Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 36 contracts
Sources: Annual Report, Form 10 K/A, Lease Agreement (Staar Surgical Company)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 24 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (CCC Globalcom Corp), Lease Agreement (Meade Instruments Corp), Standard Industrial/Commercial Single Tenant Lease (Vdi Media)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth Rent. Should the Agreed Use be amended to accommodate a material change in Paragraph 1.5the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on said change in financial condition. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 16 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 8 contracts
Sources: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Superior National Insurance Group Inc), Office Lease (Mission Community Bancorp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 7 contracts
Sources: Standard Office Lease (Cerplex Group Inc/De), Lease Agreement (Us Search Corp Com), Office Sublease (Equinix Inc)
Security Deposit. Lessee agrees that a security deposit in the amount of shall be paid to Lessor prior to occupancy. Said deposit shall be refunded to Lessee when Lessee surrenders said premises, subject to the conditions hereinafter set forth. Any deposits paid by Lessee for the privilege of housing a pet, with prior Lessor approval will be detailed separately on Lessee’s Pet Addendum. LESSEE IS NOT ALLOWED TO SUBSTITUTE OR APPLY THE SECURITY DEPOSIT FOR RENT OR OTHER CHARGES OWING.
2.1 Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease have seven (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (107) days after written date of occupancy to do any of the following: Make an inspection of said premises and complete and sign the Apartment Inspection Report which is provided herewith listing therein, among other things asked for, any defects or needed repairs in or about the premises. Lessee is responsible for giving notice to Lessor of any required service, or request therefore deposit monies with Lessor sufficient to restore said Security Deposit in writing a list of physical damages or defects, if any, charged to the full amount required previous tenant's security deposit.
2.2 Said premises shall be left by this LeaseLessee in a clean and undamaged condition. Any time The cost or estimate of repairing any damage to said premises which is not listed in the Base Rent increases during Apartment Inspection Report shall be deducted from the term security deposit, as will the cost of this Leaserestoring the premises to a clean and rentable condition, normal wear and tear excepted.
2.3 Subject to the provisions of Wisconsin Law, all other charges not paid currently shall also be deducted from the security deposit.
2.4 Lessee shall, upon written request from Lessorin writing and within five (5) days of surrendering said premises, deposit additional monies provide Lessor with Lessor as an addition address to which the Security Deposit so that the total amount refundable portion of the Security Deposit shall at all times bear the same proportion security deposit may be returned to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsLessee. Lessor shall, within twenty-one (21) days after Lessee surrenders said premises, return the refundable portion of said security deposit to Lessee at the expiration written address provided for such refund or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein)last known address, that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment providing therewith a written statement accounting for any monies to be paid by Lessee under this Leaseamounts withheld.
Appears in 7 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 5 contracts
Sources: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full tuft amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 4 contracts
Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor 13.1).,Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 4 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 4 contracts
Sources: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions), Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 3 contracts
Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.), Standard Office Lease (Altris Software Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $5,000.00 security deposit shall remain as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Deposit, deposit Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 3 contracts
Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in In Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 3 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Details Inc), Standard Industrial/Commercial Single Tenant Lease Net (Details Capital Corp), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $-0- as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 3 contracts
Sources: Standard Industrial Lease (Optical Access Inc), Industrial Sub Lease (Oralabs Holding Corp), Standard Industrial Lease (Unity First Acquisition Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request MULTI-TENANT -- MODIFIED NET (C)American Industrial Real Estate Association 1993 Initials:________ ________ 4 from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering Inc)
Security Deposit. The Lessee shall agrees to deposit a security deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance under the Lease and by law. Lessee acknowledges that the security deposit may not be maintained by the Lessor and may be used to pay expenses of the property owner or paid to the property owner. The Lessee agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. At the expiration of the lease term Lessor may apply the security deposit for past due rent, fees, utilities, and/or the cost of repairing damage beyond reasonable wear and tear to the Premises. Also, abandonment or vacating of the Premises by Lessee before the end of the term of the lease shall result in Lessor deducting damages he/she has incurred from the security deposit. Each Lessee shall be jointly and severally responsible for all losses incurred by Lessor occasioned by the tenancy. Lessee agrees to provide Lessor, in writing, a forwarding address upon vacating the Premises. Lessor agrees to return to the Lessee the security deposit, or whatever part has not been applied in payment of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderthe lease, or otherwise Defaults under this Lease within thirty (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (1030) days after written request therefore deposit monies with Lessor sufficient expiration of the lease or delivery of possession of the Premises to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition whichever is last to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5occur. Lessor shall not All deductions will be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed itemized in writing by Lessor, no part . Lessor may seek damages in excess of the Security Deposit shall be considered security deposit and Lessee agrees to be held in trust, to bear interest or other increment for its use, or to be prepayment reimburse Lessor for any monies rent, fees, utilities due and/or damages exceeding the security deposit. One check will be issued for the return of security deposit funds and the check will be issued to all Lessees unless there are more than three lessees, in which case the Lessees will designate one Lessee to whom the check will be paid by Lessee under this Leaseissued.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Spectratek Technologies Inc), Lease Agreement (Phoenix International Life Sciences Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, shall at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), ) that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Homestead Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Homestead Com Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorneys fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (3dshopping Com), Standard Industrial/Commercial Multi Tenant Lease (Innovacom Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.118.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the tile Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen Inc)
