’s optionwithout interest, to and/or the last assignee of Tenant’s interest hereunder, written notice within sixty (60) days following the expiration of the Sublease Term35 days. The Tenant shall not be entitled provide the Landlord/Agent in writing with a forwarding address or new address to any interest on which the Security Deposit written notice and Sublandlord shall have amount due from the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision Landlord/Agent may be amended or modified)sent.

Appears in 1 contract

Sources: Residential Rental Agreement

Security Deposit. Concurrent During the Original Term, Subtenant shall maintain a Security Deposit, herein so-called, with Subtenant’s Sublandlord in the amount of the LOC Amount (hereinafter defined). No Security Deposit shall be required during the Extension Term. Upon the execution of this Sublease, and as the Security Deposit under this Sublease, Subtenant shall deposit with deliver to Sublandlord a security deposit an executed original irrevocable standby letter of credit (the Security DepositLOC”) in the amount stated LOC Amount, in favor of Sublandlord. The initial LOC shall have a term commencing no later than January 1, 2005 and expiring no earlier than December 31, 2005 (subject to the Terms LOC extension requirement hereinafter specified). The LOC may be drawn upon and used upon each occurrence of Sublease, any Event of Default (as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions defined in Section 14 of this Sublease (including any obligations under the Master Lease), beyond any Sublease) which remains uncured after applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, periods. Sublandlord may, without notice to Subtenant, but shall not be required to apply may use all or any part of the Security Deposit for the payment of any Rent LOC to pay past due Basic Rent, Additional Payments or other payments due Sublandlord under this Sublease, or to cure any other sum defaults of Subtenant under this Sublease without prejudice to any other remedy provided by law or herein. The LOC shall be issued in a form and by a national banking association or other financial institution acceptable to Sublandlord. With respect to any Event of Default and Subtenant shall, upon demand therefor, restore occurring during the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration Original Term of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit which remains uncured following applicable notice and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenantcure periods, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle proceed against the total LOC Amount at the sole discretion of Sublandlord regarding items and the amounts to be drawn upon relating to any Event of Default by Subtenant; provided, however, that any drawn amounts not properly applied by Sublandlord in accordance with this Section 3.5 shall be promptly paid by Sublandlord to Subtenant, or at Subtenant’s option deposited and maintained by Sublandlord in a separate bank account in the financial institution which issued the LOC on account of Subtenant’s Security Deposit obligations hereunder. Interest shall be paid on any portion of the LOC converted to cash pursuant to the provisions hereof. In the event of the sale of the Leased Premises, Sublandlord shall transfer the Security Deposit Deposit, both the LOC and any cash proceeds thereof, to the vendee, provided such vendee agrees in a writing delivered to Subtenant to accept and hold the same in compliance with Sublandlord’s other fundsthe terms hereof. Subtenant hereby waives Sublandlord shall return the provisions of Section 1950.7 LOC and any amount held in cash by Sublandlord as part of the California Civil Code and all other provisions security deposit promptly upon the expiration of lawthe Original Term; provided, now or hereafter Subtenant is not in effect, which default under this Sublease. The “LOC Amount” shall be (i) establish the time frame by which a landlord must refund a security deposit under a leasefor Sublease Years 1 through and including Sublease Year 7, and/or an amount equal to Two Million Six Hundred Sixty-Five Thousand Nine Hundred Sixty-Six Dollars ($2,665,966.00) and (ii) provide for Sublease Years 8 through the expiration of the Original Term, an amount equal to One Million Three Hundred Thirty-Two Thousand Nine Hundred Eighty-Three Dollars ($1,332,983.00); provided Subtenant remains in continuous compliance with the financial covenants contained in paragraphs 1, 10 through 13 of the Compliance Certificate attached as Exhibit A to the Seventh Amendment to Second Amended and Restated Credit Agreement dated May 23, 2002 by and between Horizon Health Corporation and its subsidiaries and ▇.▇. ▇▇▇▇▇▇ ▇▇▇▇▇ Bank and certain other financial institutions as lenders, as the same may be amended from time to time, or any comparable financial covenants that may be contained in a landlord credit facility that replaces such credit facility or such other financial covenants as Subtenant and Sublandlord may claim from a security deposit only those sums reasonably necessary to remedy defaults agree upon (“Financial Covenants”); and, in the payment event at any time after the commencement of rentSublease Year 8 Subtenant is not in compliance with the Financial Covenants for two consecutive fiscal quarters, then the LOC Amount will be restored to repair damage caused by a tenant or the LOC Amount required pursuant to clean clause (i) immediately preceding until Subtenant has achieved four consecutive quarters of compliance with the premisesFinancial Covenants. Failure to so restore the LOC Amount shall constitute an Event of Default. The LOC shall contain the following terms and conditions: (a) The LOC shall be extended without further amendment from year to year unless, it being agreed that Sublandlord mayat least 30 days prior to its then current expiration date, the issuing bank notifies Sublandlord, in additionwriting, claim those sums specified that the issuing bank intends not to renew the LOC. (i) In the event the LOC is not extended at least 30 days prior to its then stated expiration date and the Original Term of the Sublease has not expired or will not expire prior to the expiration date of the then LOC, then (unless Subtenant has, prior to drafting by Sublandlord, deposited with Sublandlord a substitute LOC in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s the amount of the Security Deposit) such event shall constitute an Event of Default under this Sublease and Sublandlord shall be allowed to draft upon the issuing bank to draw the full amount of the LOC, subject to the terms and provisions hereinabove set forth. (ii) The LOC shall be subject to the “Uniform Customs and Practices for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. (iii) The amount of the LOC shall be payable at sight to Sublandlord within ten (10) business days of presentation of the sight draft, in whole or partial drawings; upon presentation to the issuer of the following documents: (x) Sublandlord’s written demand for payment making reference to the date and number of the LOC; (y) Sublandlord’s signed certificate that the amount drawn is required to satisfy an Event of Default which has remained uncured beyond applicable notice and grace periods, as set forth in the Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant that Subtenant has failed to Section 1951.2 deposit cash or a substitute LOC as required under paragraph (ii) above; and (z) The original LOC for endorsement of the California Civil Code (as amount paid and if the draft is for the full amount the LOC is to be surrendered to the issuer. Sublandlord shall have the right to assign and transfer its right and interests in the LOC only to a purchaser of the Leased Premises; provided such provision may be amended or modified)purchaser issues a written receipt therefor delivered to Subtenant.

Appears in 1 contract

Sources: Sublease Agreement (Horizon Health Corp /De/)

Security Deposit. Concurrent There is currently Ten Thousand Two Hundred Fifty and 98/100 Dollars ($10,250.98) on deposit for the Cleveland Illuminating Company, and Four Thousand Seven Hundred Thirty Five and 09/100 Dollars ($4,735.04) for the Solon Department of Water and Sewer all of which shall be deemed to be deposits for the benefit of Landlord should Tenant fail to pay the utilities as billed. Tenant will deposit with Subtenant’s execution Landlord funds equal to one (1) month Base Rent. Tenant will replenish funds if deposits are used during the term of the Lease for any payments by Landlord due to Tenant's default within five (5) business days of demand; provided, however, that if, in the reasonable opinion of Tenant, a default has not occurred, Landlord and Tenant shall each appoint an arbitrator, both of whom shall appoint a third arbitrator to determine whether a default hereunder Section 13 has occurred. The decision of the arbitrators shall be final and shall be pursuant to the then existing rules of the American Arbitration Association. In the event the arbitrators determine that an event of default has not occurred, Landlord shall reimburse Tenant the amount of funds replenished by Tenant within five (5) days of the decision of the arbitrators. It shall be a condition precedent to arbitration that Tenant shall have replenished the full amount of its security deposit. The party ruled in default by the arbitrators shall bear the total costs associated with the arbitration. Upon the occurrence of any default by Tenant or breach by Tenant of Tenant's covenants under this Lease Agreement, Landlord may from time to time without prejudice to any other remedy, use the security deposit to the extent necessary to make good any arrears of rent and/or any damage, injury, expense or liability caused to Landlord by the event of default or breach of covenant, any remaining balance of the security deposit to be returned by Landlord to Tenant upon termination of this SubleaseLease Agreement, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Subleaseand further provided, as security for the faithful performance that no default by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations Tenant under the Master Lease), beyond any applicable notice Lease shall have occurred and be continuing without cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord at such time. Landlord may, without notice to Subtenant, but shall not be required to obligated to, use or apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shallsecurity deposit, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s optionas necessary, to the last assignee cure such default of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).

Appears in 1 contract

Sources: Lease Agreement (Advanced Lighting Technologies Inc)

Security Deposit. Concurrent with Subtenant’s execution On or before the Execution Date of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit the sum in cash set forth in Section 2.2 (the "Security Deposit”) in the amount stated in the Terms of Sublease"), which sum shall be held by Landlord as security for the faithful performance by Subtenant Tenant of all of its obligations the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the Term. To the extent allowed under this Sublease and Applicable Laws, Landlord shall not be required to maintain a separate account for the Master LeaseSecurity Deposit, but may intermingle it with other funds of Landlord. If Subtenant Defaults Tenant defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, then without notice to SubtenantTenant, Landlord may (but shall not be required to to) apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant default. If any portion of the Security Deposit is so used or applied, then Tenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved If Tenant shall fully and faithfully perform every provision of this Lease to be performed by Landlord or Sublandlord with it, then the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to SubtenantTenant, or or, at Sublandlord’s Landlord's option, to the last assignee of Tenant’s 's interest hereunder, within sixty (60) days following the expiration of the Sublease Term, but in no event later than as may otherwise be required under Applicable Laws. To the extent allowed under Applicable Laws, Tenant shall not be entitled to any interest on the Security Deposit Deposit. To the extent waivable under Applicable Laws, Tenant hereby irrevocably waives and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code relinquishes any and all other provisions rights, benefits, or protections, if any, Tenant now has, or in the future may have under any provision of law, now or hereafter in effect, law which (i) establish establishes the time frame by which a landlord must refund a security deposit under a lease, and/or or (ii) provide provides that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant tenant, or to clean the subject premises. Tenant acknowledges and agrees that, it being agreed that Sublandlord mayexcept as otherwise required under Applicable Laws, in addition, claim those sums specified (A) any statutory time frames for the return of a security deposit are superseded by the express period identified in this Article 13 above and/or those Section 6.4, and (B) rather than be so limited, Landlord may claim from the Security Deposit (i) any and all sums expressly identified in this Section 6.4, and (ii) any additional sums reasonably necessary to compensate Sublandlord or Landlord for any loss and all losses or damage damages caused by Subtenant’s Default under Tenant's default of this SubleaseLease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant Lease. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to Section 1951.2 be applied first to the payment of Rent and other charges due Landlord for all periods prior to the California Civil Code (as filing of such provision may be amended or modified)proceedings.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Security Deposit. Concurrent Concurrently with Subtenant’s execution of this Subleasehereof, Subtenant shall deposit with Sublandlord a security deposit (Tenant has paid to Landlord the Security Deposit”) Deposit specified in the amount stated in the Terms of Sublease, Basic Lease Information as security for the full and faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Defaults a default occurs under this Lease, or if Tenant is the subject of an Insolvency Proceeding, Landlord may use the Security Deposit to remedy any such default and to compensate Landlord for damages incurred. If Landlord uses any portion of the Security Deposit to cure any default by Tenant hereunder, Tenant shall deposit additional cash with respect Landlord in an amount equal to any provisions restore the Security Deposit to its original amount within ten (10) days of notice from Landlord; and Tenant’s failure to do so shall become be a material breach of this Sublease Lease. Landlord shall hold the Security Deposit for the foregoing purposes; provided, however, that Landlord shall have no obligation to segregate the Security Deposit from its general funds or to pay interest thereon. Within sixty (including any obligations under 60) days after the Master Lease), beyond any applicable notice and cure period set forth, including but not limited toexpiration of the Term or earlier termination, the provisions relating Security Deposit shall be returned to Tenant, reduced by those amounts that may be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent, to repair damages to the removal Premises caused by Tenant and to clean the Premises. If Landlord conveys or transfers its interest in the Leased Premises, and as a part of property such conveyance or transfer, assigns its interest in this Lease and Security Deposit, or any portion thereof not previously applied, the repair Security Deposit shall be transferred to Landlord’s successor and Landlord shall be released and discharged from any further liability to Tenant with respect to such Security Deposit. In no event shall any mortgagee or beneficiary under a mortgage or deed of damagetrust encumbering all or any portion of the Project, Sublandlord mayor any purchaser of all or any portion of the Project at a public or private foreclosure sale under such mortgage or deed of trust, without notice have any liability or obligation whatsoever to SubtenantTenant or Tenant’s successors or assigns for the return of all or any pan of the Security Deposit in the event any such mortgagee, but shall not be required beneficiary or purchaser becomes a mortgagee in possession or succeeds to apply the interest of Landlord under this Lease unless, and then only to the extent that, such mortgagee, beneficiary or purchaser has received all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Deposit.

