Common use of Security Deposit Clause in Contracts

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 6 contracts

Sources: Lease Agreement (Immudyne, Inc.), Lease Agreement (Accufacts Pre Employment Screening Inc), Lease (Scolr Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's ’s default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's ’s obligations under this Lease have been fulfilled.

Appears in 5 contracts

Sources: Lease Agreement (Schrodinger, Inc.), Lease Agreement (Power Solutions International, Inc.), Lease Agreement (PBSJ Corp /Fl/)

Security Deposit. 22.1 Tenant shall deposit has deposited the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful full, faithful, and timely performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Rent, Landlord may use but shall not be obligated to use, apply, or retain all or any part of the Security Deposit for the payment of any rent Rent, or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so used, applied, or retained, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. The Security Deposit shall not be deemed a limitation on Landlord's damages or a payment of liquidated damages or a payment of the Monthly Rent due for the last month of the Term. If Tenant shall fully fully, faithfully, and faithfully perform timely performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall of the Security Deposit will be returned to Tenant at such time within sixty (60) days after termination the expiration of this Lease when the Term. Landlord shall have determined that all of Tenant's obligations the right to deliver the funds deposited under this Lease by Tenant to the purchaser of the Building in the event the Building is sold, and after such time Landlord shall have been fulfilledno further liability to Tenant with respect to the Security Deposit.

Appears in 4 contracts

Sources: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the its execution of this Lease. Said sum shall be held by , Tenant will deliver to Landlord as security the Security Deposit for the faithful performance by Tenant of all the terms, covenants every covenant and conditions condition of this Lease to Lease. The deposit may be kept commingled with other funds of Landlord and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultwill bear no interest. If Tenant defaults with respect to any provision covenant or condition of this Lease, Landlord including but not limited to the payment of Rent or any other charges, Landlord, at Landlord's option, may use apply the whole or any part of the Security Deposit for security deposit to the payment of any rent sum in default or any other sum in default, or for the payment of any amount which that Landlord may spend or become obligated be required to spend by reason of Tenant's default, . If Landlord elects to apply the whole or to compensate Landlord for any other loss or damage which Landlord may suffer by reason part of Tenant's security deposit to the payment of any sum, Landlord may do so without waiver of any Tenant default, and Landlord may demand that Tenant deliver a sum equal to the amount so applied by Landlord. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach deliver the sum to replenish Tenant's security deposit within ten (10) days following delivery of written demand by Landlord will constitute an additional default by Tenant under this Lease. If Tenant complies with all of the covenants and conditions of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall remaining will be returned to Tenant at such time after termination within 14 days of this Lease when Landlord shall have determined that all the expiration of Tenant's obligations under this Lease have been fulfilledthe term hereof.

Appears in 4 contracts

Sources: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease including but not limited to those set forth in Section 10 hereof, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of Rent or as a measure of LandlordTenant's damage liability for damages in case of default by Tenant's default. If Tenant defaults Landlord shall have no fiduciary responsibilities or trust obligations whatsoever with respect regard to the Security Deposit and shall not assume the duties of a trustee for the Security Deposit. Landlord may, from time-to-time, without prejudice to any provision other remedy and without waiving such default, use the Security Deposit to the extent necessary to cure or attempt to cure, in whole or in part, any default of this Lease, Landlord may use Tenant hereunder. Following any part such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant within sixty (60) days thereafter. Except If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such extent, if any, as transferee or assignee or successor thereof for the return of the Security Deposit. Landlord and its successors and assigns shall not be required bound by law, any actual or attempted assignment or encumbrance of the Security Deposit by Tenant. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledother accounts.

Appears in 3 contracts

Sources: Office/Flex Building Lease (MRS Fields Financing Co Inc), Office Lease, Office Lease (Integrated Information Systems Inc)

Security Deposit. 6.1 Tenant shall agrees to deposit the Security Deposit with Landlord upon on the execution of date it executes this Lease. Said Lease an amount equal to the monthly Rent which sum shall be held by Landlord Landlord, without obligation for interest, as security for the full, timely and faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to be kept lease, it being expressly understood and performed by Tenant and agreed that such deposit is not as an advance rental deposit or as a measure of Landlord's damage damages in case of Tenant's default. If Tenant defaults with respect Upon the occurrence of any event of default by Tenant, Landlord may, from time to time, without prejudice to any provision other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrears of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or other payments due Landlord hereunder, and any other sum in defaultdamage, injury, expense or for the payment of liability caused by any amount which Landlord may spend or become obligated to spend by reason event of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, ; and Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so amount. Although the security deposit shall be a material breach deemed the property of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general fundsLandlord, and Tenant shall not be entitled to interest on remaining balance of such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof deposit shall be returned by landlord to Tenant at such time after termination of this Lease lease when Landlord shall have determined that all of Tenant's obligations under this Lease lease have been fulfilled. Subject to the other terms and conditions contained in this lease, if the Building is conveyed by Landlord, said deposit may be turned over to Landlord's grantee, and if so, Tenant hereby releases Landlord from any and all liability with respect to said deposit and its application or return.

Appears in 3 contracts

Sources: Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc)

Security Deposit. Tenant shall agrees to deposit the Security Deposit with Landlord upon the execution sum of this Lease. Said Fifty Thousand ($50,000.00) Dollars, which sum shall be held by Landlord Landlord, without liability for interest, as security for the faithful performance by Tenant of all the termsTenant’s obligations under this Lease, covenants it being expressly understood and conditions of agreed that this Lease to be kept and performed by Tenant and security deposit is not as an advance rental deposit deposit, or as a measure of Landlord's damage ’s damages in case of Tenant's ’s default. If Upon each occurrence of a Tenant defaults with respect to any provision of this LeaseDefault (hereinafter defined), Landlord may use any all or part of the Security Deposit for security deposit to pay past due rent or other payments due Landlord under this Lease, and the payment cost of any rent other damage, injury, expense or liability caused by such Tenant Default without prejudice to any other sum in default, remedy provided herein or for the payment of any amount which Landlord may spend or become obligated to spend provided by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultlaw. If any portion is so usedOn demand, Tenant shall pay Landlord the amount that will restore the security deposit to its original amount. The security deposit shall be deemed the property of Tenant and any remaining balance of such security deposit not used by the Landlord pursuant to this Lease shall be returned by Landlord to Tenant within five sixty (560) days after written demand therefor, deposit with Landlord an amount sufficient Tenant’s obligations under the Lease have been fulfilled. Notwithstanding any terms or provisions hereof to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by itcontrary, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of in the event that Tenant terminates this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledin accordance with its terms.

Appears in 3 contracts

Sources: Ground Lease Agreement, Ground Lease Agreement (VCG Holding Corp), Ground Lease Agreement (VCG Holding Corp)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the On execution of this Lease, Tenant shall deposit with Landlord the sum specified in the Basic Lease Information (the "Security Deposit"). Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply, or retain all or any part portion of the Security Deposit for the payment of any rent Rent or any other sum charge in default, or for the payment of any amount other sum to which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof the Security Deposit, Tenant shall then within five ten (510) days after written demand therefor, therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit deposit to its original the full amount thereof, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that performs all of Tenant's obligations under this Lease have hereunder, the Security Deposit, or so much thereof as has not theretofore been fulfilledapplied by Landlord, shall be returned, without payment of interest for its use, to Tenant (or, at Landlord's option to the last assignee, if any, of Tenant's interest hereunder) at the expiration of the Term, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to the Security Deposit.