Security Deposit. Upon execution of this Lease, Lessee shall ---------------- deposit the amount specified in the Summary as a security deposit ("Security Deposit"), with Lessor upon Lessee's execution hereof the Lessor. The Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of shall secure Lessee's obligations under this LeaseLease to pay Rent and other monetary amounts, to maintain the Premises and repair damages thereto, to surrender the Premises to Lessor in clean condition and repair upon termination of this Lease and to discharge Lessee's other obligations hereunder. If Lessee fails to pay Base Rent or other rent or charges due perform Lessee's obligations hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lessor may, Lessor may usebut without any obligation to do so, apply or retain all or any portion of said the Security Deposit for the payment towards fulfillment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofLessee's unperformed obligations. If Lessor uses or applies all or does so apply any portion potion of said the Security Deposit, Lessee Lessee, upon demand by Lessor, shall within ten (10) days after written request therefore deposit monies with immediately pay Lessor a sufficient amount in cash to restore said the Security Deposit to the full original amount. Lessee's failure to forthwith remit to Lessor an amount required in cash sufficient to restore the Security Deposit to the original sum deposited within five (5) days after receipt of such demand shall constitute an Event of Default defined in Article 17). The Security Deposit shall be held by this LeaseLessor with liability for interest at the annual rate or five and one-half percent (5.5%) for the time such deposit is held by Lessor. Any time Lessor is entitled to commingle the Base Rent increases during security deposits with its own funds and the term Lessor is not to be deemed a trustee of fiduciary for Lessee in respect of the security deposit. Upon termination of this Lease, if Lessee shallhas then performed all of Lessee's obligations hereunder, upon written request Lessor shall return the Security Deposit to Lessee. If Lessor sells or otherwise transfers Lessor's right or interest under this Lease, Lessor may deliver the Security Deposit to the transferee, whereupon Lessor shall be released from Lessor, deposit additional monies any further liability to Lessee with Lessor as an addition respect to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 2 contracts
Sources: Office Lease (Citysearch Inc), Office Lease (Ticketmaster Online Citysearch Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $1.00 (only) as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breath of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 2 contracts
Sources: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp), Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges changes due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' ’ fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.113.1 ), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Zytec Corp /Mn/), Lease Agreement (Zytec Corp /Mn/)
Security Deposit. Upon signature of this Lease by the Lessee, the Lessee must provide the Lessor with a security deposit in the amount of Ten Thousand Dollars ($10,000.00) including G.S.T. and Q.S.T., (the “Security Deposit”). The Security Deposit is payable by certified cheque. The Lessor shall deposit with Lessor upon Lessee's execution hereof hold the Security Deposit set forth in Paragraph 1.7 as security for the complete fulfilment of all of the Lessee's faithful performance of Lessee's ’s obligations under this the Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases at anytime during the term Term, an amount for which the Lessee is responsible in virtue of this Leasethe Lease is not paid when due, Lessee shallthe Lessor may, upon written request from Lessorat its option and total discretion, deposit additional monies with Lessor as an in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit so that or any part thereof towards the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the amount for which the Lessee is responsible, including expenses in this respect, the whole without prejudice to its other rights or remedies in virtue of the Lease or by law. In such event, the Lessee must, within five (5) days following the Lessor’s written demand, remit to the Lessor the necessary amount that will restore the Security Deposit separate to the amount initially deposited. If the Security Deposit or any part thereof is less than the amount or any part of the amount for which the Lessee is responsible in virtue of the Lease, the Lessee must pay any difference and must indemnify and save harmless the Lessor from all responsibility in this respect. However, the Lessor may, at its general accountsoption and total discretion and without prejudice to its other rights or remedies in virtue of the Lease or by law, pay the amount or any part of the amount that exceeds the Security Deposit or any part thereof, and in such event, the Lessee must reimburse the Lessor any excess, including expenses in this respect, within five (5) days following the Lessor’s written demand. If the Lessee is not in default at the expiration of the Term, and if the Premises are surrendered to the Lessor shallin accordance with the Lease, the Security Deposit or any part thereof still remaining shall be returned to the Lessee within thirty (30) five (5) days following the expiration of the Term. If the Premises are not surrendered to the Lessor in accordance with the Lease, and if the Lessor must clean and/or repair the Premises or remove Lessee’s signage and repair the Building in consequence thereof, at the expiration or earlier termination of the term hereof Term, the Lessor may, at its option and after Lessee has vacated total discretion, in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit or any part thereof still remaining towards any expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises. If the Security Deposit or any part thereof still remaining is less than the expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises, return to the Lessee (or, at Lessor's option, must pay to the last assignee, if any, of Lessee's interest herein), that portion Lessor any difference within five (5) days following the Lessor’s written demand. In the event of the Security Deposit not used early termination or applied cancellation of this Lease or any extension or renewal thereof prior to the contractual termination date by either the Lessee or the Lessor and/or any third party, then any prepaid rent or sums remitted to the Lessor as security shall become the sole property of the Lessor without prejudice to the Lessor’s claim for accelerated rent or damages or other sums due. Unless otherwise expressly agreed in writing Any and all references to: expenses incurred by the Lessor, no part in this present article and/or anywhere else in the Lease shall be interpreted as follows: “Expenses incurred by the Lessor” include, without restriction, the sums spent by the Lessor for the cleaning and/or the repairing of the Security Deposit shall be considered Premises, the expenses in this respect, as well as an administration fee equal to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasefifteen percent (15%).