Appears in 1 contract

Sources: Sublease (Aruba Networks, Inc.)

Security Deposit. Concurrent with Subtenant’s The Security Deposit, if any, shall be delivered to Landlord upon the execution of this Sublease, Subtenant Lease and shall deposit with Sublandlord a security deposit be held by Landlord without liability for interest (the “Security Deposit”except as required by law) in the amount stated in the Terms of Sublease, and as security for the faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but The Security Deposit shall not be required considered an advance payment of Rent or a measure of Tenant's liability for damages. Landlord may, from time to apply time, without prejudice to any other remedy, use all or any part a portion of the Security Deposit for to make good any arrearages of Rent, to repair damages to the payment Premises caused by Tenant, to clean the Premises upon termination of any Rent this Lease or otherwise to satisfy any other sum covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in Default and Subtenant shall, upon demand therefor, order to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed If Tenant is not in default at the time termination of termination or expiration of this Lease, after Tenant surrenders the Sublease must be removed by Subtenant; Subtenant agrees that Premises to Landlord in accordance with this Lease and all amounts due Landlord from Tenant are finally determined and paid, the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion balance of the Security Deposit remaining after any such application shall be returned to SubtenantTenant. If Landlord transfers its interest in the Premises during the Lease Term, or at Sublandlord’s option, Landlord may assign the Security Deposit to the last transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee of Tenant’s interest hereunder, within sixty (60) days following for the expiration return of the Sublease TermSecurity Deposit. Tenant Landlord and its successors and assigns shall not be entitled to bound by any interest on actual or attempted assignment or encumbrance of the Security Deposit by Tenant, provided, however, if Tenant's interest in this Lease has been assigned, Landlord may, at its option, and Sublandlord shall have provided the right to commingle assignee provides Landlord with written evidence of such assignment, return the Security Deposit to such assignee, provided further that the assignee has complied with Sublandlord’s the other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination terms of this Sublease pursuant paragraph. If Landlord elects to Section 1951.2 of return the California Civil Code (Security Deposit to Tenant's assignee as such provision may aforesaid, Landlord will have no further obligation to the original tenant with respect thereto. Landlord shall not be amended or modified)required to keep the Security Deposit separate from its other accounts.

Appears in 1 contract

Sources: Sublease Agreement (Ritz Interactive, Inc.)

Security Deposit. Concurrent Contemporaneously with Subtenant’s the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit pay to Landlord the Security Deposit (the “Security Deposit”) as defined in the amount stated in the Terms of SubleaseBasic Lease Information), as security for the faithful which shall be held by Landlord to secure Tenant’s performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect The Letter of Credit shall be in the form of a clean, irrevocable, non-documentary and unconditional letter of credit issued by and drawable upon any commercial bank satisfactory to any provisions Landlord, trust company, national banking association or savings and loan association (the “Issuing Bank”). A current list of acceptable Issuing Banks is attached to this Sublease Lease as Exhibit I-1. Such Letter of Credit shall (including any obligations under a) name Landlord as beneficiary, (b) be in the Master Lease)amount of the Security Deposit, beyond any applicable notice and cure period set forth(c) have a term of not less than one year, including but not limited to(d) permit multiple drawings, the provisions relating to (e) be fully transferable by Landlord without the payment of Rentany fees or charges by Landlord, and (f) otherwise be in substantially the removal form attached hereto as Exhibit I-2 or such other form and content reasonably satisfactory to Landlord. If at any time, (A) the Issuing Bank is declared insolvent or is taken into receivership by the Federal Deposit Insurance Corporation or any other governmental agency, or is closed for any reason, or (B) Landlord reasonably believes that the Issuing Bank may be or become insolvent or otherwise unable to meet its obligations, then not later than thirty (30) days after written notice from Landlord, Tenant shall cause the existing Letter of property Credit to be replaced by a new Letter of Credit, in form acceptable to Landlord, issued by another Issuing Bank acceptable to Landlord (a “Replacement Letter of Credit”) in its sole discretion. If ▇▇▇▇▇▇ fails to deliver a Replacement Letter of Credit within such thirty (30) day period, Landlord shall have the right to draw upon the existing Letter of Credit and hold the proceeds thereof as a cash Security Deposit pending receipt of a Replacement Letter of Credit. If upon any transfer of the Letter of Credit, any fees or charges shall be so imposed, then such fees or charges shall be payable solely by Tenant and the repair Letter of damage, Sublandlord mayCredit shall so specify. The Letter of Credit shall provide that it shall be deemed automatically renewed, without amendment, for consecutive periods of one year each thereafter during the Term unless the Issuing Bank sends a notice (the “Non-Renewal Notice”) to SubtenantLandlord by certified mail, but return receipt requested, not less than 45 days next preceding the then expiration date of the Letter of Credit stating that the Issuing Bank has elected not to renew the Letter of Credit. Landlord shall not have the right, upon receipt of the Non-Renewal Notice, to draw the full amount of the Letter of Credit, by sight draft on the Issuing Bank, and shall thereafter hold or apply the cash proceeds of the Letter of Credit pursuant to the terms of this Section. The Letter of Credit shall provide for draws to be required made at an office location in Boston or another location acceptable to Landlord or via facsimile. The Letter of Credit shall be subject in all respects to the International Standby Practices (ISP98), International Chamber of Commerce Publication No. 590. If there be an Event of Default (as defined in Section 17), Landlord may apply all or retain the whole or any part of the cash Security Deposit or may notify the Issuing Bank and thereupon receive all or a portion of the Security Deposit represented by the Letter of Credit and use, apply, or retain the whole or any part of such proceeds, as the case may be, to the extent required for the payment of any Rent or any other sums as to which Tenant is in default including (a) any sum in Default and Subtenant shallwhich Landlord may expend or may be required to expend by reason of Tenant’s Event of Default, upon demand thereforand/or (b) any damages or deficiency to which Landlord is entitled pursuant to this Lease or applicable Laws, restore whether such damages or deficiency accrues before or after summary proceedings or other reentry by Landlord. If Landlord applies or retains any part of the Security Deposit, Tenant, within ten (10) Business Days after receipt of written demand from Landlord, shall deposit with Landlord the amount so applied or retained so that Landlord shall have the full Security Deposit to its original amounton hand at all times during the Term. Any alterations or improvements approved by Landlord or Sublandlord If Tenant shall fully and faithfully comply with the condition that such items be removed at the time of termination or expiration all of the Sublease must be removed by Subtenant; Subtenant agrees that the cost terms, covenants and conditions of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of this Lease, the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, Tenant within sixty thirty (6030) days following after the expiration of the Sublease TermTerm and after delivery of possession of the Premises to Landlord in the manner required by this Lease. Tenant expressly agrees that Tenant shall have no right to apply any portion of the Security Deposit against any of Tenant’s obligations to pay Rent or other sums due hereunder. Upon a sale of the Land or the Building or any financing of Landlord’s interest therein, Landlord shall transfer the cash Security Deposit or the Letter of Credit, as applicable, to the vendee or lender (if required by such lender). With respect to the Letter of Credit, within ten (10) Business Days after notice of such sale or financing, Tenant, at its sole cost, shall arrange for the transfer of the Letter of Credit to the new landlord or the lender (if required by such lender), as designated by Landlord in the foregoing notice or have the Letter of Credit reissued in the name of the new landlord or the lender. Provided that such cash Security Deposit or Letter of Credit is transferred to the new landlord or lender, Tenant shall look solely to the new landlord or lender for the return of such cash Security Deposit or Letter of Credit and the provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new landlord. Tenant shall not be entitled assign or encumber or attempt to any interest on assign or encumber the cash Security Deposit or Letter of Credit and Sublandlord neither Landlord nor its successors or assigns shall be bound by any such action or attempted assignment, or encumbrance. Notwithstanding the foregoing, provided that no Event of Default has occurred as of the third (3rd) anniversary of the Rent Commencement Date (the “L/C Reduction Date”), Tenant shall have the right to commingle request by written notice to Landlord delivered after the Security Deposit with SublandlordL/C Reduction Date that the Letter of Credit be reduced to $1,190,085.27 (the “Reduced L/C Amount”). Tenant’s other fundswritten request shall include a Replacement Letter of Credit meeting the requirements of this Section 6 reflecting the Reduced L/C Amount, and provided that no Event of Default has occurred, Landlord shall be obligated to return to Tenant the original Letter of Credit within five (5) Business Days days after receipt of Tenant’s written request and such Replacement Letter of Credit. Subtenant hereby waives Notwithstanding the provisions of Section 1950.7 of foregoing, provided that the California Civil Code and all other provisions of lawIssuing Bank is then acceptable to Landlord, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Tenant may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord mayprovide, in additionlieu of a Replacement Letter of Credit, claim those sums specified an amendment to the existing Letter of Credit, reflecting the Reduced L/C Amount and otherwise in this Article 13 above and/or those sums form reasonably necessary acceptable to compensate Sublandlord or Landlord, and provided that no Event of Default has occurred, Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination shall accept such amendment to the existing Letter of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Credit.

Appears in 1 contract

Sources: Office Lease Agreement (Sage Therapeutics, Inc.)

Security Deposit. Concurrent Concurrently with Subtenant’s execution Tenant's delivery to Landlord of an executed copy of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a Landlord security deposit for the performance of all of Tenant's obligations in an amount that when added to the amount of the Prior Lease Deposit, will equal the aggregate amount of the Security Deposit set forth in the Basic Lease Provisions (in the aggregate, the "Security Deposit"). The security deposited by Tenant shall be in the form of either cash or an unconditional and irrevocable letter of credit (the "Letter of Credit"): (i) in form and substance reasonably satisfactory to Landlord, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer notice that Landlord is entitled to draw thereunder, (iv) drawable on an FDIC- insured financial institution satisfactory to Landlord, and (v) redeemable in the state of California. Within 10 days after the Prior Lease Termination Date, Landlord shall notify Tenant of the amount (if any) of the Prior Lease Deposit used by Landlord to pay or perform any obligation of Tenant under the Prior Lease or to compensate Landlord for any loss or damage resulting from any default by Tenant under the Prior Lease and, within 10 days after such notice, Tenant shall deposit with Landlord the amount necessary to restore the Security Deposit to its required aggregate amount. Further, if the security initially deposited by Tenant under this Lease is in the form of a Letter of Credit, Tenant may, at any time during the first 3 months of the Base Term, deliver to Landlord a substitute Letter of Credit complying with all of the requirements hereof in an amount equal to the required aggregate amount of the Security Deposit and, within 10 days after Landlord's receipt of such substitute Letter of Credit, Landlord shall return to Tenant the portion of the Security Deposit then in the form of cash (after deducting therefrom all amounts to which Landlord is then entitled under the provisions of this Lease). As to any Letter of Credit serving as security hereunder, if Tenant does not provide Landlord with a substitute Letter of Credit complying with all of the requirements hereof at least 30 days before the stated expiration date of such Letter of Credit, Landlord shall have the right to draw upon such Letter of Credit and hold the funds drawn as the Security Deposit; provided, however, that (x) Tenant's failure to timely provide a satisfactory substitute Letter of Credit shall not be a Default (as defined in Section 20), and (y) Tenant, not more than once during the amount stated in Term, may subsequently provide Landlord with a substitute Letter of Credit complying with all of the Terms requirements hereof, at which time Landlord shall return to Tenant the funds drawn by Landlord under the previous Letter of Sublease, Credit (after deducting therefrom all amounts to which Landlord is then entitled under the provisions of this Lease). The Security Deposit shall be held by Landlord as security for the faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions The Security Deposit is not an advance rental deposit or a measure of this Sublease (including any obligations under the Master Lease)Landlord's damages in case of a Default. Upon each occurrence of a Default, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part of the Security Deposit for to pay delinquent payments due under this Lease, and the payment cost of any Rent damage, injury, expense, or liability caused by such Default, without prejudice to any other sum remedy provided herein or provided by law; provided, however, that (A) notwithstanding the amount that Landlord may actually draw on any Letter of Credit serving as security hereunder, Landlord's damages upon the occurrence of each Default shall be determined in Default accordance with Section 21 hereof, and Subtenant shall(B) it shall not be a default by Landlord under this Lease if, upon demand thereforthe occurrence of a Default, restore Landlord actually draws more on any such Letter of Credit than Landlord may be entitled to pursuant to Section 21 hereof, it being understood and agreed that any funds so drawn by Landlord in excess of Landlord's damages pursuant to Section 21 hereof shall be deemed held by Landlord as part of the Security Deposit and, upon Tenant's restoration of the Security Deposit to its original required amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit , shall be returned to Subtenant, or at Sublandlord’s option, Tenant (after deducting therefrom all amounts to which Landlord is then entitled under the last assignee provisions of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termthis Lease). Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) that provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenant’s Default the act or omission of Tenant or any officer, employee, agent, or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its required amount. The Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this SubleaseLease), includingshall be returned to Tenant (or, but not limited toat Landlord's option, all damages to the last assignee of Tenant's interest hereunder) within 90 days after the expiration or rent due upon earlier termination of this Sublease pursuant Lease. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord's obligations under this Section 1951.2 6, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the California Civil Code (as such provision may be amended or modified)Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant's right to the return of the Security Deposit shall apply solely against Landlord's transferee. Landlord's obligation respecting the Security Deposit is that of a debtor, not a trustee and; no interest shall accrue thereon.