Appears in 3 contracts

Sources: Sublease Agreement (Cerent Corp), Full Service Lease (Cerent Corp), Office Lease (MCB Financial Corp)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord ZERO DOLLARS as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of Fixed Base Rent, additional rent and other charges, Landlord may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any such rent or any other sum in default, or for the payment payments of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount amount, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant without interest at such time after termination the expiration of this the Lease when Landlord shall have determined that all of Term and upon Tenant's obligations under this Lease have been fulfilledvacation of the Premises.

Appears in 3 contracts

Sources: Lease Agreement (Dominion Homes Inc), Lease Agreement (Dominion Homes Inc), Lease Agreement (Dominion Homes Inc)

Security Deposit. Tenant shall deposit pay to Landlord a "Security Deposit" in the Security Deposit with Landlord amount of XXXXXXX upon the execution of this Lease. Said sum The Security Deposit shall be held by Landlord Landlord, without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage damages in case of Tenant's defaultdefault by ▇▇▇▇▇▇. If Tenant defaults Landlord may commingle the Security Deposit with respect ▇▇▇▇▇▇▇▇' s other funds. Landlord may, from time to time, without prejudice to any provision other remedy, use the Security Deposit to the extent necessary to make good any arrearages of this Lease, Landlord may use rent or to satisfy any part other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the Termination of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the balance of the Security Deposit separate from its general funds, and Tenant remaining after any such application shall not be entitled returned by Landlord to interest on such depositTenant. If Tenant shall fully and faithfully perform every provision Landlord transfers its interest in the Premises during the Term of this Lease to be performed by itLease, Landlord may assign the Security Deposit or any balance thereof to the transferee and thereafter shall be returned have no further liability for the return of such Security Deposit. Under no circumstances may Tenant use this deposit to Tenant at such time after termination pay rent, including rent for the last month of this Lease when Landlord shall have determined that all lease. The rent must be paid on or before the tenth day of Tenant's obligations under this Lease have been fulfilledeach month, including the last month of occupancy.

Appears in 3 contracts

Sources: Executive Suite Lease Agreement, Lease Agreement, Lease Agreement

Security Deposit. Tenant shall deposit $115,083.33 payable on the Effective Date (the “Security Deposit”). Upon the occurrence of any Event of Default (as hereinafter defined) by Tenant, Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit with paid to Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant as herein provided to the extent necessary to make good any arrears of all the termsRent (as hereinafter defined) and any other damage, covenants and conditions injury, expense or liability caused to Landlord by such Event of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultDefault. If Tenant defaults with respect to Following any provision of this Lease, Landlord may use any part such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original the amount and Tenant's failure thereof existing prior to do so such application. Any remaining balance of the Security Deposit shall be a material breach returned by Landlord to Tenant within thirty (30) days after the termination of this Lease. Except to such extentLease Agreement; provided, if any, as shall be required by lawhowever, Landlord shall have the right to retain and expend such remaining balance (a) to reimburse Landlord for any and all rentals or other sums due hereunder that have not be required been paid in full by Tenant and/or (b) reasonable costs for cleaning and repairing the Leased Premises if Tenant shall fail to keep deliver same at the Security Deposit separate from its general funds, termination of this Lease in a broom clean condition and otherwise in accordance with the terms and conditions of this Lease Agreement. Tenant shall not be entitled to any interest on such the security deposit. If Tenant Such security deposit shall fully and faithfully perform every provision not be considered an advance payment of this Lease to be performed rental or a measure of Landlord’s damages in case of an Event of Default by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 3 contracts

Sources: Lease Agreement (Foundation Healthcare, Inc.), Lease Agreement (University General Health System, Inc.), Lease Agreement (University General Health System, Inc.)

Security Deposit. As of the Lease Date, Tenant shall deposit has deposited the Security Deposit with Landlord upon the execution referred to in Article 1 of this Lease. Said sum shall be held by Lease with Landlord as security for the faithful full, faithful, and timely performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults an Event of Default occurs with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Rent, Landlord may use use, apply, or retain all or any part of the Security Deposit for the payment of any rent Rent, or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of the Security Deposit is so used, applied, or retained, Tenant shall shall, within five (5) days after written demand therefordemand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall will not be required to keep the Security Deposit separate from its general funds, and Tenant shall will not be entitled to interest on such depositthe Security Deposit. If Tenant The Security Deposit shall fully and faithfully perform every provision not be deemed a limitation on Landlord’s damages or a payment of this Lease to be performed by itliquidated damages or a payment of the Base Rent due for the last month of the Term. The Security Deposit, or any balance of the Security Deposit after application or any balance thereof shall retention as described herein, will be returned to Tenant at such time within 45 days after termination the expiration of this Lease when the Term. Landlord shall have determined that all of Tenant's obligations may deliver the funds deposited under this Lease by Tenant to the purchaser of the Building in the event the Building is sold, and after such time Landlord will have been fulfilledno further liability to Tenant with respect to the Security Deposit.

Appears in 3 contracts

Sources: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution sum of this LeaseTen Thousand U.S. Dollars ($10,000) on or before the Commencement Date. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions terms of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may use apply any part of the Security Deposit for this security deposit to the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of the security deposit is so usedapplied, Tenant shall within five (5) days after written demand therefor, immediately deposit cash with Landlord an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such the security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination Landlord’s option, to the last assignee of this Tenant’s interest hereunder) within thirty (30) days following expiration of the Lease when term and surrender of the Premises by Tenant. In the event the Premises is sold, Landlord shall have determined that all transfer the security deposit to the purchaser and Landlord shall be relieved of Tenant's obligations under this Lease have been fulfilledany further liability to Tenant regarding the security deposit.

Appears in 2 contracts

Sources: Lease (Nivalis Therapeutics, Inc.), Lease (Nivalis Therapeutics, Inc.)

Security Deposit. Tenant shall deposit has deposited the Security Deposit sum of $ (not to exceed 1 month’s rent) with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for to secure the faithful performance by Tenant of all covenants, conditions and agreements contained in this Lease and Sublease Agreement. It is covenanted and agreed that this security deposit shall not be considered trust funds and that the Landlord may deposit the same in any bank or depository selected by said Landlord, and may commingle it with other funds. Landlord need not account for any interest earned on said deposit during the term of this Lease and Sublease Agreement. If Tenant defaults in any of the terms, covenants and conditions of this Lease or agreement contained herein to be kept and performed by Tenant and not as an advance rental Tenant; Landlord may apply that portion of the secured deposit or as a measure of Landlord's damage in case of Tenant's to cure such default. If Tenant defaults with respect to any provision said security deposit shall not equal the amount of this Lease, such damage the Landlord may use any part apply said deposit as partial settlement of the Security Deposit for the payment of any rent or any other sum in defaultsuch damage, or for the payment of any amount which Landlord may spend or become obligated to spend but by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, doing Landlord shall not be required to keep precluded from pursuing other remedies or rights. Upon the Security Deposit separate from its general fundsfaithful performance by the Tenant of all the covenants, conditions and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease agreements contained herein to be performed by itTenant, and upon the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of the term of this Lease when and Sublease Agreement, unless such term shall have been terminated by the Landlord or Landlord’s agents because of a default by Tenant, the Landlord shall have determined that all pay over to Tenant a sum of Tenant's obligations under this Lease have been fulfilledmoney equal in amount of said deposit within fifteen (15) days after such termination. (NOTE: The State’s Residential Landlord and Tenant Act respecting security deposits should be consulted by the parties.)