Appears in 2 contracts
Sources: Lease Agreement (DAVIDsTEA Inc.), Lease Agreement (DAVIDsTEA Inc.)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall shall, within ten (10) days after written request therefore therefor, deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Modtech Inc), Standard Industrial/Commercial Single Tenant Lease (Modtech Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by direct proximate reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with moneys wit Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Details Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply apply, or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 2 contracts
Sources: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Scheid Vineyards Inc)
Security Deposit. Lessee shall deposit pay the Security Deposit to Lessor concurrently with Lessor upon Lessee's execution hereof and delivery of this Lease. Lessor shall hold the Security Deposit set forth in Paragraph 1.7 as security for Lessee's to secure the faithful performance by Lessee of Lessee's obligations under all of the terms, covenants, and conditions of this LeaseLease to be kept and performed by Lessee during the Term hereof. If Lessee fails defaults with respect to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under any provision of this Lease (as defined in Paragraph 13.1)beyond any applicable grace or cure periods, Lessor may (but shall not be required to) use, apply or retain all or any portion part of said this Security Deposit for the payment of rent or any amount due which Lessor may spend by reason of Lessee's default or to reimburse or compensate Lessor for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofof Lessee's default. If Lessor uses or applies all or any portion of said the Security DepositDeposit is so used or applied, Lessee shall shall, within ten (10) days after written request therefore demand therefor, deposit monies cash with Lessor in an amount sufficient to restore said the Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5its original amount. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsfunds, and Lessee shall not be entitled to interest on such deposit. Lessor shallIf Lessee fully and faithfully performs every obligation of Lessee under this Lease, at the expiration Security Deposit or earlier termination of the term hereof and after Lessee has vacated the Premises, return any balance thereof shall be returned to Lessee (or, at Lessor's option, to the last assignee, if any, assignee of Lessee's interests hereunder) within 30 days after the expiration of the Lease Term and after Lessee has vacated the Premises. In the event of termination of Lessor's interest herein)in this Lease, that portion of Lessor shall transfer the Security Deposit not used to Lessor's successor-in-interest, whereupon Lessor shall have no further liability for the return of or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of any accounting for the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 2 contracts
Sources: Lease (Infospace Inc), Lease Agreement (Go2net Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposits for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor Lessors uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Pets Com Inc), Lease Agreement (Pets Com Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Gametech International Inc), Lease Addendum (Gametech International Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in In Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this This Lease. If II Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including Including attorneys' fees) which Lessor may suffer or incur Incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full lull amount required by this Lease. Any time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in In Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its Its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after alter Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest Interest or other increment Increment for its Its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leaselease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease Net (Southwall Technologies Inc /De/)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $1,656.00 as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.54.1 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premises, return interest or other increment for its use to Lessee (or, at LessorLessee's option, to the last assignee, if any, of Lessee's interest herein)hereunder) within thirty (30) days after the expiration f the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit. The $1,684.00 security despot that portion was paid for lease dated 10/3/00 will be transferred and used for damages against this lease. The difference of the Security Deposit not used or $28.00 will be applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseSeptember rent.
Appears in 2 contracts
Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all of or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Anda Networks Inc), Lease Agreement (Anda Networks Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderafter any applicable cure period, or otherwise Defaults Breaches under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases during Agreed Use be amended to accommodate a material change in the term business of this LeaseLessee or to accommodate a sublessee or assignee, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition shall have the right to increase the Security Deposit so to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent Premises may suffer as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5a result thereof. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of this Lease, if Lessor elects to apply the term hereof Security Deposit only to unpaid Rent, and otherwise within thirty (30) days after Lessee has the Premises have been vacated the Premisespursuant to Paragraph 7.4(c) below, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposit, for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those melts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (American Custom Components Inc), Standard Industrial/Commercial Single Tenant Lease Gross (American Custom Components Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of ▇▇▇▇▇▇'s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessora the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its Its general accounts. Lessor shallIf ▇▇▇▇▇▇ performs all of ▇▇▇▇▇▇'s obligations hereunder, at the expiration said deposit or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, . at Lessor▇▇▇▇▇▇'s option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion hereunder) at the expiration of the term hereof, and after ▇▇▇▇▇▇ has vacated the Premises. No trust relationship is created herein between ▇▇▇▇▇▇ and ▇▇▇▇▇▇ with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 2 contracts
Sources: Sublet Agreement (California Software Corp), Sublet Agreement (California Software Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor In an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, Increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such Increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit shall security deposit held by Lessor shell at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's optionoptions, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 2 contracts
Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in In Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in In trust, to bear interest Interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall be obligated to deposit with Lessor a security deposit equal to one (1) month’s Rent (“Security Deposit”) upon Lessee's ▇▇▇▇▇▇’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee ▇▇▇▇▇▇ fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)provided herein, Lessor may use, apply or retain all or any portion of said use the Security Deposit for to pay the payment of Rent then due. If ▇▇▇▇▇▇ fails to timely perform any amount due other term or provision in this Lease, Lessor or may use the Security Deposit, and any interest accrued thereon, to reimburse or compensate Lessor itself for any liabilitycosts, cost, expense, loss expenses or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofdamages that ▇▇▇▇▇▇ incurs as a result of ▇▇▇▇▇▇’s default hereunder. If Lessor uses or applies all the Security Deposit, or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leasethereof, Lessee shall, upon written request notice from Lessor, deposit additional monies with send to Lessor as an addition amount equal to the Security Deposit so that or portion thereof used by Lessor. That amount is due, when billed, as Rent. At all times during the total Term or any Renewal Term, Lessor shall hold the amount of the Security Deposit shall at stated above. If ▇▇▇▇▇▇ fully performs all times bear of the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. terms and provisions of this Lease, Lessor shall not return the Security Deposit, and any interest accrued thereon, to Lessee within thirty (30) days from the expiration or early termination of this Lease. If Lessor sells, transfers, assigns or leases the Premises and/or Building to a third party, Lessor may transfer the Security Deposit, and interest accrued thereon, to said third party. In such event, Lessor shall notify ▇▇▇▇▇▇ in writing of said transfer and the name and address of such third party, said third party shall be required to keep all or any part solely responsible for the return of the Security Deposit separate to Lessee and Lessor shall be deemed released from its general accountsany obligations relating to the Security Deposit. Lessor shall, at may hold the expiration security in any place or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied institution permitted by Lessorlaw. Unless otherwise expressly agreed in writing by Lessor, no part of the 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 only if required by Lessee under this Leaselaw.