Appears in 1 contract

Sources: Lease Agreement (Cell Genesys Inc)

Security Deposit. Concurrent Tenant has deposited the Security Deposit with Subtenant’s execution of this Sublease, Subtenant Landlord. Landlord shall deposit with Sublandlord a security deposit (hold the Security Deposit”) in the amount stated in the Terms of Sublease, Deposit as security for the full and faithful payment or performance by Subtenant of all Tenant of its obligations under this Sublease Lease and not as a prepayment of Rent. Landlord may commingle the Master Lease. If Subtenant Defaults Security Deposit with respect other funds of Landlord and shall not be liable to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to Tenant for the payment of Rentinterest thereon or profits therefrom. Landlord may expend such amounts from the Security Deposit as may be necessary to cure any Default and, in such case, Tenant shall pay to Landlord the removal amount so expended, on demand. Landlord may assign the Security Deposit to any subsequent owner of property the Building and thereafter Landlord shall have no further liability to Tenant with respect thereto. As soon as reasonably practicable after the repair of damageLease Termination Date, Sublandlord mayLandlord shall (i) inspect the Premises, without notice to Subtenant, but shall not (ii) make such payments from the Security Deposit as may be required to apply all or cure any part outstanding Default hereunder and (iii) if no Default is then continuing, pay the balance of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the to Tenant. The Security Deposit may be in the form of an irrevocable, unconditional, negotiable letter of credit (the “Letter of Credit”). The Letter of Credit shall: (a) be in the amount required hereby; (b) be in form and substance satisfactory to Landlord; (c) name Landlord as its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items beneficiary; (d) be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs drawn on an FDIC insured financial institution reasonably satisfactory to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within Landlord; (e) expire no earlier than sixty (60) days following after the expiration Termination Date of this Lease (f) be transferable by Landlord as beneficiary upon presentation of the Sublease Termletter of credit, a transfer certificate in the form attached to the letter of credit and the payment by Landlord of a transfer administrative fee acceptable to Landlord set forth on the face of the letter of credit. If any reasonable transfer fee is required in connection with the sale of the Building by Landlord, Landlord shall be solely responsible for payment of such fee. If Landlord shall reasonably determine at any time that the issuer is no longer satisfactory, Tenant shall not be entitled to any interest on provide a replacement Letter of Credit complying with the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which foregoing within thirty (i30) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim days after notice from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Landlord.

Appears in 1 contract

Sources: Lease Agreement (A123 Systems, Inc.)

Security Deposit. Concurrent Contemporaneously with Subtenant’s the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit pay to Landlord the amount of Security Deposit (the “Security Deposit”"SECURITY DEPOSIT") specified in the amount stated in the Terms of SubleaseBasic Lease Information, as security for the faithful which shall be held by Landlord to secure Tenant's performance by Subtenant of all of its obligations under this Sublease and the Master Lease. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord's damages upon a default by Tenant or an Event of Default (defined below). If Subtenant Defaults Tenant defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord Landlord may, without notice to Subtenant, but shall not be required to to, use, apply or retain all or any part of the Security Deposit (a) for the payment of any Rent or any other sum in Default default, (b) for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such default by Tenant, and Subtenant (e) to compensate Landlord for any other loss or damage which Landlord may suffer by reason of such default by Tenant. If any portion of the Security Deposit is so used or applied, Tenant shall, upon within ten (10) days after demand therefortherefor by Landlord, deposit with Landlord cash in an amount sufficient to restore the Security Deposit to the amount required to be maintained by Tenant hereunder. Within a reasonable period following expiration or the sooner termination of this Lease, provided that Tenant has performed all of its original amount. Any alterations or improvements approved by obligations hereunder, Landlord or Sublandlord with shall return to Tenant the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied remaining portion of the Security Deposit. The Security Deposit may be commingled by Landlord with Landlord's other funds, and no interest shall be returned to Subtenantpaid thereon. If Landlord transfers its interest in the Premises, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on then Landlord may assign the Security Deposit to the transferee and Sublandlord thereafter Landlord shall have no further liability or obligation for the right to commingle return of the Security Deposit with Sublandlord’s other fundsDeposit. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code Code, and all other provisions of lawany Regulations, now or hereafter hereinafter in effectforce, which (i) establish restricts the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide amount or types of claim that a landlord may claim from make upon a security deposit only those sums reasonably necessary or imposes upon a landlord (or its successors) any obligation with respect to remedy defaults in the payment handling or return of rentsecurity deposits. LANDLORD SHALL, to repair damage caused by a tenant or to clean the premisesAT TENANT'S WRITTEN REQUEST, it being agreed that Sublandlord mayRETURN $34,752.00 OF THE SECURITY DEPOSIT, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code WHEN TENANT'S NET ASSETS ARE IN EXCESS OF ONE HUNDRED MILLION DOLLARS (as such provision may be amended or modified$100,000,000).

Appears in 1 contract

Sources: Office Lease (Zapme Corp)

Security Deposit. Concurrent with Subtenant’s On execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (pay to Landlord the sum specified in the definition of the term Security Deposit”) in the amount stated in the Terms of Sublease, as security for the full and faithful payment of all sums due under this Lease and the full and faithful performance of every covenant and condition of this Lease to be performed by Subtenant of all of its obligations under this Sublease and the Master LeaseTenant. If Subtenant Defaults Tenant shall breach or default with respect to any provisions payment obligation or other covenant or condition of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to Landlord may apply all or any part of the Security Deposit for to the payment of any Rent sum in default or any other sum damage suffered by Landlord as a result of such breach or default, and in Default and Subtenant such event, Tenant shall, upon demand thereforby Landlord, restore deposit with Landlord the amount so applied so that Landlord shall have the full Security Deposit to its original amounton hand at all times during the Lease Term. Any alterations Landlord's use or improvements approved by Landlord application of all or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied any portion of the Security Deposit shall not impair any other rights or remedies provided under this Lease or under Applicable Law and shall not be returned construed as a payment of liquidated damages. If Tenant shall have fully complied with all of the covenants and conditions of this Lease, the Security Deposit shall be repaid to SubtenantTenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunderwithout interest, within sixty thirty (6030) days following Days after the expiration of the Sublease Termthis Lease. Tenant shall may not be entitled to any interest on mortgage, assign, transfer or encumber the Security Deposit and Sublandlord any such act on the part of Tenant shall have be without force or effect. In the right to commingle event any bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives shall be deemed to be applied first to the provisions payment of Section 1950.7 of the California Civil Code Base Rent, Additional Rent and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit sums payable under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary this Lease to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseall periods prior to the institution of such proceedings and the balance, includingif any, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended retained by Landlord and applied against Landlord's damages. In the event of transfer of Landlord's interest, the Letter of Credit shall be assignable at no cost or modified)expense to Landlord. If for any reason the Letter of Credit is void or dishonored, Tenant will obtain a replacement Letter of Credit consistent with the terms hereof.

Appears in 1 contract

Sources: Lease (Netlibrary Inc)

Security Deposit. Concurrent Concurrently with Subtenant’s execution of this Sublease, Subtenant shall deposit with the Sublandlord a security deposit (the Security Deposit”) Deposit in the amount stated set forth in the Terms of Sublease, Basic Sublease Provisions. The Security Deposit shall be held by Sublandlord without liability for interest (unless required by law). Sublandlord shall not be required to keep the Security Deposit separate from its other accounts. Sublandlord shall hold the Security Deposit as security for the faithful performance by Subtenant of all of its Subtenant’s obligations under this Sublease and the Master LeaseSublease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but The Security Deposit is not limited to, the provisions relating to the an advance payment of Rent, the removal Rent or a measure of property and the repair of damage, Subtenant’s liability for damages. Subtenant shall have no right to call upon Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment to cure any default or fulfill any obligation of any Rent or any other sum in Default and Subtenant shallSubtenant, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that but such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit use shall be returned to Subtenant, or at solely in the discretion of Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 all provisions of law now in force of that became in force after the Effective Date of this Sublease (including, without limitation, California Civil Code and all other provisions of law, now or hereafter in effect, which (iSection 1950.7) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) that provide that a landlord Sublandlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Subtenant, or to clean the premises, it being agreed Premises. Subtenant aggress that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other foreseeable or unforeseeable loss or damage caused by the act or omission of Subtenant or Subtenant’s officers, agents, employees, independent contractors, or invitees. In the event of a Default, Sublandlord may, from time to time, without prejudice to any other remedy, use all or a portion of the Security Deposit to satisfy past due Rent or to cure any uncured Default by Subtenant, or in Sublandlord’s discretion apply such Security Deposit after a Default, to (a) pay any Rent or other sum in default; (b) pay any amount that Sublandlord may spend or become obligated to spend in exercising Sublandlord’s rights under Article 12; or (c) compensate Sublandlord for any expense, loss or damage that Sublandlord may suffer because of Subtenant’s Default. In the even that Sublandlord applies any portion of the Security Deposit as permitted in this Section; Subtenant shall restore the Security Deposit to its original amount within five (5) days for Sublandlord’s demand. Sublandlord shall notify Subtenant in writing of any defaults, including any damages whereby it intends to subtract the cost from the Security Deposit. Sublandlord shall return any unapplied portion of the Security Deposit to Subtenant within forty-five (45) days after the last to occur of: (i) the determination of Subtenant’s Share of any Operating Costs and Taxes for the final year or portion of a year of the Term; (ii) the date Subtenant surrenders possession of the Premises to Sublandlord in accordance with this Sublease, or (iii) the Expiration Date, unless there is a Default by Subtenant in existence on such date. If Sublandlord conveys Sublandlord’s interests under this Sublease, includingthe Security Deposit may be assigned or negotiated by Sublandlord to Sublandlord’s grantee, but not limited toand if so assigned or negotiated, all damages or rent due upon termination provided Sublandlord gives Subtenant notice of the name of such grantee, Subtenant aggress to look solely to such grantee for the proper application of the security Deposit in accordance with the terms of this Sublease pursuant Section and the return thereof in accordance herewith. Upon delivery of such notice, Subtenant hereby releases the Sublandlord named herein of any and all liability with respect to Section 1951.2 the Security Deposit, the application of any proceeds thereform and its return, and Subtenant agrees to look solely to such grantee. This provision shall also apply to subsequent grantees. Neither the holder of a mortgage nor the Master Landlord shall be responsible to Subtenant for the return or application of the California Civil Code (as Security Deposit, whether or not it succeeds to the position of Sublandlord hereunder, unless the Security Deposit shall have been actually received by such provision may be amended mortgage holder or modified)Master Landlord.

