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 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 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 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 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 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 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 13.113.1 ), 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 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 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. 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 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 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. 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 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 13.1), 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 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 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 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 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 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 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 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. 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 $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 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 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 ’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 $ N/A 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 of 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. If Lessee performs all of Lessee's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Lessor shallshall be returned, at the expiration 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 2 contracts
Sources: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical 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 (Gametech International Inc), Lease Addendum (Gametech International 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 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 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 thereofhereof. 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 the total amount of the Security Deposit shall at all times bear the same proportion to the then current and 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: Lease Agreement (Idealab)
Security Deposit. Subject to the terms and conditions of Paragraph 51 Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit in the form of a Letter of Credit set forth in Paragraph 1.7 51, 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 1 contract
Sources: Sublease Agreement (Genoptix 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 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 sot 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
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; provided, however, that the Security Deposit shall apply to rent due after the Commencement Date, shall be applied to the first installment(s) of rent due on or following the Commencement Date prior to any out-of-pocket payment of rent by Lessee and the parties will execute a confirmation of such application, and Lessee will have no further right or claim for refund or return of the Security Deposit so applied. 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 ’s faithful performance of Lessee's its obligations under this Lease. Lessor shall not be required to keep the Security Deposit separate from its general accounts. No part of the Security Deposit shall be considered to be held in trust or to bear interest. 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. Upon and in connection with the Commencement Date and the closing of the purchase and sale under the REPC, Lessor shall have the opportunity to and shall cause a complete walk-through inspection of the Premises to document and benchmark the condition of the Premises on that date. A mutually agreed record of such inspection shall be kept and the maintenance and repair obligations of the Lessee shall be governed thereby. If the Premises are returned at the end of this Lease in the condition mandated hereunder in Section 7.4(c) and all rental payment and other monetary obligations of the Lessee have been met, then the Lessor uses or applies all or any portion shall, within fifteen (15) business days after the surrender of the Premises, refund to Lessee the said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with . Lessor sufficient may deduct the reasonable cost of any repairs to restore said Security Deposit cause the Premises to meet the full amount required surrender standards imposed by this Lease. Any time the Base Rent increases during Lease and any unpaid monetary obligations under the term of this Lease, Lessee shall, upon written request Lease from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that or Obligation Deposit, as the total amount case may be. In the event any amounts are deducted from the refund, Lessor shall also provide to Lessee a detailed statement of the Security Deposit shall at all times bear the same proportion particulars giving rise to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5charges that were deducted. Lessor The provisions of subsection (c) of Section 1.5 above shall not be required to keep all or any part of also govern the Security Deposit separate from Deposit, its general accounts. Lessor shallrelease, at the expiration or earlier termination of the term hereof payment 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 Leasedistribution.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Lumenis LTD)
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 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 al 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 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 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 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 Leases has vacated the Premises, return to Lessee (or, at Lessor's Lessors 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 (Homegrocer 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. See Addendum Paragraph 66.
Appears in 1 contract
Sources: Lease Agreement (Pharmchem 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 It 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 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 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 Gross (Embedded Support Tools 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 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 require 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 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 this use, or to be prepayment for any monies to be paid by Lessee Lessor under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Align Technology 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 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 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 1.5. Basic 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 LesseeL▇▇▇▇▇'s faithful performance of LesseeL▇▇▇▇▇'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 L▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of LesseeL▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by LessorL▇▇▇▇▇, 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: Long Term Lease (Pacific Research & Engineering Corp)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof on or prior to July 1, 2004, a portion of the Security Deposit set forth in Paragraph 1.7 as security for the amount of Two Hundred Thousand and no/100 Dollars ($200,000.00). The remaining Four Hundred Thirty Thousand Dollars ($430,000.00) (together, the "Existing Tenant Deposit") of the Security Deposit shall be assigned, conveyed and transferred from the Existing Tenant to Lessor on or prior to the Commencement Date and Lessee hereby authorizes and consents to such assignment, conveyance and transfer. In the event that the Existing Tenant has use or applied all or any portion of the Existing Tenant Deposit portion of the Security Deposit pursuant to the Sublease, Lessee shall within ten (10) business days of written request therefor, deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. The Security Deposit shall secure 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. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, 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.. Lessee hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which provide that Lessor may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Lessee or to clean the Premises, it being agreed that Lessor may, in addition, claim those sums reasonably necessary to compensate Lessor for any other loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Lessee or any officer, employee, agent, contractor or invitee of Lessee. Initials ___ ___