Appears in 2 contracts

Sources: Lease and Sublease Agreement, Lease and Sublease Agreement

Security Deposit. Landlord acknowledges that Tenant shall deposit has deposited with Landlord the Security Deposit with Landlord upon referenced in the execution of this Lease. Said sum shall be held by Landlord as security for Schedule (the faithful performance by Tenant of all the terms“Security Deposit”), covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore apply the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of any delinquent Rent due Landlord under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully the Security Deposit, and faithfully perform every provision of this Lease to be performed by it, Landlord may commingle the Security Deposit or with other funds of Landlord. Furthermore, Landlord at its option may apply such part of the Security Deposit as may be necessary to cure any balance thereof shall be returned default by Tenant under this Lease, and if Landlord does so, Tenant shall, upon demand, redeposit with Landlord an amount equal to Tenant that amount so applied so that Landlord will have the full Security Deposit on hand at such time after all times during the Term of this Lease. Upon the termination of this Lease when Lease, provided Tenant is not in default hereunder, Landlord shall refund to Tenant any of the then remaining balance of the Security Deposit without interest. In the event of a sale or leasing of the Building referenced in the Schedule (the “Building”) or the real property on which the Building is located, Landlord shall have determined that the right to transfer the Security Deposit to the vendee or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit and Tenant agrees to look to the new lessor solely for the return of the Security Deposit. The provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new lessor.

Appears in 2 contracts

Sources: Retail Lease Agreement, Retail Lease Agreement (Franklin Financial Network Inc.)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord Twenty-Four Thousand Six Hundred Sixty-Seven Dollars ($24,667.00), as security for the full and faithful performance of Tenant’s obligations under this Lease. The parties agree that, unless otherwise required by Tenant of all the termslaw, covenants and conditions of this Lease Landlord shall not be required to keep said security deposit separate from its general funds, nor pay any interest thereon to Tenant. Such security deposit shall not be kept and performed by Tenant and not construed as an advance rental deposit Rent payment, or as a measure of Landlord's damage ’s damages in case the event of a Default by Tenant's default. If Tenant defaults should be placed in Default with respect to any provision of this Lease, Landlord may use any part apply all or a portion of the Security Deposit said security deposit for the payment of any rent or any other sum in default, Default or for the payment of any amount which Landlord may spend or become obligated to spend expends by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuch Default. If any portion of said deposit is so usedapplied, Tenant shall deposit with Landlord, within five (5) days after receipt of Landlord’s written demand therefordemand, deposit with Landlord an amount sufficient to restore the Security Deposit said security deposit to its original amount and Tenant's failure to do so shall be a material breach amount. Upon the expiration of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required return said security deposit to keep the Security Deposit separate from its general fundsTenant, provided Tenant has paid to Landlord all sums owing to Landlord under this Lease, and Tenant shall not be entitled has returned the Premises to interest on such deposit. If Landlord in or as good order and satisfactory condition as when Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledtook possession.

Appears in 2 contracts

Sources: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp), Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)

Security Deposit. $27,144.33 payable on the Effective Date. Upon the occurrence of any Event of Default, Landlord may, from time to time, without prejudice to any other remedy, use the security deposit paid to Landlord by Tenant as herein provided to the extent necessary to make good any arrears of Rent (as hereinafter defined) and any other damage, injury, expense or liability caused to Landlord by such Event of Default. Following any such application of the security deposit, Tenant shall pay to Landlord within ten (10) days of demand the amount so applied in order to restore the security deposit to the Security Deposit with Landlord upon amount thereof existing prior to such application. Any remaining balance of the execution of this Lease. Said sum security deposit shall be held returned by Landlord as security for to Tenant within sixty (60) days after the faithful performance by Tenant of all the terms, covenants and conditions termination of this Lease Agreement and after Tenant provides written notice to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case Landlord of Tenant's default. If Tenant defaults with respect to any provision of this Lease’s forwarding address; provided, however, Landlord may use any part of shall have the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated right to spend by reason of Tenant's default, or retain and expend such remaining balance (a) to compensate reimburse Landlord for any and all rentals or other loss or damage which Landlord may suffer sums due hereunder that have not been paid in full by reason of Tenant's default. If any portion is so used, Tenant and/or (b) for cleaning and repairing the Leased Premises if Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient fail to restore deliver same at the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach termination of this LeaseLease Agreement in a neat and clean condition and in as good a condition as existed at the date of possession of same by Tenant, ordinary wear and tear and casualty loss only excepted. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such the security deposit. If Tenant Such security deposit shall fully and faithfully perform every provision not be considered an advance payment of this Lease to be performed rental or a measure of Landlord’s damages in case of an Event of Default by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Sources: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)

Security Deposit. Tenant shall deposit the Security Deposit 12.1 Simultaneously with Landlord upon the Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security Deposit as stated in the Rider. Said sum Landlord shall not be required to maintain the Security Deposit in a separate account. Except as may be required by law, Tenant shall not be entitled to interest on the Security Deposit. The Security Deposit shall be held by Landlord as security for the faithful Tenant’s performance by Tenant of all the terms, covenants and conditions of its obligations under this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure Lease. Within three (3) business days after written notice of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may ’s use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedthereof, Tenant shall within five (5) days after written demand therefor, deposit with Landlord cash in an amount sufficient to restore the Security Deposit to its original amount prior to such use, and Tenant's ’s failure to do so shall be constitute a material breach default hereunder. Within approximately thirty (30) days after the later of (a) the expiration or earlier termination of the Lease Term, or (b) Tenant’s vacating the Premises, Landlord shall return the Security Deposit less such portion thereof as Landlord shall have used to satisfy Tenant’s obligations under this Lease. Except If Landlord transfers the Security Deposit to any transferee of the Building or Landlord’s interest therein, then such extent, if any, as transferee shall be required by lawliable to Tenant for the return of the Security Deposit, and Landlord shall be released from all liability for the return of the Security Deposit. The holder of any Mortgage shall not be required to keep liable for the return of the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on unless such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, Mortgage holder actually receives the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledDeposit.

Appears in 2 contracts

Sources: Lease Agreement (Pc Connection Inc), Lease Agreement (LifeWatch Corp.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord the sum of None upon commencement of the execution term of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of including, but not limited to the Security Deposit for provisions relating to the payment of any rent, Landlord may (but shall not be required to) use, apply or retain rent or any other sum in default, default or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned [illegible] to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 2 contracts

Sources: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)