Appears in 1 contract

Sources: Sub Sublease Agreement (Enernoc Inc)

Security Deposit. Concurrent Tenant has deposited with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) Deposit in the amount stated in the Terms of Sublease, as security set forth above for the faithful performance of each and every covenant and agreement to be performed by Subtenant of all of its obligations Tenant under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under Landlord shall have the Master Lease)right, beyond any applicable notice and cure period set forth, including but not limited tothe obligation, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the in whole or in part as payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums amounts as are reasonably necessary to remedy Tenant's defaults in the payment of rent, rent or in the performance of the covenants or agreements contained herein. ▇▇▇▇▇▇▇▇'s right to repair damage caused possession of the Property for non-payment of rent or any other reason shall not be affected by a tenant or to clean the premises, it being agreed fact that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but holds security. Tenant's liability is not limited toto the amount of the Security Deposit. Landlord shall give Tenant written notice of the application of the Security Deposit or any part thereof within thirty (30) days of said application. If the application is on account of maintenance, all damages repairs or rent due upon replacements necessitated by tenant, said notice shall include the estimated or actual cost of the same, attaching estimates or paid receipts. Upon receipt of said notice, Tenant shall at once pay to Landlord an amount sufficient to restore the Security Deposit in full. Upon termination of this Sublease pursuant to Section 1951.2 Lease, full payment of all amounts due and performance of all Tenant's covenants and agreements (including surrender of the California Civil Code (as Property in accordance with Paragraph 15), the Security Deposit or any portion thereof remaining unapplied shall be returned to Tenant in accordance with applicable law. In the event of a sale, lease, or other transfer of the Building, Landlord may transfer or assign said Security Deposit to Landlord's grantee, lessee or assignee. Provided said grantee, lessee or assignee by written undertaking addressed to Landlord assumes all Landlord's obligations hereunder, ▇▇▇▇▇▇ agrees to look to such provision may be amended grantee, ▇▇▇▇▇▇ or modified)assignee solely for the return of said Security Deposit. The provisions hereof shall apply to each and every sale, lease or other transfer of the Building.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Concurrent with Subtenant’s the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article 1 as the “Security Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused by Tenant; (iii) to clean and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant’s behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant’s request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as “Last Month’s Prepaid Rent”, Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant’s Last Month’s Prepaid Rent by transferring all or portions of such Last Month’s Prepaid Rent to Tenant’s Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord’s ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, California Civil Code Section 1950.7 to the contrary) a period of thirty days following a surrender of the Leased Premises by Tenant to Landlord within which to return the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord maythirty days is a reasonable period of time within which to inspect the Leased Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen’s ▇▇▇▇▇▇▇▇ therefore, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Industrial Space Lease (Lexar Media Inc)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant Lessee shall deposit with Sublandlord a security deposit Lessor upon execution hereof an amount equal to Dollars (the “Security Deposit”$ ) in the amount stated in the Terms of Sublease, as security for the ▇▇▇▇▇▇’s faithful performance by Subtenant of all of its ▇▇▇▇▇▇’s obligations under this Sublease and the Master Leasehereunder. If Subtenant Defaults Lessee fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthLessor may use, including but not limited toapply, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply or retain all or any part portion of the Security Deposit said deposit for the payment of any Rent or other charge in default or for the payment of any other sum for which Lessor may become obligated by reason of ▇▇▇▇▇▇’s default, or to compensate Lessor for any loss or damage which Lessor may suffer thereby. If Lessee is in Default default of this Lease and Subtenant shallLessor so uses or applies all or any portion of said deposit, upon Lessee shall within 10 days after written demand therefor, therefor deposit cash with Lessor in an amount sufficient to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs said deposit to the Common Areas due amount stated above, and ▇▇▇▇▇▇’s failure to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit do so shall be returned a material breach of this Lease. Lessor shall not be required to Subtenantkeep said deposit separate from its general accounts. If ▇▇▇▇▇▇ performs all of ▇▇▇▇▇▇’s obligations hereunder, said deposit, or so much thereof as has not been applied by ▇▇▇▇▇▇, shall be returned, without payment of interest or other increment for its use, to Lessee (or, at SublandlordLessor’s option, to the last assignee assignee, if any, of Tenant▇▇▇▇▇▇’s interest hereunder, within sixty (60) days following at the expiration of the Sublease TermTerm and after ▇▇▇▇▇▇ has vacated the Premises. Tenant Any mortgagee of Lessor, purchaser of the Project, or beneficiary of a deed of trust shall be relieved and released from any obligation to return said deposit in the event such mortgagee, beneficiary of deed of trust or purchaser comes into possession of the Premises by reason of foreclosure or trustee’s sale (including deed in lieu thereof) or proceeding in lieu of foreclosure unless said deposit shall have been actually delivered to such mortgagee, beneficiary of deed of trust or purchaser. Such release, however, shall not be entitled relieve the person or entity who owned the Project immediately prior to acquisition of title by such mortgagee, beneficiary of deed of trust or purchaser of any interest on the Security Deposit and Sublandlord shall obligation he or it may have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)return said deposit.

Appears in 1 contract

Sources: Commercial Industrial Triple Net Lease

Security Deposit. Concurrent Tenant has deposited with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article 1 as the "Security Deposit”) in the amount stated in the Terms of Sublease, " as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused by and required to be paid for hereunder by Tenant; (iii) to clean and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restrictions on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent", Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, California Civil Code Section 1950.7 to the contrary) a period of sixty days following a surrender of the Leased Premises by Tenant to Landlord within which to restore the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord maysixty days is a reasonable period of time within which to inspect the Leased Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen's ▇▇▇▇▇▇▇▇ therefore, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Industrial Space Lease (Efficient Networks Inc)

Security Deposit. Concurrent with Subtenant’s On execution of this SubleaseAgreement, Subtenant shall deposit with Sublandlord the Tenant will pay the Landlord a security deposit of £595.00 (the "Security Deposit”) "). No interest will be received on the Security Deposit. The Landlord will return the Security Deposit at the end of this tenancy, less such deductions as provided in this Agreement but no deduction will be made for damage due to fair wear and tear nor for any deduction prohibited by the Act. During the Term or after its termination, the Landlord may charge the Tenant or make deductions from the Security Deposit for any or all of the following: repair of walls due to plugs, large nails or any unreasonable number of holes in the amount stated walls including the repainting of such damaged walls; repainting required to repair the results of any other improper use or excessive damage by the Tenant; unplugging toilets, sinks and drains; replacing damaged or missing doors, windows, screens, mirrors or light fixtures; repairing cuts, ▇▇▇▇▇, or water damage to linoleum, rugs, and other areas; any other repairs or cleaning due to any damage beyond fair wear and tear caused or permitted by the Tenant or by any person whom the Tenant is responsible for; the cost of extermination where the Tenant or the Tenant's guests have brought or allowed insects into the Property or building; repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls; and replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Tenant's misplacement of the keys; and any other purpose allowed under this Agreement or the tenancy deposit scheme in the Terms Housing ▇▇▇ ▇▇▇▇ as supplemented or amended from time to time. For the purpose of Subleasethis clause, the Landlord may charge the Tenant for professional cleaning and repairs if the Tenant has not made alternate arrangements with the Landlord. The Tenant may not use the Security Deposit as security payment for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating Rent without prejudice to the payment right of Rentthe Landlord to retain the Security Deposit, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of it, at the Security Deposit for end of the payment Term in respect of any Rent or any other sum of rent which is in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed arrears at the time of termination or expiration end of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

Security Deposit. Concurrent Tenant has deposited with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article 1 as the "Security Deposit”) in the amount stated in the Terms of Sublease, " as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. On the date twenty four months after the Lease Commencement Date, provided no Event of Default shall have occurred, Landlord shall reduce the amount of the Security Deposit so that such amount equals one month of the Base Monthly Rent then payable. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2, and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claims by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent," Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted segregate it from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease TermLandlord's general accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may 1950.7 to the contrary) a period of ninety days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen's bill▇▇▇▇ ▇▇▇refor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Lease Agreement (Va Linux Systems Inc)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant shall ▇▇▇▇▇▇ agrees to deposit with Sublandlord the Landlord $ as a Security Deposit, which includes any pet security deposit (as/if applicable per Section 32. Regardless of when given or for what purpose, any security deposit paid by Tenant is collectively hereinafter referred to as “Deposit.” Regardless of the “Security purpose of any Deposit”) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect Landlord may apply any Deposit to any provisions sum owed by ▇▇▇▇▇▇. Tenant shall not apply or use any portion of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating Deposit as an offset or reduction to the payment of Rentrent or other sums due under this Lease at any time for any reason whatsoever. Landlord shall have the right to apply such portion(s) of the Deposit reasonably necessary to remedy any default(s) by Tenant in the payment of rent, late fees or any other sum, or to repair any damage to the removal Premises or to Landlord’s property caused by Tenant and Tenant shall replenish the portion(s) of property and the repair Deposit applied towards Tenant’s default(s) upon written notice from Landlord. Regardless of whether specifically stated in any applicable provision of this Lease, Tenant shall always be liable to Landlord for any damage, Sublandlord mayincluding negligent or intentional acts caused by Tenant, without notice any occupant, child, family member, guest, invitee, pet, animal, or licensee of Tenant, or any other person on the Premises due to SubtenantTenant. If Tenant is liable for any damages, but Tenant shall pay Landlord such damages upon demand. Tenant’s legal liability to Landlord shall not be required limited under any circumstance to apply all or any part the amount of the Security Deposit Deposit. Tenant contracts to pay reasonable cleaning charges if Tenant fails to make the Premises as clean as when ▇▇▇▇▇▇ moved in, and Landlord may withhold or deduct reasonable charges for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted cleaning from the Security Deposit and may include repairs Deposit. ▇▇▇▇▇▇ agrees to pay any trash removal or Dumpster charges if ▇▇▇▇▇▇ fails to remove personal property or trash upon vacating. Unless affected by statute, if ▇▇▇▇▇▇ fails to leave the Common Areas due Premises infestation free or otherwise causes any infestation, Tenant contracts to changes or damage caused by Subtenantpay reasonable extermination charges to restore the Premises to infestation free status. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, ▇▇▇▇▇▇▇▇ agrees within sixty (60) days following the expiration after termination of this Lease, or surrender and acceptance of the Sublease Term. Premises, whichever occurs last, to email or mail to Tenant shall not be entitled to any interest on at Tenant’s last known address a written statement listing the full and specific reasons for all charges against the Security Deposit and Sublandlord shall have together with a refund of the right to commingle balance, if any, of the Security Deposit with Sublandlordto Tenant. Prior to vacating, Tenant shall provide in writing to Landlord and the U.S. Postal Service each Tenant’s other fundsindividual forwarding or last known address. Subtenant hereby waives If more than one person signed this Lease, Landlord may issue one check for the provisions Security Deposit refund payable jointly to all Tenants, and send such check via mail to any last known address of Section 1950.7 of the California Civil Code and all other provisions of law, now any Tenant or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary via electronic check to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Tenant-provided bank account.