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Overhill Farms 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 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 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 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 pad 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 declined 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. 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 vacation 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 he 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 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 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 terms 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 (Vantagemed Corp)
Security Deposit. Lessee shall deposit with Lessor an amount equal to -0- Thousand -0- Hundred and NO/100 (-0-) Dollars (the "Security Deposit"). This sum shall be retained by Lessor as security for the payment by ▇▇▇▇▇▇ of the Rent and other sums payable by Lessee under this Lease and for the faithful performance by ▇▇▇▇▇▇ of all the other terms, covenants and conditions of this Lease. Lessor, at Lessor's option and upon prior written notice to Lessee's execution hereof , may, at any time, apply the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful or any part thereof toward the payment of the Rent and/or toward the 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), The Security Deposit shall not constitute liquidated damages. Lessor may use, apply or retain all or any shall return the unused portion of said the Security Deposit, if any, to Lessee within thirty (30) days after the expiration of the Term if Lessee is not in breach of this Lease. If the Security Deposit for the payment of any is insufficient to cover Lessor's actual damages, Lessee shall pay on demand to Lessor an amount due Lessor or sufficient to reimburse or fully compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessees breach. Lessor may suffer (but is not obligated to) exhaust any or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, rights and remedies against 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 before resorting 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 1.5Deposit. Lessor shall not be required to keep all or pay Lessee any part of interest on the Security Deposit nor hold same in a separate from account. If Lessor sells the Building, Lessor shall deliver the Security Deposit, if applicable or the unapplied portion thereof to the new owner. ▇▇▇▇▇▇ agrees that if ▇▇▇▇▇▇ turns over the Security Deposit or the unapplied portion thereof to the new owner, ▇▇▇▇▇▇ shall look to the new owner only and not to Lessor for its general accounts. Lessor shall, at the return upon expiration or earlier termination of the term hereof Term. If Lessee assigns this Lease, the Security Deposit shall remain with Lessor for the benefit of the new tenant and after shall be returned to such tenant upon the same conditions as would have entitled Lessee has vacated to its return. No mortgagee of the Premises, Building will be liable for the return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that any portion of the Security Deposit not used or applied Deposit, except to the extent actually received 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 mortgagee.
Appears in 1 contract
Sources: Sub 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' 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 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, 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: Sublease Agreement (Inland Northwest Bancorporation 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 LeaseLessee. 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 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.G 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
Sources: Sublease Agreement (Intervu 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 twenty (1020) 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 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 (Mossimo 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 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. 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. 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 Lease. If Lessee fails falls 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 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 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 In writing by Lessor, no part of the Security Deposit shall be considered to be held hold in trust, to bear 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: Lease Agreement (Advanced Aerodynamics & Structures 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.. (SEE ADDENDUM)
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Esynch Corp/Ca)
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, expenseexpense (including, but not limited to the cleaning and/or restoration 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 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 the terms of 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 a 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 than current Base Rent as the initial 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 accountsaccount. Lessor shall, at the expiration or earlier termination of the term terms of the terms 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 pre-payment for any monies to be paid by Lessee under this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (RVision, Inc.)
Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the 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 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 a Security Deposit so that the total amount of the Security Deposit held by Lessor 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 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the said Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination If Lessee performs all of the term hereof and after Lessee Lessee's obligations hereunder, said deposit, or so much thereof as has vacated the Premisesnot heretofore been applied by Lessor, return shall be returned, without payment of interest or other increment for its use, to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein)hereunder) at the expiration of the term hereof, that portion of and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit. Lessor shall not be required to keep the Security Deposit not used or applied in an interest-bearing account, and any interest accruing shall be earned 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 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 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 Lessor 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 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 shall, at the expiration or earlier termination If Lessee performs all of the term hereof and after Lessee Lessee's obligations hereunder, said deposit, or so much thereof as has vacated the Premisesnot heretofore been applied by Lessor, return shall be returned, without payment of interest or other increment for its use, to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein)hereunder) at the expiration of the term hereof, that portion of and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit, and under no circumstances shall Lessor be required to keep the Security Deposit separate from its other funds or in an interest-bearing account, nor shall Lessee be entitled to any interest on such amounts regardless of whether or 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 is deposited 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 Leasean interest-bearing account.
Appears in 1 contract
Sources: Standard Office Lease (Entertainment Boulevard 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 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 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. (Also see Addendum, Paragraph__.)