Security Deposit. Tenant shall deposit the Security Deposit Six Hundred and 00/100 dollars ($600.00) with Landlord upon the execution of entering this Lease. Said sum shall be held by Landlord as The deposit is security for the faithful performance by Tenant of all this lease. The deposit will serve as a fund from which Landlord has the termsoption to obtain partial or full reimbursement for any amounts that Tenant is obligated to pay as rent, covenants and conditions utility payments, damages, or otherwise under this Lease or under the law. Landlord may obtain such reimbursement without prejudicing any other available remedies or rights, including Landlord's right to possession of the premises for nonpayment of rent. In the event that Landlord obtains any reimbursement out of the deposit fund, upon notice Tenant shall immediately redeposit the same amount so that the total security deposit remains unchanged. If Landlord repossesses the premises because of abandonment, default or breach of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part apply the security deposit to all damages suffered to the date of repossession. Landlord may also retain the balance of the Security Deposit for security deposit to apply to damages that may accrue or be suffered after the payment date of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend repossession by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except Landlord will return the security deposit less permissible itemized deductions to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant. Tenant shall not be entitled forfeit any amount of the security deposit that Landlord is otherwise obligated to interest on such depositrefund if Tenant fails to provide a correct forwarding address. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, In no event will the Security Deposit or any balance thereof shall security deposit be returned until Tenant has vacated the premises and delivered possession to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLandlord.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the Upon execution of this Lease. Said sum , Tenant shall deposit with Landlord the Security Deposit defined in Section I. above, which shall be held by for Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept Lease. It is expressly understood and performed by Tenant and agreed that such deposit is not as an advance rental deposit payment or as a measure of Landlord's damage damages in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of including, but not limited to, the Security Deposit for provisions relating to the payment of any rent or the obligation to repair and maintain the Premises or to perform any other sum in defaultterm, covenant or condition contained herein, Landlord may (but shall not be required to), without prejudice to any other remedy provided herein or provided by law and without notice to Tenant, use the Security Deposit, or for any portion of it, to cure the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which all damages sustained by Landlord may suffer by reason of resulting from Tenant's default. If any portion is so used, Tenant shall within five (5) days after written immediately on demand thereforpay to Landlord a sum equivalent to the portion of the Security Deposit so expended or applied by Landlord as provided in this paragraph so as to maintain the Security Deposit in the sum initially required to be deposited with Landlord. Although the Security Deposit shall be deemed the property of Landlord, deposit with if Tenant is not in default at the expiration or earlier termination of this Lease, Landlord an amount sufficient to restore shall return the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach Tenant within thirty (30) days of the termination of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general fundsfunds and Landlord, and Tenant not Tenant, shall not be entitled to interest all interest, if any, accruing on any such deposit. If Tenant Upon any sale or transfer of its interest in the Building, Landlord shall fully and faithfully perform every provision of this Lease to be performed by it, transfer the Security Deposit or any balance thereof to its successor in interest and thereupon, Landlord shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledreleased from any liability or obligation with respect thereto.

Appears in 2 contracts

Sources: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord pay to Landlord, immediately upon the execution of this Lease. Said , the sum shall be held by Landlord specified in the Basic Lease Provisions as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. No trust relationship is created hereby with respect to such security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to the Tenant (or at such time after termination of this Lease when Landlord shall have determined that all the Landlord's option, to the last assignee of Tenant's obligations under this Lease have been fulfilledinterests hereunder) within thirty (30) days upon expiration of the Term.

Appears in 2 contracts

Sources: Office Building Lease (Convera Corp), Office Building Lease (Convera Corp)

Security Deposit. Tenant shall deposit the Security Deposit deposit, with Landlord upon the execution of this Lease. Said sum shall be held by Landlord Landlord, as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not ▇▇▇▇▇▇, those sums which, in total, are stated in the Basic Lease Provisions as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultthe “Security Deposit”. If Tenant defaults with respect to any provision provisions or covenants of this Lease, including, but not limited to, the provisions of this Lease relating to the payment of Rent, Landlord may use use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum Rent in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five ten business (5510) days after written demand therefor, deposit cash with Landlord an amount in amounts sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach an event of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its general funds, funds and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination both (i) the expiration of the Term, and (ii) Tenant’s return of possession and control of the Premises to Landlord in keeping with Section 21.3 of this Lease when Landlord shall have determined that all Lease. Tenant expressly waives the provisions of TenantSection 1950.7 of the California Civil Code, as amended or recodified from time to time, relating to Landlord's obligations under this Lease have been fulfilledin connection with security deposits.

Appears in 2 contracts

Sources: Retail Lease Agreement, Retail Lease Agreement

Security Deposit. Simultaneous with Tenant’s execution and delivery of this Lease to Landlord, Tenant shall deposit pay the Security Deposit stated in the Basic Lease Terms. The Security Deposit shall be a debt from Landlord to Tenant. Landlord may commingle the Security Deposit with its funds and shall have no obligation to pay any interest on the Security Deposit. Landlord upon shall have the execution right to offset against the Security Deposit any sums owing from Tenant to Landlord and not paid when due, any damages caused by Tenant’s default, the cost of curing any default by Tenant should Landlord elect to do so, and the cost of performing any repair, maintenance or cleanup that is the responsibility of Tenant under this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of Offset against the Security Deposit for shall not be an exclusive remedy in any of the payment of any rent or above cases but may be invoked by Landlord, at its option, in addition to any other sum in defaultremedy provided by law or this Lease for Tenant’s nonperformance. Landlord shall give notice to Tenant each time an offset is claimed against the Security Deposit, or for and unless the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion Lease is so usedterminated, Tenant shall within five twenty (520) days after written demand therefor, such notice deposit with Landlord an a sum equal to the amount sufficient to restore of the Security Deposit to its original amount and offset so that the total deposit amount, net of offset, shall remain constant throughout the Lease Term. Tenant's ’s failure to do so make such deposit after offset shall be a material breach of default under this Lease. Except to Any remaining balance of such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned by Landlord to Tenant (or, at such time after Landlord’s option, to the last assignee of Tenant) within sixty (60) days of the expiration or termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledthe Lease.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease (Lionbridge Technologies Inc /De/)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease including but not limited to those set forth in Paragraph 10 hereof, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure of LandlordTenant's damage liability for damages in case of default by Tenant. Landlord may commingle the Security Deposit with Landlord's defaultother funds. If Tenant defaults with respect Landlord may, from time to time, without prejudice to any provision other remedy, use the Security Deposit to the extent necessary to make good any arrearages of this Lease, Landlord may use rent or to satisfy any part other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the termination of this Lease. Except to , the balance of the Security Deposit remaining after any such extent, if any, as application shall be required returned by lawLandlord to Tenant. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord shall not be required to keep assign the Security Deposit separate from to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee or successor thereof for the return of the Security Deposit. Landlord and its general funds, successors and Tenant assigns shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision bound by any actual or attempted assignment or encumbrance of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of by Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Sources: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)

Security Deposit. Tenant shall deposit the 31.1 The Security Deposit with Landlord set forth in the Schedule is due from Tenant upon the Tenant’s execution and delivery of this Lease. Said sum shall , and will be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant’s covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the Security Deposit will not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage Tenant’s damages in case of default by Tenant's default. If Tenant defaults with respect . 31.2 Landlord may, from time to time without prejudice to any provision other remedy, use the Security Deposit to the extent necessary to make good any arrearages of this Lease, Landlord may use rent or to satisfy any part other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written will pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. amount. 31.3 If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, is not in default at the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that and has fulfilled all of Tenant's its obligations under this Lease, the balance of the Security Deposit remaining after any such application will be returned by Landlord to Tenant. 31.4 If Landlord transfers its interest in the Premises during the Lease Term, Landlord may assign the Security Deposit to the transferee and thereafter Landlord will have been fulfilledno further liability for the return of such Security Deposit.