Appears in 1 contract

Sources: Residential Lease Agreement

Security Deposit. Concurrent with Subtenant’s execution of this SubleaseOn or before the Lease Begin Date, Subtenant Resident shall deposit with Sublandlord a security deposit (Owner the Security Deposit”) in the amount stated in the Terms of Sublease, Deposit as security for the full and faithful performance by Subtenant Resident of all each and every provision of its this Lease and those obligations under this Sublease and imposed upon Resident by law (including without limitation Florida Statutes §83-52). In the Master Lease. If Subtenant Defaults event Resident defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthsuch provisions, including but not limited to, the provisions relating to without limitation the payment of Rentrent or any additional rent, the removal of property and the repair of damageOwner or its agents may apply, Sublandlord may, without notice to Subtenant, but shall not be required to apply use or retain all or any part of the such Security Deposit Deposit, plus any accrued interest thereon, for the payment of any Rent such rent or additional rent, or for any other sum which Owner may expend, or any damage which Owner may suffer by reason of Resident’s default, including without limitation any damages or deficiency occurring in Default and Subtenant shallconnection with any repairs to, upon demand thereforredecorating of, restore or reletting of the Security Deposit to its original amountApartment. Any alterations or improvements approved As provided by Landlord or Sublandlord Florida Statutes §83-49, YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAY AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLV ANY DISPUTE BEFORE FILING A LAWSUIT, GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS. In the event that Resident shall fully comply with the condition that provisions of this Lease and the obligations imposed on Resident by law, such items Security Deposit, together with any accrued interest thereon required by law, or any balance thereof, shall be removed at returned to Resident as required by law after the time of termination or expiration of the Sublease must be removed tenancy and delivery of possession. In the event the Premises (or any portion of the Premises in which the Apartment is located) is sold, Resident by Subtenant; Subtenant agrees that his execution of this Lease hereby consents to the cost transfer to Owner’s successor (or such successor’s nominee) of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes any accrued interest thereon. Owner’s successor (or damage caused by Subtenant. Any unapplied portion such successor’s nominee) of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s and any accrued interest hereunder, within sixty (60) days following the expiration of the Sublease Termthereon. Tenant shall not be entitled to any interest on the The Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of lawwill be deposited by Owner at Regions Bank, now or hereafter in effect▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ West, which (i) establish the time frame by which a landlord must refund a security deposit under a leaseBradenton, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)FL 34210.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Concurrent with SubtenantTenant shall receive a comprehensive Move-­‐In and Move-­‐Out Inspection Report (The “Inspection Report” -­‐ attached hereto as Exhibit “A”) which lists for Tenant’s execution permanent retention any existing damages. Tenant is entitled to inspect the Residence to ascertain the accuracy of this Subleasethe Inspection Report prior to taking occupancy, Subtenant and Tenant shall deposit with Sublandlord either sign the Inspection Report or state specifically in writing the items listed therein to which Tenant dissents, and Tenant shall sign such statement of dissent. No such written report shall constitute a request for repairs within the meaning of Paragraph 17 of the Lease. Upon Tenant's receipt of the Inspection Report, the Reservation Fee will automatically be converted to a security deposit (the "Security Deposit") in the amount stated in the Terms of Sublease, above as security for the full and faithful performance and observance by Subtenant Tenant of all each and every term and covenant of its obligations under this Sublease Lease, including, without limitation, the payment of Rent. The Security Deposit is being held in Escrow Account No. ▇▇▇▇▇▇▇ at The National Bank of Georgia, Athens, Georgia maintained by Agent. Agent may, but is not obligated to, maintain such funds in an interest bearing account. Any interest accruing shall become the property of Agent. In the event of a sale or other conveyance of the Residence, Landlord shall be entitled to transfer the Security Deposit (or Reservation Fee) to the party who acquires the Residence, and the Master Lease. If Subtenant Defaults from and after such transfer, Landlord shall be released of any liability with respect to any provisions of this Sublease (including any obligations under thereto. Before Tenant may occupy the Master Lease), beyond any applicable notice and cure period set forth, including but not limited toResidence, the full Security Deposit and first month's Rent indicated above must have been received by Landlord. The Security Deposit is not part of Rent and consequently cannot be deducted from the final month’s Rent due hereunder. The provisions relating to the payment Security Deposit are for the protection of RentLandlord, and are in addition to and not in limitation of Landlord’s other remedies set forth in this Lease or at law, it being understood that Tenant is completely responsible for Rent for the removal entire Lease Term and for any and all damages to the Residence or otherwise, all as provided herein, and that the Security Deposit may be set off against the total claims of property Landlord and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part constitute Landlord’s exclusive remedy. Further, Landlord can retain as much of the Security Deposit as is necessary to return the Residence to its original state when occupancy began, ordinary wear and tear excepted, in accordance with § 410 of the South Carolina Residential Landlord and Tenant Act, S.C. Code §27-­‐40-­‐10, et seq. Upon Tenant’s surrendering possession of the Residence upon the termination or expiration of this Lease, Tenant and Landlord shall jointly inspect the Residence and complete the Move-­‐Out Inspection portion of the Inspection Report, listing any damage done to the Residence during the Lease Term which is the basis for any charge against the Security Deposit, and the estimated dollar value of such damage. Landlord shall provide to Tenant, either prior to move-­‐out inspection or at the time of move-­‐out inspection, an itemized list of anticipated costs for damage repair and work related to making the Residence ready for new occupancy. Tenant acknowledges that the extent of any necessary repairs or work may vary within reason and such variations could increase or reduce the final cost of damages or work billed to Tenant’s Security Deposit. Tenant agrees to leave all power, water and gas (if applicable) on until the Termination Date, and the cost of having such utilities turned on to perform the inspection shall be borne by Tenant. Landlord and Tenant shall sign the Inspection Report; however, if Tenant refuses to sign the Inspection Report, Tenant must state specifically in writing the items on the Inspection Report to which Tenant dissents and shall sign the statement of dissent and deliver the same to Landlord in person or via certified United States Postal Service. Landlord shall deduct from the Security Deposit sums sufficient to compensate Landlord for the payment following items prior to returning the Security Deposit or any portion thereof to Tenant: (i) any failure to comply with the move-­‐out procedures (outlined in Paragraph 7 the “Move-­‐Out Procedures”), (ii) any damages to the Residence in excess of normal wear and tear, (iii) any damages to the Residence due to the negligence, carelessness, accident or abuse of Tenant, (iv) any unpaid sums due to Landlord under the terms of this Lease, including without limitation, Rent, late charges, utilities, returned or dishonored check charges, unpaid damage claims, pet fines, key replacement charges, charges for removing, packing and storing abandoned, seized or lawfully removed property, court costs and any actual damages caused by any breach of this Lease by Tenant, and (v) any noncompliance by Tenant with § 510 of the South Carolina Residential Landlord and Tenant Act. After deduction of the items specified in the immediately preceding sentence, the balance of the Security Deposit, if any, together with a written, itemized accounting of deductions shall be mailed by first class mail to Tenant no later than thirty (30) days after the termination of this Lease or the surrender and acceptance of the Residence, whichever occurs later. Tenant shall notify Landlord in writing at the time of move-­‐out inspection of Tenant’s forwarding address in order to enable Landlord to return the statement required with respect to the Security Deposit and any appropriate return of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore portion of the Security Deposit to its original amountTenant. Any alterations or improvements approved by Landlord or Sublandlord with In the condition event that such items be removed at Tenant is comprised of more than one individual, the time of termination or expiration refund of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, each resident equally without regard to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. which Tenant shall not be entitled to any interest on paid the Security Deposit and Sublandlord without regard to which Tenant’s conduct resulted in any deductions there from. Refunds shall have be mailed to each Tenant at the right forwarding address given to commingle Landlord. If Tenant has not supplied Landlord with the correct forwarding address, Tenant shall pay all costs incurred by Landlord in reissuing the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Deposit.

Appears in 1 contract

Sources: Rental Agreement

Security Deposit. Concurrent Tenant agrees to deposit with Subtenant’s Landlord upon execution of this SubleaseLease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount as stated in the Terms of SubleaseBasic Lease Information (the "SECURITY DEPOSIT"), which sum shall be held and owned by Landlord, without obligation to pay interest, as security for the faithful performance by Subtenant of all of its Tenant's covenants and obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect The Security Deposit is not an advance rental deposit or a measure of damages incurred by Landlord in case of Tenant's default. Upon the occurrence of any event of default by Tenant, Landlord may from time to time, without prejudice to any provisions other remedy provided herein or by law, use such fund as a credit to the extent necessary to credit against any arrears of this Sublease (including Rent or other payments due to Landlord hereunder, and any obligations under the Master Lease)other damage, beyond any applicable notice injury, expense or liability caused by such event of default, and cure period set forthTenant shall pay to Landlord, including but not limited toon demand, the provisions relating amount so applied in order to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall be promptly returned by Landlord to SubtenantTenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled to Landlord's reasonable satisfaction, reduced by such amounts as may be required by Landlord (i) to remedy defaults on the part of Tenant in the payment of Rent or at Sublandlord’s optionother obligations of Tenant under this Lease, (ii) to repair damage to the last assignee of Premises, Building or Project caused by Tenant or any Tenant’s interest hereunder's Parties, within sixty and (60iii) days following to clean the expiration of Premises to the Sublease Termextent Tenant fails to comply with Paragraph 36 hereof. Tenant shall not be entitled to any interest on the Security Deposit Landlord may use and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other fundsfunds of Landlord. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code Code, and all other provisions of lawany Regulations, now or hereafter hereinafter in effectforce, which (i) establish restricts the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide amount or types of claim that a landlord may claim from make upon a security deposit only those sums reasonably necessary or imposes upon a landlord (or its successors) any obligation with respect to remedy defaults in the payment handling or return of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)security deposits.

Appears in 1 contract

Sources: Annual Report

Security Deposit. Concurrent with Subtenant’s Upon Tenant's execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Subleasedeliver to Landlord, as security a Security Deposit for the faithful performance by Subtenant of all Tenant of its obligations under this Sublease and Lease, the Master Leaseamount specified in the Basic Lease Information. If Subtenant Defaults Tenant is in default, Landlord may, but without obligation to do so, use the Security Deposit, or any portion thereof, to cure the default or to compensate Landlord for all damages sustained by Landlord resulting from Tenant's default. Tenant shall, immediately on demand, pay to Landlord a sum equal to the portion of the Security Deposit so applied or used so as to replenish the amount of the Security Deposit held to increase such deposit to the amount initially deposited with respect Landlord. At any time after Tenant has defaulted hereunder, Landlord may require an increase in the amount of the Security Deposit required hereunder for the then balance of the Lease Term and Tenant shall, immediately on demand, pay to any provisions Landlord additional sums in the amount of such increase. As soon as practicable after the termination of this Sublease (including any obligations under Lease, Landlord shall return the Master Lease)Security Deposit to Tenant, beyond any applicable notice and cure period set forthless such amounts as are reasonably necessary, including but not limited toas determined solely by Landlord, to remedy Tenant's default(s) hereunder or to otherwise restore the provisions relating Premises to the payment condition in which Tenant is required to surrender the same, reasonable wear and tear excepted. If the cost to restore the Premises exceeds the amount of Rentthe Security Deposit, the removal Tenant shall promptly deliver to Landlord any and all of property and the repair of damage, Sublandlord may, without notice to Subtenant, but such excess sums as reasonably determined by Landlord. Landlord shall not be required to apply all or any part of keep the Security Deposit for the payment of any Rent or any separate from other sum in Default and Subtenant shallfunds, upon demand thereforand, restore the Security Deposit to its original amount. Any alterations or improvements approved unless otherwise required by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenantlaw, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord Deposit. In no event or circumstance shall Tenant have the right to commingle any use of the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives and, specifically, Tenant may not use the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which Security Deposit as a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant credit or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for otherwise offset any loss or damage caused by Subtenant’s Default under this Subleasepayments required hereunder, including, but not limited to, all damages Rent or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)any portion thereof.

Appears in 1 contract

Sources: Lease Agreement (Ditech Corp)

Security Deposit. Concurrent with Subtenant’s execution of this SubleaseOn or before March 20, Subtenant 1992, Tenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) , which Landlord shall deposit in the amount stated its name in the Terms a Bank of Sublease, Boston Client Group Account (money market account). Said deposit shall be held by Landlord as security for the faithful performance by Subtenant Tenant of all the terms of its obligations under this Sublease Lease by said Tenant to be observed and performed. The security deposit shall not be mortgaged, assigned transferred or encumbered by Tenant without the Master Leasewritten consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. If Subtenant Defaults with respect the Fixed Rent or Additional Rent payable hereunder shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this Lease, then Landlord may, at its option and without prejudice to any provisions other remedy which Landlord may have on account thereof, appropriate and apply said entire deposit or so much thereof as may be necessary to compensate Landlord toward the payment of this Sublease (including Fixed Rent, Additional Rent or other sums or loss or damage sustained by Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all of said terms and promptly pay all of the rentals as they fall due and all other sums payable by Tenant to Landlord, said deposit and any obligations under interest earned thereon shall be returned in full to Tenant at the Master Lease)end of the term. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating all securities shall be deemed to be applied first to the payment of Rentrent and other charges due Landlord for all periods prior to the filing of such proceedings. If on or before March 20, the removal 1992, Tenant delivers to Landlord a certification by an executive officer of property and the repair JWP, Inc. that Tenant has a net worth of damageat least $25,000,000, Sublandlord may, without notice to Subtenant, but Tenant shall not be required to apply all or any part of deposit with Landlord the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Deposit.