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 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
Sources: Lease (Arqule 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 lessor may suffer or incur by reason thereof. If Lessor 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 Gross (Diamond Entertainment 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 sufficient to the Security Deposit so that the total amount of the Security Deposit shall at all times bear maintain the same proportion to ratio between the then current Base Rent security deposit and the 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. Upon Lessee's completion of tenant improvements, Lessor, at Lessor's sole discretion, may refund one month of the security deposit provided Lessee is not in default, Lessor will . . .
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Vitria 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 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
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
Security Deposit. 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 Lessees 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, 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) 101 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 (William Lyon Homes)
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{see Section 14.1), 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) 1O 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 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 the term this Lease and following such change tre 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 such 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 30 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 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, 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 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 pay a security deposit with in the amount of $2500.00, which sum shall be held by Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's the faithful performance by Lessee of Lessee's obligations under all of the terms, covenants, conditions and agreements of this Lease. 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)Lease, Lessor may useretain, use or apply or retain all or any portion part of said the 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 suffered by Lessee’s default including, but not limited to, the failure of Lessee to pay any rent due hereunder, and for the repayment of amounts Lessor is obligated to spend by reason of Lessee’s default. Lessor may suffer claim from a Security Deposit those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Lessee, to clean the premises, and to compensate Lessor for any other foreseeable or incur unforeseeable loss or damage caused by reason thereofthe act or omission of Lessee or any person acting at the direction or under the authority or with the permission of Lessee. If Lessor uses or applies all or any portion of said Security Depositis so retained, Lessee shall used or applied, Lessee, within ten five (105) days after written request therefore following demand by Lessor, shall deposit monies with Lessor an amount sufficient to restore said the Security Deposit to the full original amount plus any increased amounts as 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 accountsfunds, and Lessee shall not be entitled to interest on it. Lessor shallIf Lessee fully and faithfully performs every provision of this Lease, 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 Lessorshall be returned to Lessee within sixty (60) days following the expiration of the Lease Term and the surrender of the Premises. Unless otherwise expressly agreed in writing by Lessor, In no event shall Lessee have the right to apply any 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 rent payable under this Lease.
Appears in 1 contract
Sources: 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 of or 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 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: Standard Industrial/Commercial Multi Tenant Lease (Dynatem 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. (Also see paragraph 50 for additional provisions).
Appears in 1 contract
Security Deposit. Concurrently herewith, Lessee shall deposit with Lessor upon an amount of Three Million Six Hundred Ninety-Seven Thousand One Hundred Fifty and No/100 Dollars ($3,697,150.00) in cash (less the amount of $368,842.77 held by Lessor related to the “Reserve” under the Original Lease, which amount shall be retained by Lessor and applied to Lessee's execution hereof ’s obligation under this Section 9.2), which amount shall be allocated among the Properties as set forth on Schedule 9.2 (each, the “Allocated Deposit” and collectively, the “Security Deposit”). Lessee hereby grants Lessor a security interest in and to the Security Deposit. The Allocated Deposit for each Leased Property shall be held by Lessor as security for the performance by the applicable Facility Lessee of all of the covenants of this Lease to be performed by such Facility Lessee with resepct to the applicable Leased Property, and Lessee shall not be entitled to interest thereon unless required by applicable law. Lessor shall not be required to segregate the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance a separate account and may commingle the Security Deposit with other assets of Lessee's obligations under this LeaseLessor or its Affiliates. If Lessee fails to pay Base Rent or other The Security Deposit is not an advance payment of rent or charges a measure of damages. Lessor may from time to time and without prejudice to any other remedy provided in this Lease or by applicable law, use all or a portion of the Allocated Deposit to the extent necessary, with respect to the applicable Leased Property, to (i) satisfy past due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or ii) satisfy 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, other loss or damage (resulting from the applicable Facility Lessee’s breach of this Lease, including attorneys' fees) which Lessor may suffer such Facility Lessee’s failure to make any necessary or incur by reason thereofrequired repairs to the applicable Leased Property. If In the event that Lessor uses or applies all or any portion of said Security Depositthe Allocated Deposit for a given Leased Property pursuant to this Section 9.2, Lessee shall deposit with Lessor an amount sufficient to replenish the Allocated Deposit to its original amount within ten thirty (1030) days after following receipt of 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 demand 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 return 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 unapplied portion of the Security Deposit not used to Lessee within forty-five (45) days after the latest to occur of: (a) the full and final payment of Rent, and all other amounts and obligations due hereunder; and (b) the expiration or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part termination 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: Master Lease Agreement (MPT Operating Partnership, L.P.)