Appears in 2 contracts

Sources: Office Lease Agreement (Liquid Holdings Group LLC), Office Lease Agreement (Liquid Holdings Group LLC)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon Upon the execution of this Lease, Tenant shall deposit with Landlord the letter of credit Security Deposit. Said sum deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions terms of this Lease by said Tenant to be kept observed and performed by Tenant performed. If the Rent payable hereunder shall be overdue and not as an advance rental deposit unpaid or as a measure of Landlord's damage in case should Landlord make payments on behalf of Tenant's default. If , or Tenant defaults with respect shall fail to perform any provision of its covenants, agreements and obligations set forth in this Lease, then Landlord may, at it option and without prejudice to any other remedy which Landlord may use any part have on account thereof after the expiration of the all applicable notice and cure periods, appropriate and apply said Security Deposit for or so much thereof as may be necessary to compensate Landlord toward the payment of any rent Rent or any other sum in default, sums or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which sustained by Landlord may suffer by reason due to such breach on the part of Tenant's default. If any portion is so used, ; and Tenant shall forthwith within five ten (510) days after written upon demand therefor, deposit with Landlord an amount sufficient to restore the said Security Deposit to its the original amount and Tenant's failure to do so shall be a material breach of this Leasesum deposited. Except to such extent, if any, as shall be required by law, Landlord shall Should Tenant not be required to keep in default as of the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision end of this Lease to be performed by itthe Term, the Security Deposit or any balance thereof shall be returned in full to Tenant at the end of the Term and surrender of the Premises to Landlord in the condition required hereunder. In the event of bankruptcy or other creditor-debtor proceedings against Tenant, all securities shall be deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledproceedings.

Appears in 2 contracts

Sources: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)

Security Deposit. Tenant shall deposit has deposited the Security Deposit (as defined in paragraph 1 (g) hereof) with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance and observance by Tenant of the terms of this Lease. It is agreed that in the event Tenant defaults in respect of any of such terms, Landlord may use the whole or any part of the Security Deposit to the extent required for the payment of any rent and additional rent or any other sum as to which Tenant is in default or for any sum which Landlord may expend or may be required to expend by reason of Tenant's default in respect of any of such terms of this Lease. In the event of a sale or lease of the Building, Landlord shall have the right to transfer the Security Deposit to the vendee or lessee, and Landlord shall thereupon be released by Tenant from all liability for the return of the Security Deposit; and Tenant agrees to look solely to the new Landlord for the return of the Security Deposit. The provisions hereof shall apply to every transfer or assignment made of the Security Deposit to a new Landlord. In the event that Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination the date fixed as the end of this the Lease when and after delivery of possession of the Premises to Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledas provided herein.

Appears in 2 contracts

Sources: Office Lease Agreement (American Community Properties Trust), Office Lease Agreement (American Community Properties Trust)

Security Deposit. Tenant shall submit a security deposit to Landlord of $ for the Security Deposit with Landlord upon the execution performance of Tenant of all Tenant’s Obligations contained in this Lease. Said sum shall be held Deposit is due immediately upon the signing of the Agreement. In the event of a Default (as defined below) by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use apply all or any part of the Security Deposit for the payment of any rent to cure all or any other part of such default; provided, however, that any such application by Landlord shall not be or be deemed to be an election of remedies by Landlord or considered or deemed to be liquidated damages. ▇▇▇▇▇▇ agrees promptly, upon demand, to deposit such additional sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an as may be required to maintain the full amount sufficient of the Security Deposit. All sums held by Landlord pursuant to restore this Article 4 shall be without interest and may be commingled by Landlord. At the end of the Lease Term, provided that there is then no uncured Default or any repairs required to be made by Tenant pursuant to Article 3.5 above or Article 5 below, Landlord shall return the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach , within ninety (90) days of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit expiration or any balance thereof shall be returned to Tenant at such time after termination of this Lease when the Agreement. Moreover, Tenant is responsible to cure at its expense or reimburse Landlord shall have determined that all of Tenant's obligations for any expenses to correct any deficiency for which Tenant is responsible under this Lease have been fulfilledif presented with a copy of the invoice within sixty (60) days of the expiration or termination of the Lease. Tenant is responsible to cure or pay the Landlord within thirty (30) days of the Landlord submitting the itemized invoice.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. $76,460.98 payable on the Effective Date. Upon the occurrence of any Event of Default, Landlord may, from time to time, without prejudice to any other remedy, use the security deposit paid to Landlord by Tenant as herein provided to the extent necessary to make good any arrears of Rent (as hereinafter defined) and any other damage, injury, expense or liability caused to Landlord by such Event of Default. Following any such application of the security deposit, Tenant shall pay to Landlord within ten (10) days of demand the amount so applied in order to restore the security deposit to the Security Deposit with Landlord upon amount thereof existing prior to such application. Any remaining balance of the execution of this Lease. Said sum security deposit shall be held returned by Landlord as security for to Tenant within sixty (60) days after the faithful performance by Tenant of all the terms, covenants and conditions termination of this Lease Agreement and after Tenant provides written notice to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case Landlord of Tenant's default. If Tenant defaults with respect to any provision of this Lease’s forwarding address; provided, however, Landlord may use any part of shall have the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated right to spend by reason of Tenant's default, or retain and expend such remaining balance (a) to compensate reimburse Landlord for any and all rentals or other loss or damage which Landlord may suffer sums due hereunder that have not been paid in full by reason of Tenant's default. If any portion is so used, Tenant and/or (b) for cleaning and repairing the Leased Premises if Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient fail to restore deliver same at the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach termination of this LeaseLease Agreement in a neat and clean condition and in as good a condition as existed at the date of possession of same by Tenant, ordinary wear and tear and casualty loss only excepted. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such the security deposit. If Tenant Such security deposit shall fully and faithfully perform every provision not be considered an advance payment of this Lease to be performed rental or a measure of Landlord’s damages in case of an Event of Default by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Sources: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the On execution of this Lease. Said , Tenant shall deposit with Landlord the sum shall be held by Landlord set forth in the Basic Lease Information, in cash, as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of obligations under this Lease, . Landlord may (but shall have no obligation to) use any part of the Security Deposit for the payment of any rent security deposit or any other sum in default, or for the payment portion thereof to cure any Event of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, Default under this Lease or to compensate Landlord for any other loss or damage which Landlord may suffer by reason incurs as a result of Tenant's defaultfailure to perform any of Tenant's obligations hereunder. If any portion is so used, In such event Tenant shall within five (5) days after written demand therefor, deposit with immediately pay to Landlord an amount sufficient to restore replenish the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach the sum initially deposited with Landlord. At the expiration or termination of this Lease, Landlord shall return to Tenant such portion of the security deposit or the balance thereof then held by Landlord and not applied as provided above. Except to such extentLandlord may commingle the security deposit with Landlord's general and other funds, if any, as shall be required by law, and Landlord shall not be required to keep pay interest on the Security Deposit separate from its general funds, and Tenant security deposit to Tenant. The immediately preceding sentence shall not be entitled apply to interest on such deposit. If Tenant shall fully and faithfully perform every provision any amounts drawn down under the Letter of this Lease to be performed by it, Credit (defined in Paragraph 2 of the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledAdditional Provisions Rider attached hereto as Exhibit D).