Appears in 1 contract

Sources: Lease (Entex Information Services Inc)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant Tenant shall deposit with Sublandlord Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit (the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount stated set forth in the Terms Basic Lease Provisions of Subleasethis Lease, which Security Deposit shall be in the form of cash. Notwithstanding anything to the contrary contained in the preceding sentence, Landlord acknowledges that Landlord is holding a security deposit under the Prior Lease in the amount of $95,000 and that, at Tenant’s request, such amount shall be applied toward the amount of the Security Deposit required to be deposited by Tenant with Landlord under this Lease. The Security Deposit shall be held by Landlord in a separate account and Tenant shall be entitled to any interest earned on the Security Deposit. The Security Deposit shall be held by Landlord as security for the faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions The Security Deposit is not an advance rental deposit or a measure of this Sublease Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (including any obligations under the Master Leaseas defined in Section 20), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply Landlord may use all or any part of the Security Deposit for to pay delinquent payments due under this Lease, and the payment cost of any Rent damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any other sum in Default and Subtenant shallportion of the Security Deposit, upon Tenant shall pay Landlord on demand therefor, the amount that will restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time amount set forth on Page 1 of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termthis Lease. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rentRent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenantthe act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its original amount. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant (or, at Landlord’s Default under this Subleaseoption, including, but not limited to, all damages to the last assignee of Tenant’s interest hereunder) within 60 days after the expiration or rent due upon earlier termination of this Sublease pursuant Lease. If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section 1951.2 6, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the California Civil Code (as such provision may be amended Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or modified)a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.

Appears in 1 contract

Sources: Lease Agreement (Amylin Pharmaceuticals Inc)

Security Deposit. Concurrent Tenant has deposited with Subtenant’s execution of this Sublease, Subtenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article 1 as the "Security Deposit”) in the amount stated in the Terms of Sublease, " as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused by Tenant; (iii) to clean and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2; and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restrictions on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent", Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to segregate it from its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Termgeneral accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, California Civil Code Section 1950.7 to the contrary) a period of sixty days following a surrender of the Leased Premises by Tenant to Landlord within which to restore the Security Deposit (iless permitted deductions) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premisesTenant, it being agreed between Landlord and Tenant that Sublandlord maysixty days is a reasonable period of time within which to inspect the Leased Premises, in additionmake required repairs, claim those sums specified in this Article 13 above and/or those sums reasonably necessary receive and verify workmen's ▇▇▇▇▇▇▇▇ therefore, and prepare a final accounting with respect to compensate Sublandlord such deposit. In no event shall the Security Deposit, or Landlord for any loss or damage caused by Subtenant’s Default under this Subleaseportion thereof, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Industrial Space Lease (Upgrade International Corp /Fl/)

Security Deposit. Concurrent with Subtenant’s Upon Tenant's execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount stated in the Terms of Subleasedeliver to Landlord, as security a Security Deposit for the faithful performance by Subtenant of all Tenant of its obligations under this Sublease and Lease, the Master Leaseamount specified in the Basic Lease Information. If Subtenant Defaults with respect Tenant is in default, Landlord may, but without obligation to do so, use the Security Deposit, or any provisions of this Sublease (including any obligations under portion thereof, to cure the Master Lease)default or to compensate Landlord for all damages sustained by Landlord resulting from Tenant's default, beyond any applicable notice and cure period set forthincluding, including but not limited to, the provisions relating to the payment Enforcement Expenses. Tenant shall, immediately on demand, pay to Landlord a sum equal to the portion of Rentthe Security Deposit so applied or used so as to replenish the amount of the Security Deposit held to increase such deposit to the amount initially deposited with Landlord. As soon as practicable after the termination of this Lease, Landlord shall return the removal Security Deposit to Tenant, less such amounts as are reasonably necessary, as determined reasonably by Landlord, to remedy Tenant's default(s) hereunder or to otherwise restore the Premises to the condition in which Tenant is required to surrender the Premises hereunder, reasonable wear and tear excepted. If the cost to restore the Premises exceeds the amount of property the Security Deposit, Tenant shall promptly deliver to Landlord any and the repair all of damage, Sublandlord may, without notice to Subtenant, but such excess sums as reasonably determined by Landlord. Landlord shall not be required to apply all or any part of keep the Security Deposit for the payment of any Rent or any separate from other sum in Default and Subtenant shallfunds, upon demand thereforand, restore the Security Deposit to its original amount. Any alterations or improvements approved unless otherwise required by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenantlaw, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord Deposit. In no event or circumstance shall Tenant have the right to commingle any use of the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives and, specifically, Tenant may not use the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which Security Deposit as a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant credit or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for otherwise offset any loss or damage caused by Subtenant’s Default under this Subleasepayments required hereunder, including, but not limited to, all damages Rent or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)any portion thereof.

Appears in 1 contract

Sources: Lease Agreement (Pri Automation Inc)

Security Deposit. Concurrent with Subtenant’s The Security Deposit shall be delivered to Landlord upon the execution of this Sublease, Subtenant Lease and shall deposit with Sublandlord a security deposit be held by Landlord without liability for interest (the “Security Deposit”except as required by law) in the amount stated in the Terms of Sublease, and as security for the faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but The Security Deposit shall not be required considered an advance payment of Rent or a measure of Tenant's liability for damages. Landlord may, from time to apply time, without prejudice to any other remedy, use all or any part a portion of the Security Deposit for to make good any arrearages of Rent, to repair damages to the payment Premises caused by Tenant, to clean the Premises upon termination of any Rent this Lease or otherwise to satisfy any other sum covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in Default and Subtenant shall, upon demand therefor, order to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed If Tenant is not in default at the time termination of termination or expiration of this Lease, after Tenant surrenders the Sublease must be removed by Subtenant; Subtenant agrees that Premises to Landlord in accordance with this Lease and all amounts due Landlord from Tenant are finally determined and paid, the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion balance of the Security Deposit remaining after any such application shall be returned to SubtenantTenant. If Landlord transfers its interest in the Premises during the Lease Term, or at Sublandlord’s option, Landlord may assign the Security Deposit to the last transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee of Tenant’s interest hereunder, within sixty (60) days following for the expiration return of the Sublease TermSecurity Deposit. Tenant Landlord and its successors and assigns shall not be entitled to bound by any interest on actual or attempted assignment or encumbrance of the Security Deposit by Tenant, provided, however, if Tenant's interest in this Lease has been assigned, Landlord may, at its option, and Sublandlord shall have provided the right to commingle assignee provides Landlord with written evidence of such assignment, return the Security Deposit to such assignee, provided further that the assignee has complied with Sublandlord’s the other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination terms of this Sublease pursuant paragraph. If Landlord elects to Section 1951.2 of return the California Civil Code (Security Deposit to Tenant's assignee as such provision may aforesaid, Landlord will have no further obligation to the original tenant with respect thereto. Landlord shall not be amended or modified)required to keep the Security Deposit separate from its other accounts.

Appears in 1 contract

Sources: Office Lease (Tenera Inc)

Security Deposit. Concurrent with Subtenant’s execution of this SubleaseLicensee shall pay «Monthly_Rent» (an amount not to exceed one month's License Fee) on or before «Start_Date» to be held by the University during the term hereof, Subtenant shall deposit with Sublandlord or any extension or renewal, as a security deposit (pursuant to the “Security Deposit”) in terms hereof; it being understood that THIS DEPOSIT IS NOT TO BE CONSIDERED AS A PREPAID LICENSE FEE, nor shall any damages be limited to the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amountsecurity deposit. Any alterations or improvements approved by Landlord or Sublandlord The University shall furnish Licensee with the condition that such items be removed a separate receipt at the time of receiving the Security Deposit, or any partial payment thereof. The University acknowledges that, subject to damages prescribed by law, it shall, within thirty (30) days after the termination or expiration of the Sublease must be removed License or upon Licensee's vacating the premises completely together with all of Licensee's goods and possessions, whichever shall last occur, return the security deposit or any balance thereof, and any interest thereon, if due, after deducting (1) Any unpaid License fees; (2) A reasonable amount necessary to repair any damage caused to the Premises by Subtenant; Subtenant agrees that Licensee or any person under Licensee's control or on the cost Premises with Licensee's consent, reasonable wear and tear excluded, but failure to clean included. In the case of such removal damage, the University shall provide the Licensee, within thirty (30) days, with an itemized list of damages, sworn to by the University or its agent under pains and repair will penalties of perjury, itemizing in precise detail the nature of the damages and of the repairs necessary to correct it, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual estimated costs thereof. The University shall submit to Licensee a separate written statement of the present condition of the Premises. If the Licensee disagrees with the University's statement of condition, Licensee must attach a separate list of any damage existing in the Premises and return the statement to the University. No amount shall be deducted from the Security Deposit security deposit for any damage which was listed in the statement of condition or in any separate list submitted by Licensee and may include repairs approved by the University or the University's agent, unless the University subsequently repaired or caused to be repaired said damage and can prove that the renewed damage was unrelated to the Common Areas due to changes or prior damage and was caused by Subtenantthe Licensee or by any person under the Licensee's control or on the Premises with Licensee's consent. Any unapplied portion of If the Security Deposit University transfers the Premises, the University shall be returned to Subtenanttransfer the security deposit or any balance thereof, or at Sublandlord’s optionand any accrued interest, to the last assignee University's successor in interest for the benefit of Tenant’s interest hereunderLicensee. If the security deposit is held for one year or longer from the commencement of Licensee's occupancy, within sixty (60) days following the expiration of the Sublease Term. Tenant Licensee shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 amount of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a leaseat the rate of two percent (2%) per year, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in payable at the payment end of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination each year of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Licensee's occupancy.