Appears in 1 contract
Sources: Building Lease
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. 1.5 Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit hereby deposits with Lessor upon Lesseelessor the sum of $1,990.00 (One month's execution hereof the Security Deposit set forth in Paragraph 1.7 rent, telephone, internet & fax charges) to be held without interest and commingled with Lessor's other funds, as security for Lessee's faithful performance of all of the terms, covenants and conditions of this Lease to be observed and performed by Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)faithfully observe any of the foregoing, Lessor may may, in its discretion, use, apply or retain all or any portion part of said Security Deposit the security deposit for the payment of rent or the curing of any amount due Lessor other default or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may incur or suffer or incur by reason thereofof Lessee's default. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of assigns Lessor's interest in this Lease, the security deposit may be transferred to Lessor's successor in interest and Lessee shallshall thereafter look solely to Lessor's successor for the return of and accounting for the security deposit with no further liability on the part of Lessor. In the event Lessee assigns Lessee's interest in this Lease (upon prior written consent of Lessor), upon written request from Lessor, deposit additional monies with Lessor as an addition Lessee agrees to the Security Deposit so that the total amount look solely to such assignee for repayment of the Security Deposit security deposit. In no event shall at all times bear the same proportion security deposit be deemed or considered by Lessee to be the then current Base Rent as advance payment of rent for the initial Security Deposit bears to last month of the initial Base Rent set forth in Paragraph 1.5Lease term. Lessor shall not be required refund the security deposit to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and Lessee with 45 days after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion moved out of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Premises after the expiration of the Lease term with appropriate notice to Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for less any monies to be paid amount owed by Lessee under this Lease.for unpaid rent, unpaid services, damages to Premises beyond normal wear and tear, late payment charges, unreturned electronic cards and keys, unpaid secretarial charges including but not limited to charges for word processing, photocopying, FAX, postage and related materials, and telephone charges and
Appears in 1 contract
Sources: Lease Agreement (Allies LTD)
Security Deposit. Upon execution of this Lease by Lessee, Lessee shall will pay a security deposit with Lessor upon Lessee's execution hereof in an amount of $2,625.00 which is equal to one (1) times the Security Deposit set forth in Paragraph 1.7 monthly rent plus a services deposit of Two Hundred Fifty Dollars ($250.00) as security for Lessee's faithful the performance by Lessee of Lessee's its obligations under this Lease. The security deposit will not be interest-bearing to Lessee. Lessor will retain the security deposit during Lessee's tenancy. Lessee shall not apply the security deposit as rent. If Lessee fails to pay Base Rent or other rent or charges due hereunderremains in the Premises after the expiration date of this Lease, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), the security deposit will be retained by Lessor until Lessee moves out of the Premises. Lessor may use, apply or claim and retain all or such amount of Lessee's security deposit as is reasonable necessary to remedy any portion defaults of said Security Deposit for the Lessee in the payment of any amount due Lessor rent or services, to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit repair damages to the full amount required Premises caused by this Lease. Any the Lessee, replacement of keys and any other outstanding obligations to Lessor, and Lessor may, at its option and at any time the Base Rent increases during the term of this Lease, treat the security deposit as a partial payment applied toward Lessee's obligation for the Premises during Lessee's last month of occupancy of the same. The parties expressly agree that the security deposit is made for all of the aforesaid specific purposes. At all times Lessee shall, upon written request from Lessor, shall maintain a security deposit additional monies with Lessor in an amount equal to one (1) times the monthly rent paid by Lessee for the Premises rent plus a services deposit of Two Hundred Fifty Dollars ($250.00). Lessor shall ▇▇▇▇ Lessee for any such additional security deposit as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent required. Lessor will refund Lessee's security deposit less any offsets as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep this paragraph, approximately thirty (30) days after Lessee's tenancy has terminated and Lessee's has vacated, returned keys and removed any and all or any part items of the Security Deposit separate personal property from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Naviant Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.113.l), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Tenant Lease Net (Emergent Group Inc/Ny)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee Leases (or, at Lessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.*
Appears in 1 contract
Sources: Lease Agreement (Pacific Sunwear of California Inc)
Security Deposit. Lessee 5.1 Upon execution of this Lease Tenant shall deposit $42,480 with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as initial security for LesseeTenant's faithful performance of LesseeTenant's obligations under this Lease. If Lessee Tenant fails to pay Base Rent rent or other rent or charges amount due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)or otherwise defaults with respect to any provision of this Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Tenant's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall Tenant shall, within ten (10) fifteen days after written request therefore demand therefor, deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated, and Tenant's failure to do so shall be a material breach of this Lease. Any time the Base Rent increases during the term If Tenant performs all of Tenant's obligations under this Lease, Lessee shallsaid deposit, upon written request from or so much thereof as has not been applied by Lessor, deposit additional monies with Lessor as an addition shall be returned to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee Tenant (or, at Lessor's option, to the last assignee, if any, of LesseeTenant's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease) after Tenant has vacated the Premises at the expiration of the term. No trust relationship is created herein between Lessor and Tenant with respect to the security deposit. Lessor may commingle the security deposit with other funds of Lessor. Lessor shall not be obligated to pay any interest to Tenant in connection with the said security deposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under commits a Breach of this Lease (as defined in Paragraph 13.1taking into account any applicable notice and cure period), Lessor may may, in addition to all other remedies available to Lessor at law or in equity, use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate STANDARD INDUSTRIAL LEASE DATED FEB 1998 Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten thirty (1030) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Advanced Fibre Communications Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessorlessor, no part of the Security Deposit shall be considered to be held in trust, trust to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Intellisys Group Inc)