Appears in 2 contracts

Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon on the date of the execution of this Lease. Said Lease the sum shall be held by Landlord set forth in Item 7 of the Basic Lease Provisions as security for the full and faithful performance by Tenant of all the terms, Tenant's covenants and conditions of this Lease to obligations hereunder. Such security deposit shall not bear interest and shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure or limitation of Landlord's damage damages in case of default by Tenant's default. If In the event Tenant defaults with respect to in the performance of any provision of this Lease, Landlord may use any part of the Security Deposit for covenants or obligations to be performed by it hereunder, including but not limited to the payment of any rent or to be paid hereunder, Landlord may, from time to time, without prejudice to any other remedy, use such security deposit to the extent necessary to make good any arrearages in rent or in any sum as to which Tenant is in default, default or for the payment of any amount which Landlord may spend or become otherwise obligated to spend by reason of Tenant's default, or pay hereunder and to compensate Landlord pay for any other loss damage, injury, expense or liability caused to Landlord by such default, whether such damage which Landlord or deficiency may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days accrue before or after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach termination of this Lease. Except to Following any such extentapplication of the security deposit, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not pay and be entitled obligated to interest pay to Landlord on such depositdemand the amount so applied in order to restore the security deposit to its original amount. If Tenant shall fully and faithfully perform every provision of is not in default hereunder on the date on which this Lease to be performed by itis terminated (the "Expiration Date"), any remaining balance of the Security Deposit or any balance thereof security deposit shall be returned by Landlord to Tenant at such time within thirty (30) days of the Expiration Date and after termination delivery by Tenant of possession of the Building to Landlord in accordance with the terms and conditions of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 2 contracts

Sources: Office Building Lease (Allstar Systems Inc), Office Building Lease (I Sector Corp)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease. Said , Tenant shall pay to Landlord, the sum specified in the Basic Lease Information, which sum shall be held by Landlord as a security deposit for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant. Tenant agrees that Landlord may apply the security deposit to remedy any failure by Tenant to repair or maintain the Premises or to perform any other terms, covenants and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultconditions contained herein. If Tenant defaults with respect to any provision shall perform all terms, covenants and conditions of this LeaseLease during the Term, Landlord may will, within thirty (30) days after the termination hereof, return the security deposit to Tenant. If Landlord shall use any part portion of the Security Deposit for the payment of security deposit to cure any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend default by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedTenant hereunder, Tenant shall within five ten (510) days after of written demand therefor, by Landlord replenish the security deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach default of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit security deposit separate from its general funds, funds and Tenant shall not be entitled to interest on any such deposit. If Tenant shall fully and faithfully perform every provision Upon the occurrence of any events of default described in Paragraph 19 of this Lease the security deposit shall become due and payable to be performed by itLandlord to the extent required to compensate Landlord for damages incurred, the Security Deposit or to reimburse Landlord as provided herein, in connection with any balance thereof shall be returned to Tenant at such time after termination event of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilleddefault.

Appears in 2 contracts

Sources: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease-0- Dollars. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilled.Lease, Landlord shall transfer said deposit to Landlord's successor in interest. 33

Appears in 2 contracts

Sources: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of Tenant's obligations under this Lease to be kept and performed by Tenant and Lease. The Security Deposit is not as an advance rental deposit or as a measure of Landlord's damage damages in case of Tenant's default. If Tenant defaults with respect to any provision Upon each occurrence of this Leasean Event of Default (hereinafter defined), Landlord may use any all or part of the Security Deposit for to pay delinquent payments due under this Lease, and the payment cost of any rent damage, injury, expense or liability caused by such Event of Default, without prejudice to any other sum in default, remedy provided herein or for the payment of any amount which Landlord may spend or become obligated to spend provided by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultlaw. If any portion is so used, Tenant shall within five (5) days after written pay Landlord on demand therefor, deposit with Landlord an the amount sufficient to that will restore the Security Deposit to its original amount and Tenantamount. Landlord's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep obligation respecting the Security Deposit separate from its general fundsis that of a debtor, and Tenant not a trustee; no interest shall not be entitled to interest on such depositaccrue thereon. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the The Security Deposit or shall be the property of Landlord, but any balance thereof which has not been used in accordance with this Paragraph 5 shall be returned paid to Tenant at such time after termination of this Lease when Landlord shall have determined that all of provided Tenant's obligations under this Lease have been fulfilledcompletely fulfilled within thirty (30) days after expiration or sooner termination of this Lease. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlord's obligations under this Paragraph 5. So long as Tenant is not in default hereunder, upon the release of the Security Deposit to Tenant, Landlord shall pay Tenant 3% on the cash portion of the Security Deposit.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Celerity Group Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Leaselease, Tenant has deposited with the Landlord a sum of $1,500.00 as security deposit. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants convenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term thereof. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of on Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied Tenant shall, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's Tenants failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, the last assignee of Tenant's obligations under interest hereunder) within ten (10) days following expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 2 contracts

Sources: Commercial Lease (Northern Empire Bancshares), Commercial Lease (Northern Empire Bancshares)

Security Deposit. Tenant shall pay to Landlord a security deposit in the Security Deposit with amount set forth in Section 1 hereof which Landlord upon the execution of this Lease. Said sum shall be held by Landlord will hold as security for the faithful performance by Tenant of all the terms, its covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of agreements under this Lease. In no event shall Landlord be obliged to apply same to rents or other charges in arrears or damages for Tenant’s default hereunder, but Landlord may use any part so apply the security deposit at its option following the expiration of all applicable notice and cure periods. Landlord’s right to possession of the Security Deposit Premises for Tenant’s default (following the payment expiration of any rent all applicable notice and cure periods) or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep affected by the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such fact that Landlord holds said security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed The security deposit, if not so applied by itLandlord, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination of this Lease when terminates, provided that Tenant shall have vacated the Premises and delivered the same to Landlord, as herein provided. In the event of any transfer of Landlord’s interest in the Premises, Landlord shall have determined that the right to transfer its interest in the security deposit, whereupon Landlord shall be released of all liability with respect to such security deposit, and Tenant shall look solely to such transferee for the return of Tenant's obligations under this Lease have been fulfilledsame.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)

Security Deposit. A deposit (the "Security Deposit") in the amount set forth in Section H on page 2 shall be paid by Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum Lease and shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure of Landlord's damage damages in case of default by Tenant's default. If Tenant defaults with respect Upon the occurrence of any breach or default under this Lease by Tenant, Landlord may, from time to time, without prejudice to any provision of this Leaseother remedy, Landlord may use any part of the Security Deposit for or any portion thereof to the payment extent necessary to make good any arrearages of any rent or any other sum in defaultdamage, injury, expense, or for the payment of any amount which liability caused to Landlord may spend by such breach or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If Following any portion is so usedapplication of the Security Deposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and amount. In the event of bankruptcy or other debtor relief proceedings by or against Tenant's failure to do so , the Security Deposit shall be a material breach deemed to be applied first to the payment of this Leaserent and other charges due Landlord, in the order that such rent or charges became due and owing, for all periods prior to filing of such proceedings. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after Upon termination of this Lease when any remaining balance of the Security Deposit shall be returned by Landlord shall have determined that all to Tenant within 14 days after termination of Tenant's obligations under this Lease have been fulfilledtenancy.