Appears in 1 contract

Sources: Student Occupancy License

Security Deposit. Concurrent Concurrently with Subtenant▇▇▇▇▇▇’s execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord Landlord a security deposit (the “Security Deposit”) in the amount stated set forth in the Terms of Sublease, as security Section 1.7 above for the faithful performance by Subtenant of all of its Tenant’s obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect Upon expiration of the Term, as long as Tenant is not in default under this Lease, Landlord shall return the Security Deposit to Tenant, after deducting the amounts needed to make good any provisions of this Sublease (including any obligations under default by Tenant. Landlord shall have the Master Lease)right, beyond any applicable notice and cure period set forth, including but not limited tothe obligation, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all or any part portion of the Security Deposit for the payment of to cure any Rent or Tenant default at any other sum time, in Default and Subtenant shall, upon demand therefor, which case Tenant shall be obligated to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, amount within sixty ten (6010) days following the expiration of the Sublease Termbusiness days. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of any law, now or hereafter in effectforce, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord provides that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant Tenant or to clean the premisesPremises, it being agreed that Sublandlord Landlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any other loss or damage damage, foreseeable or unforeseeable, caused by Subtenant’s Default the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Landlord shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Unless otherwise expressly agreed in writing by ▇▇▇▇▇▇▇▇, 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 Tenant under this Sublease, including, but not limited toLease. If Landlord keeps the Security Deposit in an interest bearing account, all damages or rent due upon termination interest shall accrue for the benefit of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Landlord.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Concurrent Tena▇▇ ▇▇▇ees to deposit with Subtenant’s Landlord upon execution of this SubleaseLease, Subtenant shall deposit with Sublandlord a security deposit (the “Security Deposit”) in the amount Deposit as stated in the Terms of SubleaseBasic Lease Information, which sum shall be held by Landlord, without obligation for interest, as security for the faithful performance by Subtenant of all of its Tenant's covenants and obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions The Security Deposit is not an advance rental deposit or a measure of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but damages incurred by Landlord in case of Tena▇▇'▇ ▇efault. Landlord is not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply keep all or any part of the Security Deposit for separate from its general accounts. Upon the payment occurrence of any Event of Default by Tenant, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrears of Rent or other payments due to Landlord hereunder, and any other sum damage, injury, expense or liability caused by such Event of Default, and Tenant shall pay to Landlord, on demand, the amount so applied in Default and Subtenant shall, upon demand therefor, order to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of Although the Security Deposit shall be deemed the property of Landlord, any remaining balance of such deposit shall be returned by Landlord to SubtenantTenant at such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled. Landlord may use and commingle the Security Deposit with other funds of Landlord. On the Acquisition Date (as defined in Section 37H of this Lease), as collateral for the full and faithful performance by Tenant of all of its obligations under this Lease and for all losses and damages Landlord may suffer as result of any default by Tenant under this Lease, Tenant shall deliver to Landlord an unconditional irrevocable negotiable Letter of Credit in the amount of $550,000.00 meeting the requirements of this paragraph (the "Letter of Credit"). The Letter of Credit shall (a) designate Landlord or at Sublandlord’s optionits assignees as beneficiary, (b) be issued by a financial institution approved by Landlord, (c) subject to the last assignee remaining provisions hereof, remain in full force and effect during the entire term of Tenant’s interest hereunderthis Lease and any extension or holdover period, within plus an additional period of three (3) months, and (d) be in form satisfactory to Landlord. The Letter of Credit may be for an initial term of fifteen (15) months so long as it provides that Landlord may immediately draw the full amount of the Letter of Credit if the issuer does not give Landlord written notice of renewal for additional successive periods of twelve (12) months at least sixty (60) days following prior to the expiration date. Landlord is authorized to draw on the Letter of Credit from time to time in the event that (i) Landlord advises the issuer of the Sublease TermLetter of Credit that there is an Event of Default by Tenant under this Lease, or (ii) the issuer gives Landlord notice that the Letter of Credit will be terminated or will expire prior to the initial term of fifteen (15) months, or (iii) the issuer does not give Landlord a written notice of renewal of the term of the Letter of Credit as required by the preceding sentence. In the event Landlord shall draw on the Letter of Credit in the circumstances described in clause (i) of this paragraph, Landlord shall be permitted to draw an amount necessary in Landlord's good faith estimation to fully cure any such Event of Default, including any damage, injury, expense or liability caused or projected to be caused by such Event of Default, and Tenant shall, on demand from Landlord, increase the Letter of Credit up to its full original amount. In the event Landlord shall draw on the Letter of Credit in the circumstances described in clause (ii) and (iii) of this paragraph, Landlord shall be permitted to draw the entire amount of the Letter of Credit, in which case such sum shall be held by Landlord as an additional Security Deposit and administered as such. Landlord may draw on the Letter of Credit regardless of whether or not Tenant disputes that an Event of Default has occurred and regardless of any other disputes or claims between the parties. Landlord shall not be entitled required to deliver any certifications or documentation of any kind to the issuer 12 in order to make a draw, other than Land▇▇▇▇'▇ ▇ritten demand certifying that an Event of Default has occurred. The issuer shall not be required to conduct any inquiry or investigation before paying Landlord the requested amount of the draw. Landlord may assign, transfer or pledge the Letter of Credit to any interest on the Security Deposit and Sublandlord shall have the right to commingle the Security Deposit lender or purchaser in connection with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 any financing or sale of the California Civil Code Premises. The amount of the Letter of Credit shall be increased by $100,000 on each thirty (30) day anniversary of the Acquisition Date until the total outstanding amount of the Letter of Credit is $1,000,000. (For example: If the Acquisition Date is December 1, 1999, the Letter of Credit would be increased by $100,000 on each January 1, February 1, March 1 and all other provisions April 1, and by $50,000 on May 1). Provided that at no time during the initial thirty-six (36) months of lawthe Lease Term Tenant has been in material default under this Lease beyond any applicable cure period, now or hereafter Landlord shall authorize and consent to a reduction by $125,000 of the then required amount of the Letter of Credit as of the thirty-seventh (37th) month of the Lease Term. Provided that at no time during the initial forty-eight (48) months of the Lease Term Tenant has been in effectdefault under this Lease beyond any applicable cure period, which Landlord shall authorize and consent to a reduction by $125,000 of the then required amount of the Letter of Credit as of the forty-ninth (49th) month of the Lease Term. Provided that at no time during the initial sixty (60) months of the Lease Term Tenant has been in material default under this Lease beyond any applicable cure period, Landlord shall authorize and consent to a reduction by $150,000 of the then required amount of the Letter of Credit as of the sixty-first (61st) month of the Lease Term. Prior to the commencement of any of Tenant's Work, and as a condition to Tena▇▇'▇ ▇ight to Early Possession and to commence Tenant's Work, Tenant shall provide Landlord with proof of Tenant's financial ability to complete and pay fully the cost of the Tenant's Work. Such proof shall consist of (i) establish an unconditional guaranty to Landlord from Tenant's third party lender (acceptable to Landlord), in the time frame by which a landlord must refund a security deposit form acceptable to Landlord, that such lender shall pay as and when due all of Tenant's monetary obligations under a leasethis Lease with respect to the performance of Tenant's Work, and/or or (ii) provide that a landlord may claim payment and completion bonds, in form and from a security issuers reasonably acceptable to Landlord, bonding the full lien-free completion of all of Tenant's Work, or (iii) Tenant's deposit only those into an escrow, with instructions for disbursement thereof which are acceptable to Landlord, of all sums reasonably necessary estimated to remedy defaults be payable by Tenant to fulfill its monetary obligations under this Lease with respect to the performance of Tenant's Work, or (iv) Tenant maintaining until lien-free completion of Tenant's Work a minimum unrestricted cash balance of immediately payable funds in the payment sum of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due $13,000,000. Upon Land▇▇▇▇'▇ acceptance of Tena▇▇'▇ ▇roof of financial ability as set forth herein and upon termination of this Sublease pursuant to Section 1951.2 commencement of the California Civil Code construction of the Tenant Improvements. Landlord shall authorize and consent to the reduction of the Letter of Credit to a total sum of $400,000. If, upon lien-free completion of the Tenant's Work, (A) Tenant's third party lender (acceptable to Landlord) agrees irrevocably and unconditionally in writing for the benefit of Landlord to either (i) in case of an Event of default under the Lease, release its lien or other security interest in all of Tenant's equipment which is listed on Exhibit B-3 hereto or (ii) perform (as such provision may be amended or modified)guarantor) all of Tenant's obligations under the Lease throughout the remaining Term of the Lease and (B) the total sum actually expended for Tenant's Work, including the Tenant Improvement Allowance, was not less than $75.00 per rentable square foot of the Premises, then Landlord shall authorize and consent to cancellation of the Letter of Credit.

Appears in 1 contract

Sources: Lease Agreement (Virologic Inc)

Security Deposit. Concurrent Tenant has deposited or shall deposit concurrently with Subtenant’s Tenant's execution of this SubleaseLease, Subtenant shall deposit with Sublandlord a Landlord the amount set forth in Article 1 as the "Security Deposit" (LESS any unapplied security deposit (held by Landlord under the Original Lease, which shall be applied to the amount of the Security Deposit) in the amount stated in the Terms of Sublease, as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease (including any obligations under Lease to be performed by Tenant, and not as prepayment of rent. Tenant hereby grants to Landlord a security interest in the Master Lease), beyond any applicable notice and cure period set forthSecurity Deposit, including but not limited to, to replenishments thereof. Landlord may apply such portion or portions of the provisions relating Security Deposit as are reasonably necessary for the following purposes: (i) to remedy any default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused or permitted to occur by Tenant; (iii) to clean and restore and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2, and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original sum. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent," Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted segregate it from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease TermLandlord's general accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may Section 1950.7 to the contrary) a period of ninety days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen's ▇▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Lease Agreement (Digital Microwave Corp /De/)

Security Deposit. Concurrent Tenant shall pay the Security Deposit to Landlord on the date this Lease is executed by Tenant. Landlord may commingle the Security Deposit with Subtenant’s execution of this Subleaseits other funds and shall receive and hold the Security Deposit without liability for interest, Subtenant it being expressly understood that Landlord shall have no obligation to deposit with Sublandlord a security deposit (the Security Deposit”) Deposit in the amount stated in the Terms of Subleasean interest-bearing account. Upon default by Tenant, as security for the faithful performance by Subtenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect Landlord may, from time to time, without prejudice to any provisions of this Sublease (including any obligations under the Master Lease)other remedy, beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating apply such Security Deposit to the payment extent necessary to make good any arrears of Rent, the removal of property and the repair of rental or any other damage, Sublandlord mayinjury, without notice expense or liability caused to Subtenant, but shall not be required to apply all or Landlord by reason of default by the Tenant. After any part such application of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant Deposit, Tenant shall, upon demand thereforrequest of Landlord, pay to Landlord the amount so applied so as to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion remaining balance of the Security Deposit shall be returned by Landlord to SubtenantTenant within a reasonable period of time after the termination of this Lease; provided that should the lease have been terminated not as a result of the default of Tenant or rejection of the Lease in bankruptcy, or at Sublandlord’s optionLandlord shall use good faith effort to determine the amount owed by Tenant, to the last assignee of Tenant’s interest hereunderif any, within sixty (60) the 90 days following next after the expiration termination of the Sublease Termlease. Tenant The Security Deposit shall not be entitled to any interest on considered an advance payment of rental or measure of Landlord’s damages in case of a default by Tenant. In the event the Security Deposit is in the form of a Letter of Credit, upon default by Tenant, Landlord may draw, at its sole election, upon the Letter of Credit in whole or in part, and, if such draw is in the whole amount of the Letter of Credit and Sublandlord Landlord elects, in its sole discretion to use the Letter of Credit proceeds to cure such default rather than terminate this Lease, without waiving any rights of Landlord hereunder, then the balance, if any of the proceeds of the Letter of Credit after such default is cured, if this Lease is not terminated by Landlord, shall have the right be thereafter held by Landlord as a cash Security Deposit subject to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the restoration provisions of Section 1950.7 of the California Civil Code this Section, and thereafter all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default Security Deposit requirements under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease Lease shall be deemed to require cash. [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified).a request for confidential treatment. - 19 -

Appears in 1 contract

Sources: Office Lease Agreement

Security Deposit. Concurrent with Subtenant’s Upon Tenant's execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord deliver to Landlord, as a security deposit (Security Deposit for the performance by Tenant of its obligation under this Lease, the amount specified in the Basic Lease Information. If Tenant is in default, Landlord may, but without obligation to do so, use the Security Deposit”) , or any portion thereof, to cure the default or to compensate Landlord for all damages sustained by Landlord resulting from Tenant's default, including, but not limited to the Enforcement Expenses. Tenant shall immediately on demand, pay to Landlord a sum equal to the portion of the Security Deposit so applied or used so as to replenish the amount of the Security Deposit held to increase such deposit to the amount initially deposited with Landlord. At any time after Tenant has defaulted hereunder, Landlord may require an increase in the amount stated of the Security Deposit required hereunder for the then balance of the Lease Term and Tenant shall, immediately on demand, pay to Landlord additional sums in the Terms amount of Subleasesuch increase. As soon as practicable after the termination of this Lease, Landlord shall return the Security Deposit to Tenant, less such amounts as are reasonably necessary, as security for determined solely by Landlord, to remedy Tenant's default(s) hereunder or to otherwise restore the faithful performance by Subtenant Premises to a clean and safe condition, reasonable wear and tear expected. If the cost to restore the Premises exceeds the amount of the Security Deposit, Tenant shall promptly deliver to Landlord any and all of its obligations under this Sublease and the Master Leasesuch excess sums as reasonably determined by Landlord. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Landlord shall not be required to apply all or any part of keep the Security Deposit for the payment of any Rent or any separate from other sum in Default and Subtenant shallfunds, upon demand thereforand, restore the Security Deposit to its original amount. Any alterations or improvements approved unless otherwise required by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenantlaw, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord Deposit. In no event or circumstance shall Tenant have the right to commingle any use of the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives and, specifically, Tenant may not use the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which Security Deposit as a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant credit or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for otherwise offset any loss or damage caused by Subtenant’s Default under this Subleasepayments required hereunder, including, but not limited to, all damages Rent or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)any portion thereof.

Appears in 1 contract

Sources: Lease Agreement (Infiniti Solutions LTD)

Security Deposit. Concurrent Concurrently with SubtenantTenant’s execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord Landlord a security deposit (the “Security Deposit”) in the amount stated set forth in Section 8 of the Terms of SubleaseSummary, as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults Tenant defaults (beyond any applicable notice and cure period expressly set forth in this Lease) with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forthincluding, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of resultant damage, Sublandlord Landlord may, without notice to SubtenantTenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default default and Subtenant Tenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to SubtenantTenant, or or, at SublandlordLandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty thirty (6030) days following the expiration of the Sublease Lease Term. Tenant shall not be entitled to any interest on the Security Deposit Deposit. Tenant hereby irrevocably waives and Sublandlord shall have relinquishes any and all rights, benefits, or protections, if any, Tenant now has, or in the right to commingle the Security Deposit with Sublandlord’s other funds. Subtenant hereby waives the provisions of future may have, under Section 1950.7 of the California Civil Code Code, any successor statute, and all other provisions of law, now or hereafter in effect, including, but not limited to, any provision of law which (i) establish establishes the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide provides that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the subject premises, it being agreed . Tenant acknowledges and agrees that Sublandlord may, in addition, claim those sums specified (a) any statutory time frames for the return of a security deposit are superseded by the express period identified in this Article 13 above and/or those 21, above, and (b) rather than be so limited, Landlord may claim from the Security Deposit (1) any and all sums expressly identified in this Article 21, above, and (2) any additional sums reasonably necessary to compensate Sublandlord or Landlord for any loss and all losses or damage damages caused by SubtenantTenant’s Default under default of this SubleaseLease, including, but not limited to, all damages or rent due upon termination of this Sublease Lease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Code.