Security Deposit. Lessee shall pay a security deposit to Lessor in the sum of «F12» due and payable concurrent with Lessor upon the execution of this Lease Agreement. The security deposit is set aside to secure Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful ’s performance of Lessee's obligations each and every covenant and agreement to be performed by Lessee(s) under this Leasethe Lease Agreement. If Lessee fails shall be held fully responsible for any and all damages done to pay Base Rent the demised premises, fixtures, furnishings, equipment, or other rent or charges due hereunderproperty belonging to Lessor, except for normal wear and tear, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)to any part of Lessor’s property caused at any time by misuse, Lessor may usecarelessness or negligence on the part of the Lessee, apply or retain all the other Lessees or any portion member of said Security Deposit any Lessee’s family or any invitees of any Lessee. Such liability shall be joint and several. Said security shall be placed and held, for the payment duration of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, in an account at an FDIC insured banking institution in Champaign County, Illinois. Said account may, at Lessor’s option, unless otherwise required by law, be an interest bearing account. Where required by law or local ordinance, Lessor shall pay to Lessee shallinterest on Lessee’s security deposit funds as prescribed and in the manner mandated by said law or local ordinance. After termination of the lease term or any renewal thereof and upon inspection of vacated premises, upon written request from Lessorshould Lessor find no damages beyond normal wear and tear, and Lessee(s) is not in default, then the deposit additional monies shall be returned to Lessees with Lessor as an addition the issuance of a single check drafted to the Security Deposit so below security deposit recipient at the below address: SAMPLE LEASE SAMPLE LEASE The security deposit recepient hereby assumes the responsibility of distributing the deposit to the other named Lessees as appropriate. In the event Lessor shall find damages beyond normal wear and tear, the cost of the repair or replacement shall be that of Lessee and the total deposit herein shall apply towards the cost of such repair or replacement, but in no case shall the amount of the deposit herein restrict the right of Lessor to proceed for additional damages. Any and all notices, estimates, invoices and bills concerning the application of any of the security deposit to the payment of damages, whether required by State law or local ordinance may be mailed by Lessor only to said Security Deposit shall at Recipient who is hereby appointed by each of the undersigned as the agent for all times bear the same proportion Lessees for all such purposes. All security deposit return inquires or disputes must be submitted in writing to the then current Base Rent as leasing office at ▇▇▇ ▇. ▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The refund of the initial Security Deposit bears deposit is subject to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part following: The full term of the Security Deposit separate from its general accountslease and/or any extension thereof shall have expired. Lessor shall, at the expiration There is no damage to demised premises or earlier termination of the term hereof to Lessor’s property except normal wear and after Lessee has vacated the tear. The entire Leased Premises, return including range, refrigerator, kitchen, bath, closets, all drawers, etc. shall be clean. No tape or adhesive fastener marks are left on the painted walls. There are no unpaid late charges, maintenance charges, or delinquent rent. All issued keys have been returned. All debris, rubbish and discards have been removed from the premises. All personal belongings and furnishings have been removed from the premises. Correct forwarding address has been left with the Agent. There has been full compliance by Lessee with all lease terms, covenants, and house rules. ▇▇▇▇▇▇ Realty, Inc. (“▇▇▇▇▇▇”) as well as other contractors perform cleaning, maintenance, repair and similar services at Owners property, including the Leased Premises. Lessee acknowledges that with respect to cleaning charges ▇▇▇▇▇▇ maintains a schedule of flat rate charges for the most common and recurring cleaning tasks. Lessee (or, further acknowledges that this schedule is available for inspection at Lessor's option, Roland’s offices during regular business hours. Lessee understands and agrees to pay cleaning charges incurred with respect to the last assigneeLeased Premises to Lessor in accordance with this schedule. Lessee further agrees that any work not specifically provided for on the schedule (cleaning not on the schedule, if anymaintenance, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest repair or other increment for its use, or charges) and incurred with respect to the Leased Premises will be prepayment for any monies billed to be and paid by Lessee under this Leasein the sum billed to Lessor by ▇▇▇▇▇▇ or other contractors performing such services.
Appears in 1 contract
Sources: House Lease
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time It the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Security Deposit. Lessee shall At the execution of this Dwelling Lease Agreement, Tenant agrees to pay and deposit with Lessor upon Lesseethe WHA the sum of $ to be held by the WHA and which may be applied at the option of the WHA to the payment of accrued rent, to the amount of any damages which the WHA may suffer by reason of Tenant's execution hereof damage to the Security Deposit set forth in Paragraph 1.7 property, reasonable wear and tear excepted, and/or noncompliance with K.S.A. 58-2555, as security for Lessee's faithful performance amended, of Lesseethe Kansas Residential Tenant and Landlord Act, and Tenant's obligations under the terms of this LeaseDwelling Lease Agreement. The payment of the security deposit may be made in full or by payments of $ upon occupancy and $ per month for the succeeding months until paid in full. If Lessee fails the WHA proposes to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all the security deposit or any portion thereof for expenses, damage or other legally-allowable charges under the provisions of said Security Deposit for this Dwelling Lease Agreement, other than rent, the payment WHA shall return the balance of any amount due Lessor or the security deposit with interest to reimburse or compensate Lessor for any liability, cost, expense, loss or damage Tenant within fourteen (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (1014) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to determination of the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of such expenses, damages, or other charges, and in any event not later than thirty (30) days after the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof tenancy, delivery of possession and demand by Tenant. If Tenant does not make such demand within thirty (30) days after Lessee has vacated the Premisestermination of the tenancy, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), WHA shall mail that portion of the Security Deposit security deposit due the Tenant to Tenant's last known address. Tenant shall not used apply or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part deduct any portion of the Security Deposit security deposit from the last month's rent or use or apply such security deposit at any time in lieu of payment of rent. It is agreed if Tenant attempts to do so, the security deposit shall be considered to be held in trustforfeited and Tenant shall pay WHA the rent due as if the deposit had not been applied or deducted from the rent. If WHA retains the security deposit or any portion thereof, to bear interest or WHA will give Tenant a written statement of any such costs for damages and/or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasecharges.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the PremisesPremises and performed all obligations under this Lease, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), ) Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Qad Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, . Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Base Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails falls to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time of Lessee, if the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the a Security Deposit deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shall, at the expiration if Lessee performs all of Lessee's obligations hereunder, said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor within ten (10) days after surrender of the Premises by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Nanogen Inc)