Appears in 2 contracts

Sources: Lease (Integrated Communication Networks Inc), Office Lease (Pac-West Telecomm Inc)

Security Deposit. The Tenant shall deposit has deposited, or forthwith following execution and delivery of this Lease by the Landlord will deposit, with the Landlord the Security Deposit. The Security Deposit with Landlord upon the execution of this Lease. Said sum shall will be held by the Landlord as security for the faithful performance by the Tenant of all of the terms, covenants and conditions provisions of this Lease to be kept and performed or observed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of the Tenant's default. If the Tenant fails to pay Rent or otherwise defaults with respect to any provision of this Lease, the Landlord may use use, apply or retain all or any part portion of the Security Deposit for the payment of any rent or any other sum Rent in default, or for the payment of any amount which other expense that the Landlord may spend or become obligated to spend incur by reason of the Tenant's ’s default, or to compensate the Landlord for any other loss or damage which that the Landlord may suffer by reason of Tenant's defaultthereby. If the Landlord so uses or applies all or any portion is so usedof the Security Deposit, the Tenant shall will within five (5) 10 days after written demand therefor, therefor deposit cash with the Landlord in an amount sufficient to restore the Security Deposit to its original the full amount and Tenant's failure to do so shall be a material breach of this Leasethereof. Except to such extent, if any, as shall be required by law, The Landlord shall will not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If the Tenant shall fully and faithfully perform every provision performs all of this Lease to be performed by itthe Tenant’s obligations hereunder, the Security Deposit Deposit, or any balance so much thereof shall as has not theretofore been applied by the Landlord, will be returned returned, without payment of interest or other increment for its use, to the Tenant at such time the expiration of the Term, and after termination the Tenant has vacated the Premises in accordance with the provisions of this Lease when Lease. No trust relationship is created herein between the Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledand the Tenant with respect to the Security Deposit.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the Upon execution of this Lease, Tenant shall pay to Landlord a security deposit in the amount set forth in Paragraph 7(c) of the Fundamental Lease Provisions. Said Such sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, including, without limitation, the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit for security deposit to the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the security deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and shall not be deemed a trustee of the security deposit. Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer any remaining balance of such deposit to Landlord's successor in interest.

Appears in 2 contracts

Sources: Professional Office Building Lease (More Com Inc), Professional Office Building Lease (More Com Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as As security for the full and faithful performance by Tenant of all the terms, covenants and conditions every covenant or condition of this Lease to be kept and performed by Tenant, Tenant and not as an advance rental deposit or as a measure has paid to Landlord the Security Deposit of Landlord's damage in case -0- , receipt of Tenant's defaultwhich is hereby acknowledged. If Tenant defaults shall default with respect to any provision covenant or condition of this Lease, including but not limited to the payment of Rent, Additional Rent or any other payment due under this Lease, Landlord may use any apply all or part of the Security Deposit for to the payment of any rent sum in default or any other sum in default, or for the payment of any amount which Landlord may be required to spend or become obligated to spend incur by reason of Tenant's default, or to compensate Landlord for any other loss or damage sum which Landlord may suffer in its reasonable discretion deem necessary to spend or incur by reason of Tenant's default. If any portion is so usedIn such event, Tenant shall upon demand deposit with Landlord the amount so applied to replenish said Security Deposit. If Tenant shall have fully complied with all of the covenants and conditions of this Lease, but not otherwise, the amount of the Security Deposit then held by Landlord shall be repaid to Tenant within five thirty (530) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach expiration or termination of this Lease. Except In the event of Tenant's default, Landlord's right to such extent, if any, as shall be required by law, Landlord shall not be required to keep retain the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease deemed to be performed by itin addition to any and all other rights and remedies at law or in equity available to Landlord for Tenant's default under this Lease. Landlord may, in the event the Security Deposit or is depleted, at Landlord's discretion, apply any balance thereof shall be returned to Tenant unpaid rent received at such the time after termination of this the execution of the Lease when Landlord shall have determined that all for the purposes of Tenant's obligations under this Lease have been fulfilledthe deposit.

Appears in 2 contracts

Sources: Sublease (Maxxis Group Inc), Sub Sublease (Maxxis Group Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the execution of this Lease. Said sum , Tenant shall deposit with Landlord the security deposit specified in subparagraph 1. i. to be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent; Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum amount in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the security deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 2 contracts

Sources: Lease Agreement (RVision, Inc.), Office Lease Agreement (RVision, Inc.)

Security Deposit. Tenant shall deposit The Landlord acknowledges receipt of the Security Deposit with Landlord upon the execution of this Lease. Said sum shall amount set out in 1.01 (j) to be held by the Landlord as a deposit as security for the faithful payment of rent and performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations under this Lease. If at any time rent or any other amount payable by the Tenant defaults with respect is overdue and unpaid or the Tenant fails to perform any provision of its obligations under this Lease, the Landlord may use may, either before or after terminating this Lease, apply the whole or any part of the Security Deposit for deposit to the payment of any such rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate the Landlord for any other loss or damage which expense incurred by the Landlord may suffer by reason of Tenantand such application will be without prejudice to the Landlord's defaultright to pursue any other remedy set forth in this Lease. If the whole or any portion part of the deposit is so usedapplied by the Landlord, the Tenant shall within five (5) days after written demand therefor, deposit with forthwith pay to the Landlord an a sufficient amount sufficient to restore the Security Deposit deposit to its original the amount specified in Section 1.01 (j) and the Tenant's failure to do so shall be within ten days after demand will constitute a material breach of this Lease. Except to such extent, if any, If the Tenant promptly pays all rent as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from it falls due and performs all of its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of obligations under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned Landlord will repay the deposit to the Tenant at such time within 30 days after the later of: (i) termination of this Lease when Lease; or (ii) the repossession of the Leased Premises by the Landlord. The Landlord shall have determined that all may deliver and assign the security deposit to any purchaser of Tenantthe Landlord's obligations under this Lease have been fulfilledinterest in the Leased Premises and thereupon the Landlord will be discharged from any further liability with respect to such deposit.

Appears in 2 contracts

Sources: Lease Agreement (Current Technology Corp), Lease (Spectrum Signal Processing Inc)

Security Deposit. Tenant shall deposit also pay to Landlord a "Security Deposit" in the amount of $250.00 . The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage damages in case of default by Tenant's default. If Tenant defaults with respect to any provision of this LeaseUnless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord's other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any part arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the termination of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the balance of the Security Deposit separate from its general fundsremaining after any such application shall be returned by Landlord to Tenant. If the tenant fails to complete the full term of the lease, and Tenant shall not be entitled to interest on such the tenant will forfeit his security deposit. If Tenant shall fully and faithfully perform every provision Landlord transfers its interest in the Premises during the term of this Lease to be performed by itLease, Landlord may assign the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord the transferee and thereafter shall have determined that all no further liability for the return of Tenant's obligations under this Lease have been fulfilledsuch Security Deposit.

Appears in 2 contracts

Sources: Commercial Property Lease Agreement (Getelman Corp.), Commercial Property Lease Agreement (Uvic Inc.)

Security Deposit. Tenant shall deposit the The Security Deposit with set forth in Paragraph 1, if any, shall secure the performance of the Tenant’s obligations hereunder. Landlord upon the execution of this Lease. Said sum may, but shall not be held by Landlord as security for the faithful performance by Tenant of obligated to, apply all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part portions of the Security Deposit for on account of ▇▇▇▇▇▇’s obligations hereunder. In the payment event that Landlord applies all or a portion of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated Security Deposit to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used’s obligations hereunder, Tenant shall be obligated, within five (5) 30 days after written demand thereforof receipt of notice from Landlord, to deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original the full amount and Tenant's failure stated in Paragraph 1 above. Failure to do so deposit such cash shall be a material breach default under the Terms of this Lease. Except Provided Tenant is not in default, any balance remaining upon termination shall be returned to Tenant. Tenant shall not have the right to apply the Security Deposit in payment of the last month’s Rent. No interest shall be paid by Landlord on the Security Deposit. In the event of a sale of the Project, Landlord shall have the right to transfer the Security Deposit to the purchaser, upon such transfer Landlord shall have no further liability with respect thereto, and ▇▇▇▇▇▇ agrees to look solely to such extent, if any, as shall be required by law, purchaser for the return of the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its general fundsin a segregated account, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall may be returned commingled with other funds of Landlord. The Landlord agrees that the Tenant may in lieu of a cash Security Deposit may post a letter of credit provided by a financial institution reasonably acceptable to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledthe Landlord.