Appears in 1 contract

Sources: Lease (BioAtla, Inc.)

Security Deposit. Concurrent with Subtenant’s execution Subject to the provisions of the next paragraph of this SubleaseSection 4.3, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the “Security Deposit”) in the amount sum stated in Item 9 of the Terms of SubleaseBasic Lease Provisions, to be held by Landlord as security for the full and faithful performance by Subtenant of all of its Tenant's obligations under this Sublease and Lease (the Master Lease"SECURITY DEPOSIT"). If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. Subject to the last sentence of this Section, the Security Deposit shall be understood and agreed to be the property of Landlord upon Landlord's receipt thereof, and may be utilized by Landlord in its sole and absolute discretion towards the payment of all expenses by Landlord for which Tenant would be required to reimburse Landlord under this Lease, including without limitation brokerage commissions and Tenant Improvement costs. Upon any Event of Default by Tenant (as defined in Section 14.1), Landlord may, in its sole and absolute discretion, retain, use or apply all the whole or any part of the Security Deposit for to pay any sum which Tenant is obligated to pay under this Lease, sums that Landlord may expend or be required to expend by reason of the payment Event of Default by Tenant or any Rent loss or damage that Landlord may suffer by reason of the Event of Default or costs incurred by Landlord in connection with the repair or restoration of the Premises pursuant to Section 15.3 of this Lease upon expiration or earlier termination of this Lease. In no event shall Landlord be obligated to apply the Security Deposit upon an Event of Default and Landlord's rights and remedies resulting from an Event of Default, including without limitation, Tenant's failure to pay Basic Rent, Tenant's Share of Operating Expenses or any other sum amount due to Landlord pursuant to this Lease, shall not be diminished or altered in Default and Subtenant shallany respect due to the fact that Landlord is holding the Security Deposit. If any portion of the Security Deposit is applied by Landlord as permitted by this Section, upon Tenant shall within five (5) days after written demand therefor, by Landlord deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of If Tenant fully performs its obligations under this Lease, the Security Deposit shall be returned to SubtenantTenant (or, or at Sublandlord’s Landlord's option, to the last assignee of Tenant’s 's interest hereunder, in this Lease) within sixty thirty (6030) days following after the expiration of the Sublease Term. , provided that Tenant shall not be entitled to any interest on agrees that Landlord may retain the Security Deposit to the extent and Sublandlord until such time as all amounts due from Tenant in accordance with this Lease have been determined and paid in full and Tenant agrees that Tenant shall have the right to commingle the no claim against Landlord for Landlord's retaining such Security Deposit with Sublandlord’s other funds. Subtenant hereby waives to the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified extent provided in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Section.

Appears in 1 contract

Sources: Lease Agreement (Endwave Corp)

Security Deposit. Concurrent with Subtenant’s execution of this Sublease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) Deposit in the amount stated in the Terms of Sublease, $226,833.00 as security for the full and faithful performance by Subtenant of all each and every term, covenant and condition of its obligations under this Sublease Lease. $115,000.00 of said Security Deposit shall be paid with the execution of this Lease and the Master Leasebalance of $111,833.00 shall be paid by April 14, 2000. If Subtenant Defaults with respect to any provisions of this Sublease (including any obligations under Landlord may use, apply or retain the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord may, without notice to Subtenant, but shall not be required to apply all whole or any part of the Security Deposit as may be reasonably necessary (a) to remedy Tenant's default in the payment of any Rent, (b) to repair damage to the Premises caused by Tenant, (c) to clean the Premises upon termination of this Lease, (d) to reimburse Landlord for the payment of any Rent amount which Landlord may reasonably spend or be required to spend by reason of Tenant's default, or (e) to compensate Landlord for any other sum in Default loss or damage which Landlord may suffer by reason of Tenant's default. Should Tenant faithfully and Subtenant shallfully comply with all of the terms, upon demand thereforcovenants and conditions of this Lease, restore within thirty days following the expiration of the Term, the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit any balance thereof shall be returned to SubtenantTenant or, or at Sublandlord’s optionthe option of Landlord, to the last assignee of Tenant’s 's interest hereunderin this Lease. When the Security Deposit has been paid in full, within sixty (60) days following the expiration of the Sublease Term. Landlord shall deposit said Security Deposit in a savings account in a bank or savings and loan institution, and Tenant shall not will be entitled to Interest thereon at the rate paid by savings institution, payable to Tenant at the termination of the lease. If Landlord so uses or applies all or any interest on portion of said deposit, within ten (10) days after written demand therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the full extent of the above amount, and Sublandlord Tenant's failure to do so shall have the right to commingle be a default under this Lease. No part of the Security Deposit with Sublandlord’s other fundsshall be considered to be held in trust, to bear interest or another increment for its use, or to be prepayment for any moneys to be paid by Tenant under this Lease. Subtenant hereby waives In the provisions of Section 1950.7 event Landlord transfers its interest in this Lease, Landlord shall transfer the then remaining amount of the California Civil Code Security Deposit to Landlord's successor in interest, and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary thereafter Landlord shall have no further liability to remedy defaults in the payment of rent, Tenant with respect to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)Security Deposit.

Appears in 1 contract

Sources: Lease Agreement (MMC Networks Inc)

Security Deposit. Concurrent with Subtenant’s Upon Tenant's execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the amount set forth in Article I as the "Security Deposit”) in the amount stated in the Terms of Sublease, " as security for the faithful performance by Subtenant Tenant of all of its obligations under this Sublease and the Master Lease. If Subtenant Defaults with respect to any provisions terms of this Sublease Lease to be performed by Tenant, and not as prepayment of rent. Landlord may apply such portion or portions of the Security Deposit as are reasonably necessary for the following purposes: (including i) to remedy any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to default by Tenant in the payment of RentBase Monthly Rent or Additional Rent or a late charge or interest on defaulted rent, or any other monetary payment obligation of Tenant under this Lease; (ii) to repair damage to the Leased Premises, the removal Building or the Outside Areas caused or permitted to occur by Tenant; (iii)to clean and restore and repair the Leased Premises, the Building or the Outside Areas following their surrender to Landlord if not surrendered in the condition required pursuant to the provisions of property Article 2, and (iv) to remedy any other default of Tenant to the repair extent permitted by Law including, without limitation, paying in full on Tenant's behalf any sums claimed by materialmen or contractors of damageTenant to be owing to them by Tenant for work done or improvements made at Tenant's request to the Leased Premises. In this regard, Sublandlord Tenant hereby waives any restriction on the uses to which the Security Deposit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute. In the event the Security Deposit or any portion thereof is so used, Tenant shall pay to Landlord, promptly upon demand, an amount in cash sufficient to restore the Security Deposit to the full original san. If Tenant fails to promptly restore the Security Deposit and if Tenant shall have paid to Landlord any sums as "Last Month's Prepaid Rent," Landlord may, without notice in addition to Subtenantany other remedy Landlord may have under this Lease, but reduce the amount of Tenant's Last Month's Prepaid Rent by transferring all or portions of such Last Month's Prepaid Rent to Tenant's Security Deposit until such Security Deposit is restored to the amount set forth in Article 1. Landlord shall not be deemed a trustee of the Security Deposit. Landlord may use the Security Deposit in Landlord's ordinary business and shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in Default and Subtenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any alterations or improvements approved by Landlord or Sublandlord with the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted segregate it from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied portion of the Security Deposit shall be returned to Subtenant, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease TermLandlord's general accounts. Tenant shall not be entitled to any interest on the Security Deposit and Sublandlord shall have Deposit. If Landlord transfers the right to commingle Building or the Property during the Lease Term, Landlord may pay the Security Deposit to any subsequent owner in conformity with Sublandlord’s other funds. Subtenant hereby waives the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, in which event the transferring landlord shall be released from all liability for the return of the Security Deposit. Tenant specifically grants to Landlord (and all other Tenant hereby waives the provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code Section 1950.7 to the contrary) a period of ninety (as such provision may 90) days following a surrender of the Leased Premises by Tenant to Landlord within which to inspect the Leased Premises, make required restorations and repairs, receive and verify workmen's ▇▇▇▇▇▇▇▇ therefor, and prepare a final accounting with respect to the Security Deposit. In no event shall the Security Deposit or any portion thereof, be amended or modified)considered prepaid rent.

Appears in 1 contract

Sources: Lease Agreement (Polycom Inc)

Security Deposit. Concurrent with Subtenant’s Upon the execution of this SubleaseLease, Subtenant Tenant shall deposit with Sublandlord a security deposit (Landlord the Security Deposit”) Deposit described in paragraph 6 of the amount stated in the Terms of Sublease, as security for Basic Lease Provisions. The Security Deposit is made by Tenant to secure the faithful performance by Subtenant of all the terms, covenants and conditions of its obligations under this Sublease and the Master LeaseLease to be performed by Tenant. The Security Deposit is not an advance payment of Rent or a measure or limit of Landlord's damages upon an Event of Default by Tenant. If Subtenant Defaults Tenant commits an Event of Default with respect to any provisions provision of this Sublease (including any obligations under the Master Lease), beyond any applicable notice and cure period set forth, including but not limited to, the provisions relating to the payment of Rent, the removal of property and the repair of damage, Sublandlord Landlord may, without notice to Subtenant, but shall not be required to to, use, apply or retain all or any part of the Security Deposit (a) for the payment of any Rent or any other sum in Default default, (b) for the payment of any other amount which Landlord may spend or become obligated to spend by reason of such default by Tenant, and Subtenant (c) to compensate Landlord for any other loss or damages which Landlord may suffer by reason of such default by Tenant. If any portion of the Security Deposit is so used or applied, Tenant shall, upon demand therefortherefor by Landlord, deposit with Landlord cash in an amount sufficient to restore the Security Deposit to the amount required to be maintained by Tenant hereunder. Upon expiration or the sooner termination of this Lease, provided that Tenant has performed all of its original amount. Any alterations or improvements approved by obligations hereunder, Landlord or Sublandlord with shall return to Tenant the condition that such items be removed at the time of termination or expiration of the Sublease must be removed by Subtenant; Subtenant agrees that the cost of such removal and repair will be deducted from the Security Deposit and may include repairs to the Common Areas due to changes or damage caused by Subtenant. Any unapplied remaining portion of the Security Deposit no later than thirty (30) days after the date Landlord receives possession of the Premises in accordance with the provisions of this Lease. The Security Deposit may be commingled by Landlord with Landlord's other funds, and no interest shall be returned to Subtenantpaid thereon. If Landlord transfers its interest in the Premises, or at Sublandlord’s option, to the last assignee of Tenant’s interest hereunder, within sixty (60) days following the expiration of the Sublease Term. Tenant shall not be entitled to any interest on then Landlord may assign the Security Deposit to the transferee and Sublandlord thereafter Landlord shall have no further liability or obligation for the right to commingle return of the Security Deposit with Sublandlord’s other fundsDeposit. Subtenant Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of lawany Laws, whether now or hereafter in effect, or common law rule, to the contrary, which (i) establish restricts the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide amount or types of claim that a landlord may claim from make upon a security deposit only those sums reasonably necessary or imposes upon a landlord (or its successors) any obligation with respect to remedy defaults in the payment handling or return of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Sublandlord may, in addition, claim those sums specified in this Article 13 above and/or those sums reasonably necessary to compensate Sublandlord or Landlord for any loss or damage caused by Subtenant’s Default under this Sublease, including, but not limited to, all damages or rent due upon termination of this Sublease pursuant to Section 1951.2 of the California Civil Code (as such provision may be amended or modified)security deposits.

Appears in 1 contract

Sources: Office Lease (Clayton Holdings Inc)