Security Deposit. Lessee Upon execution of the Lease, LESSEE shall deposit eighty thousand ($80,000.00) dollars with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 LESSOR as security for LesseeLESSEE's faithful payment of rent and performance of Lessee's its other obligations under this Lease and any renewals or extensions of this Lease. If LESSEE defaults in its payment of rent or performance of its other obligations under this Lease. If Lessee fails to pay Base Rent , LESSOR may use all or other part of the security deposit for the payment of rent or charges due hereunderany other amount in default, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any other amount due Lessor that LESSOR may spend or become obligated to reimburse spend by reason of LESSEE's default, or compensate Lessor for the payment to LESSOR or any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor that LESSOR may suffer or incur by reason thereofof LESSEE's default. If Lessor LESSOR so uses or applies all or any portion of said Security Depositthe security deposit, Lessee shall LESSEE will restore the security deposit to its original amount within five (5) days after written demand from LESSOR. The security deposit will not be a limitation on LESSOR's damages or other rights under this Lease, or a payment of liquidated damages, or an advance of the rent. If LESSEE pays the rent and performs all of its other obligations under this Lease, LESSOR will return the unused portion of the security deposit to LESSEE within ten (10) days after written request therefore the end of the term or such earlier time as provided for hereunder; however, if LESSOR has evidence that the security deposit monies has been assigned to an assignee of the Lease, LESSOR will return the security deposit to the assignee. LESSOR may deliver the security deposit to a purchaser of the premises and be discharged from further liability with respect to it. LESSEE may, at its option, provide LESSOR with an irrevocable letter of credit in lieu of a cash security deposit provided that the letter of credit is in the same amount ($80,000.00) and is from a bank which shall be acceptable to LESSOR in its reasonable discretion. The letter of credit shall be made payable to LESSOR or its successors or assigns as the Lessor sufficient under this Lease and shall be freely transferable without cost to restore said Security Deposit any such successor or assignee of LESSOR. Any letter of credit provided shall be good for a period of at least one year. The letter of credit shall only require the presentation to the issuer of a duly authorized certificate of the holder of the letter of credit stating that a default has occurred under this Lease, that all applicable notice and cure periods have expired without cure, and stating the amount of the default and requested draw. LESSEE shall provide a replacement or extended letter of credit (or a cash security deposit) to LESSOR not less than thirty (30) days prior to the expiration of any letter of credit then held by LESSOR. Failure to do so shall be a default under this Lease and LESSOR shall have the right to draw down the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear letter of credit and hold the same proportion to the then current Base Rent proceeds as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasea cash security deposit.
Appears in 1 contract
Sources: Lease (Rowecom Inc)
Security Deposit. As security for Lessee's faithful performances of ---------------- Lessee's obligations Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth sum as stated in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Leasethe Summary of Lease Business Terms. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provisions of this Lease (as defined in Paragraph 13.1), Lease. Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand thereof deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by herein above stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this the Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit with the Lessor additional monies with Lessor as an addition to the Security Deposit security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.51.7, Lease Summary of Business Terms. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. If Lessor shallperforms all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after alter written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its Its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee Lessees has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if If any, of Lessee's interest Interest herein), that portion portlon of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in In writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or of other increment for its Its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, shall upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part pan of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or of earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (orfor, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment Increment for its Its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Lease. hereunder, If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, . or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5In paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIt Lessee performs all of Lessee's obligations hereunder. said deposit, at the expiration or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease6.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. , Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of or said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Chatcom Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisespremises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Interwave Communications International LTD)
Security Deposit. Upon the execution of this lease, Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth first month rent plus sales tax, in Paragraph 1.7 the amount of $7,579.17, plus the sum of $ 7,579.17 as security deposit for Lessee's faithful the performance of Lessee's ’s obligations under this Lease. If Lessee fails lease including, without limitation, the surrender of possession of the leased premises to pay Base Rent Lessor as provided herein, it being expressly understood and agreed that such deposit is not an advance rental deposit or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined a measure of Lessor’s damages in Paragraph 13.1), Lessor may use, apply or retain all or any portion case of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofLessee’s default. If Lessor uses or applies all or any portion part of said Security Depositthe security deposit to cure any default of Lessee, Lessee shall within ten (10) days after written request therefore shall, upon demand, deposit monies with Lessor sufficient to restore said Security Deposit to the amount so applied so that Lessor shall have the full amount required by this Lease. Any time the Base Rent increases deposit on hand at all times during the term of this Lease, Lessee shall, upon written request from lease. This security deposit may be commingled with other deposits held by Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit ; no interest shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth be due in Paragraph 1.5. connection therewith and Lessor shall not be required obligated to keep all apply the security deposit to rents or any part other charges in arrears or to damages for Lessee’s failure to perform under the lease. However, Lessor may so apply the security deposit at Lessor’s option, and Lessor’s right to possession of the Security Deposit separate from its general accounts. Lessor shall, at the expiration leased premises for nonpayment of rent or earlier termination for any other reason shall not in any way be affected by reason of the term hereof fact that Lessor holds such security deposit. In the event of a sale of the land and after Lessee has vacated building of which the Premisesleased premises are a part, return Lessor shall have the right to Lessee (or, at Lessor's option, transfer the deposit to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit purchaser and Lessor shall thereupon 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 released by Lessee under this Leasefrom all responsibility for the return of such deposit and Lessee agrees to look to the new purchaser solely for the return of said deposit.
Appears in 1 contract
Sources: Warehouse/Office Lease (Dynamic Health Products Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lesseelessee's execution hereof the Security Deposit as set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expenseexpense including but not limited to the cleaning of the Premises after Lessee vacates, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Canmax Inc /Wy/)
Security Deposit. Lessee shall deposit with Lessor upon Lessee▇▇▇▇▇▇'s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Bass Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Supergen Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee▇▇▇▇▇▇'s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease Renewal (Egghead Inc /Wa/)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default, for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current than Current Base Rent as the initial Security Deposit security deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit contemporaneously with the execution of this Lease has deposited with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as sum of $46,147.50 receipt of which is hereby acknowledged by Lessor, said security for Lessee's deposit being given to secure the faithful performance by Lessee of all of the terms, covenants and conditions of this Lease to be kept and performed by Lessee. If Lesseeshall fail to pay the rent herein reserved promptly when due or if Lessee violates any of the other terms, covenants or conditions of this Lease, said security deposit may, at the option of Lessor, be applied to any rent due and unpaid or to any damages suffered by Lessor as a result of Lessee's obligations under ’s default. Nothing contained in this Lease. If Lessee fails to pay Base Rent Section shall in any way diminish or be construed as waiving any of Lessor’s other rent or charges due hereunder, or otherwise Defaults under remedies as provided elsewhere in this Lease (as defined or at law or in Paragraph 13.1), Lessor may use, apply or retain all equity. Should the entire security deposit or any portion of said Security Deposit thereof be applied by Lessor for the payment of any amount sums due and payable to Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leasehereunder, Lessee shall, upon on the written request from demand of Lessor, remit to Lessor a sufficient amount in cash to restore said security deposit additional monies to its original amount. Should Lessee comply with Lessor as an addition to the Security Deposit so that the total amount all of the Security Deposit terms, covenants and conditions of this Lease and promptly pay all of the rental herein provided for as it falls due, (including any Additional Rent due at the end of the Fiscal Year, which term is defined in Section 8 below, during which the Term expires or terminates), and all other sums payable by Lessee to Lessor hereunder, said security deposit or remaining balance thereof shall at all times bear the same proportion be returned in full to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not have the right to commingle the security deposit with other funds of Lessor, and any interest earned shall be required to keep all or any part the property of the Security Deposit separate from its general accountsLessor. Lessor shall, at may deliver the expiration or earlier termination security deposit to any purchaser of the term hereof and after Lessee has vacated Lessor’s interest in the Premises, return and thereupon be discharged from further liability with respect to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasesuch deposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit Deposit, for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Telenetics Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in In Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest Interest or other increment Increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Chipcards Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expenseexpenses, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases increase during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, or at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Marketing Specialists Corp)
Security Deposit. Lessee shall deposit with Lessor the sum of ____N/A__________ upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 Lease execution, which will be held by Lessor as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefore, deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.54 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, or at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the Security Deposit not used or applied by Lessorterm hereof, and after Lessee has vacated the Premises. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered No trust relationship is created herein between Lessor and Lessee with respect to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasesaid security deposit.
Appears in 1 contract
Sources: Industrial Lease (Golden West Brewing Company, Inc.)
Security Deposit. 6.1 Lessee shall deposit with pay to Lessor upon Lessee's execution hereof the a Security Deposit set forth according to the stipulations in Paragraph 1.7 as security Clause 4 of Part I Special Terms of the Contract, to ensure that Lessee will be responsible for Lessee's faithful its obligations and liabilities hereof, and the payment of such Security Deposit shall be a prerequisite for the effectiveness of the Contract, otherwise this Contract shall be deemed to be invalid from the beginning. The Security Deposit shall be retained by Lessor without interest during the entire Lease Period and the Renovation Period.
6.2 During the performance of Lessee's obligations under this Lease. If the Contract, in the event that Lessee fails to pay Base Rent or the Rent, Public Utilities Fees, other rent or charges due hereunderfees, Penalty Fees, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)causes damage to the Leased Unit and/or the Building and the facilities and equipments of the Building, due to Lessee's intentional or negligent act, causing economic losses to Lessor, Lessor may use, apply or retain all or any portion of said shall have the right to deduct directly from the Security Deposit for the payment corresponding amount.
6.3 Where Lessor is to deduct part or all of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said the Security Deposit, Lessor shall notify Lessee in advance in writing. Lessee may choose to pay separately upon receiving the notice; where Lessee fails to pay after the stipulated time, Lessor shall within ten (10) days deduct after written request therefore deposit monies with the expiry of the notice period. Where the
6.4 Should Lessee fail to perform the Contract and/or cause the Contract to terminate prematurely due to other causes attributed to Lessee, Lessor sufficient shall have the right to restore said not return the entire Security Deposit to the full amount required paid by this LeaseLessee. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total The entire amount of the Security Deposit mentioned in this clause shall at all times bear the same proportion equal to the then current Base Rent as amount stipulated in the initial Security Deposit bears to Special Terms of the initial Base Rent set forth in Paragraph 1.5. Contract.
6.5 When the Contract expires or terminates early upon mutual Contract by both Parties, Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (orthe entire Security Deposit paid by Lessee or the balance of it, at Lessor's optionwithout interest, to the last assignee, if any, of Lessee's interest herein), that portion within 30 days after Lessee meets all of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed following conditions:
(i) Lessee returns to Lessor the entire Leased Unit which meets the conditions in writing by Lessor, no part Addedum II of the Security Deposit shall be considered to be held in trustContract as stipulated hereof, to bear interest or other increment for its use, or to be prepayment for any monies and receives confirmation from Lessor and the Property Management Company; (ii) Lessee has paid up all fees to be paid by as stipulated hereof, including but not limited to, rent to be paid and not paid, Public Utilities Fee, Penalty Fees, damage compensation and recourse cost resulted from such damage; (iii) Lessee under this Leasecompletes at the Administration of Industry and Commerce the procedure of company dissolution or address change where the Leased Unit is used as the registered or operation address.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) 10 days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth in Paragraph 1.5Rent. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within 90 days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premisesthis Lease, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no Lessor shall upon written request provide Lessee with an accounting showing how that portion of the Security Deposit that was not returned was applied. No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. THE SECURITY DEPOSIT SHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF THE LAST MONTH’S RENT.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (ImmunityBio, Inc.)
Security Deposit. Concurrently with Lessee's execution of this lease. Lessee shall deposit with Lessor upon Lessee's execution hereof $2,066.40 to be hold by Lessor as a security deposit for the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under all of the terms, covenants and conditions of this Leaselease to be kept and performed by Lessee during the term hereof. If Lessee fails defaults with respect to pay Base Rent or any provisions of this lease, including but not limited to provisions relating to the payment of rent, operating cost increases and other rent or charges monetary sums due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), herewith. Lessor may use, apply or retain all or any portion part of said Security Deposit the security deposit for the payment of rent or any other amount due which Lessor may spend or become obligated to spend by reason of Lessee's default or to reimburse or compensate Lessor for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofof Lessee's default. If Lessor uses or applies all or It any portion of said Security Depositsecurity deposit is so used or applied. Lessee shall, Lessee shall within ten (10) days after written request therefore demand therefor, deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit the security deposit to the full amount required by this Lease. Any time the Base Rent increases during the term its original amount; Lessee's failure to do so shall be a material breach of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5lease. Lessor shall not be required to keep all or any part of the Security Deposit this security deposit separate from its general accountsfunds and Lessee shall not be entitled to interest thereon. Lessor shallLessor's obligations with respect to the security deposit are those of a debtor and not a trustee. If Lessee shall fully and faithfully perform every provision of this lease to be kept by it, at the expiration security deposit or earlier termination of the term hereof and after Lessee has vacated the Premises, return any balance thereof shall be returned to Lessee (or, at Lessor's optiondemand, to the last assigneeassignee of Lessee's interest hereunder) within the following time periods after expiration or earlier termination of the lease term:
(a) when Lessor has no claims against the security deposit or where the claim is only for defaults by Lessee in the payment of rent. then the security deposit or the balance thereof, if any, shall be returned no later than two (2) weeks after the date Lessor receives possession of Lesseethe leased promises, or (b) where Lessor's claim against the security deposit includes amounts reasonably necessary to repair or clean the leased premises, then the remaining balance thereof, if any, shall be returned on or before thirty (30) days from the date Lessor receives possession of the leased promises. In the event of a termination of Lessor's interest herein)in this lease, that portion Lessor shall transfer said deposit to Lessor's successor in interest, whereupon Lessee agrees to release Lessor from all liability for there turn of such deposit or the accounting thereof. In no event shall said security deposit be applied to the rent due for the last month of the Security Deposit not used or applied lease term except as required by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leaselaw.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor In an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, . Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 at the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, . to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 1.8 as security for Lessee's faithful performance of Lessee's obligations under each and every term, provision, covenant and condition of this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease (Ilive Inc/Nv)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, shall upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Bass Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. Notwithstanding the foregoing, the security deposit shall be deposited in an interest bearing passbook account with a federally chartered commercial bank. Interest shall accrue in favor of the Lessee. If the Lessee is not in material default of the Lease, the Lessor shall return to Lessee $15,823.20 of the security deposit within fifteen (15) days following each anniversary of the lease commencement until the Lease expires. Lessor, within fifteen (15) days following the expiration of the Lease, shall return to the Lessee all security deposit funds, including all accrued interest.
Appears in 1 contract
Sources: Lease Agreement (Transition Analysis of Component Technology Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorney' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Iown Holdings Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security Security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderhereunder in Breach of this Lease, or otherwise Defaults under Breaches this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any In the event the Security Deposit is still on hand pursuant to the terms set forth hereinbelow, then, any time the Base Rent increases during the term last five (5) years of the Original Term of this LeaseLease and any Option to Extend periods, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term Term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease. NOTE: Providing Lessee has paid Base Rent and scheduled Additional Rent on or before the tenth (10th) day of the month for the first sixty (60) months of the Term, then Lessor shall promptly refund the entire Security Deposit on hand. Unless the Security Deposit has already been refunded pursuant to the terms herein, the SECURITY DEPOSIT SHALL NOT BE APPLIED TOWARD THE LAST MONTH'S RENT.
Appears in 1 contract
Sources: Lease Agreement (Futurelink Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases Agreed Use be amended to accommodate a material change in the business of Lessee or to accommodate a sub lessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease (3) and following such change the term financial condition of this LeaseLessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall, upon written request from Lessor, shall deposit such additional monies with Lessor as an addition shall be sufficient to cause the Security Deposit so that the total amount of the Security Deposit shall to be at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth a commercially reasonable level based on said change in Paragraph 1.5financial condition. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
(1) and the cost thereof exceeds six (6) months Base Rent,
(2) the difference between the actual cost thereof and six (6) months Base Rent.
(3) which change in control requires the consent of Lessor pursuant to Article 12 below,
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Netguru Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said the Security Deposit, Lessee shall within ten (10) 10 days after written request therefore therefor, along with a statement setting forth in reasonable detail an accounting for the portion so applied, deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit Lesser so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth Rent. Should the Agreed Use be amended to accommodate a material, change in Paragraph 1.5the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor’s reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within 14 days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within 30 days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply apply, or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or of earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Qad Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $20,013.00 (see addendum 47) as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee’s failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Sources: Standard Industrial Lease (Patriot Motorcycle Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessorlessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial Commercial Multi Tenant Lease (Rockford Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution ---------------- hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money, as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, on so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of interest or earlier termination of the term hereof and after Lessee has vacated the Premisesother increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Sources: Lease Addendum (Notify Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 Eighteen Thousand Nine Hundred Eight and 92/100 Dollars ($18,908.92) as security for Lessee's faithful ' performance of Lessee's its obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply apply, or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which that Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent increases, from time the Base Rent increases to time, during the term of this Lease, Lessee shall, upon written request from at Lessor's request, at the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 4. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs its general accounts. If Lessee performs all of its obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the Security Deposit not used or applied by Lessorterm hereof, and after Lessee has vacated the Premises. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered No trust relationship is created herein between Lessor and Lessee with respect to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasesaid security deposit.
Appears in 1 contract
Sources: Lease Agreement (WTC Industries Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails tails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after alter written request therefore deposit monies movies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies movies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.8 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, on so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of interest or earlier termination of the term hereof and after Lessee has vacated the Premisesother increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security $6162.80 and Deposit set forth in Paragraph 1.7 an additional $8,083.00 on January 1, 2004 with Lessor as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5paragraph 4. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Sources: Lease Agreement (Redenvelope Inc)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Lease. hereunder, If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5In paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIt Lessee performs all of Lessee's obligations hereunder. said deposit, at the expiration or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease6.
Appears in 1 contract
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $25,466.00 as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.
Appears in 1 contract
Sources: Standard Industrial Lease (Dental Medical Diagnostic Systems Inc)