Appears in 2 contracts

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

Security Deposit. Tenant shall deposit TENANT has deposited with LANDLORD the Security Deposit with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord $ -0- as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultTENANT. If Tenant TENANT defaults with respect to any provision of this Lease, Landlord including but not limited to the provisions relating to the payment of Rent, LANDLORD may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent Rent or any other sum in default, default or for the payment of any other amount which Landlord LANDLORD may spend or become obligated to spend by reason of Tenant's TENANT’S default, or to compensate Landlord LANDLORD for any other loss loss, cost or damage which Landlord LANDLORD may suffer by reason of Tenant's TENANT’S default. If any portion of said deposit is so usedused or applied, Tenant shall TENANT shall, within five (5) days after written demand therefortherefore, deposit cash with Landlord LANDLORD in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's TENANT’S failure to do so shall be constitute a material breach of this Lease. Except to such extentLANDLORD shall not, if any, as shall be unless required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to pay interest on such depositthe security deposit to the TENANT. If Tenant TENANT shall fully and faithfully perform every provision of this Lease to be performed by itLease, the Security Deposit security deposit or any balance thereof shall be returned to Tenant TENANT (or at such time LANDLORD’S option, to the last transferee of TENANT’S interest hereunder) within fifteen (15) days after termination the expiration of this the Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledterm, provided TENANT has vacated the premises. In the event the building is sold, the security deposit will be transferred to the new owner.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Bankrate Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum shown on the Summary of this Lease. Said sum shall be held by Landlord Fundamental Provisions as security for the full and faithful performance by Tenant of all the termsTenant’s obligations under this Lease. The security deposit shall not earn interest, covenants and conditions of this Lease to shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of rent or as a measure of Landlord's damage ’s damages in case the event of a default by Tenant's default. If Tenant defaults with respect to in the performance of any provision of Tenant’s obligations under this Lease, including the payment of Rents, Landlord may use may, but shall not be obligated to, use, apply or retain all or any part of the Security Deposit security deposit to the extent required for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If Landlord shall so use, apply or retain all or any portion is part of the security deposit, Tenant shall upon demand immediately deposit with Landlord a sum equal to the amount so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositapplied or retained. If Tenant shall fully and faithfully perform every provision comply with all of Tenant’s obligations under this Lease to be performed by itLease, the Security Deposit security deposit or any balance thereof shall be returned paid to Tenant at such time within thirty (30) days after termination of the date on which this Lease when shall expire or sooner terminate, and after delivery to Landlord shall have determined that of possession of the Premises and after all of Tenant's obligations under payments required to be made by Tenant in this Lease Lease, have been fulfilledpaid.

Appears in 2 contracts

Sources: Lease Amendment (Mathstar Inc), Office Lease Agreement (Mathstar Inc)

Security Deposit. Tenant shall deposit has deposited with Landlord the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including payment of the Rent, Landlord may use use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's defaultRent, or to compensate Landlord for any other loss loss, cost or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefornotice thereof, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount amount, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled nor pay interest to interest on such depositTenant. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination the expiration of this Lease when the Term and upon Tenant's vacation of the Premises. If the Building is sold, the Security Deposit may be transferred to the new owner, and Landlord shall have determined that all be discharged from further liability with respect thereto. The Security Deposit shall in no event be considered an advance rental payment, nor a measure of TenantLandlord's obligations under this Lease have been fulfilleddamages.

Appears in 2 contracts

Sources: Office Lease Agreement (Talk Com), Office Lease Agreement (Talk Com)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the its execution of this Lease. Said sum shall be held by , Tenant will deliver to Landlord as security the Security Deposit for the faithful performance by Tenant of all the terms, covenants every covenant and conditions condition of this Lease to Lease. The deposit may be kept commingled with other funds of Landlord and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultwill bear no interest. If if Tenant defaults with respect to any provision covenant or condition of this Lease, Landlord including but not limited to the payment of Rent or any other charges, Landlord, at landlord's option, may use apply the whole or any part of the Security Deposit for security deposit to the payment of any rent sum in defaults or any other sum in default, or for the payment of any amount which that Landlord may spend or become obligated be required to spend by reason of Tenant's default, . If Landlord elects to apply the whole or to compensate Landlord for any other loss or damage which Landlord may suffer by reason part of Tenant's Security deposit to the payment of any sum, Landlord may do so without waiver of any Tenant, default. If any portion is , and Landlord may demand that Tenant deliver a sum equal to the amount so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and applied by landlord Tenant's failure to do so shall be a material breach deliver the sum to replenish Tenant's security deposit within ten(10)days following delivery of written demand by Landlord will constitute an additional default by Tenant under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully complies with all of the covenants and faithfully perform every provision condition of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall remaining will be returned to Tenant at such time after termination within 14 days of this Lease when Landlord shall have determined that all the expiration of Tenant's obligations under this Lease have been fulfilledthe term hereof.

Appears in 2 contracts

Sources: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Security Deposit. Tenant shall deposit Landlord and ▇▇▇▇▇▇ acknowledge that ▇▇▇▇▇▇ has delivered to Landlord $51,572.37 as the Security Deposit. Landlord shall hold Tenant’s Security Deposit with Landlord upon without liability for interest except to the execution of this Lease. Said sum shall be held extent required by Landlord law, as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of ’s obligations under this Lease. Except to such extent, if any, as shall be Unless required by applicable law, Landlord shall not be required to keep the Security Deposit separate segregated from its general funds, and other funds of Landlord. Tenant shall not be entitled assign or in any way encumber the Security Deposit. Upon the occurrence of any event of default by ▇▇▇▇▇▇, and following the expiration of any applicable notice and cure period, Landlord shall have the right, without prejudice to interest on any other remedy, to use the Security Deposit, or portions thereof, to the extent necessary to pay any arrearage in Rent, and any other damage, injury or expense. Following any such deposit. If application of all or any portion of the Security Deposit, Tenant shall fully and faithfully perform every provision of this Lease pay Landlord, on demand, the amount so applied in order to be performed by it, restore the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when its original amount. Landlord shall have determined that all reimburse Tenant such amount within thirty (30) days of Tenant's obligations the expiration date of the Term, provided Tenant is not then in default under this Lease (unless otherwise waived by Landlord). If Landlord transfers an interest in the premises during the Term, Landlord may assign the Security Deposit to the transferee, and, in such event and upon transferee’s written assumption of Landlord’s obligations to Tenant hereunder, Landlord shall thereafter have been fulfilledno further liability to Tenant for the Security Deposit.

Appears in 2 contracts

Sources: Second Amendment to Lease (Mimedx Group, Inc.), Second Amendment to Lease (Mimedx Group, Inc.)

Security Deposit. Tenant shall deposit has deposited with Landlord the ---------------- Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful punctual performance by Tenant of each and every obligation of Tenant under this Lease. In the event of any default by Tenant, Landlord may apply or retain all or any part of the terms, covenants and conditions security to cure the default or to reimburse Landlord for any sum which Landlord may spend by reason of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in the default. In the case of Tenant's defaultevery such application or retention, Tenant shall, on demand, pay to Landlord the sum so applied or retained, which sum shall be added to the Security Deposit so that the same shall be restored to its original amount. If at the end of the Term Tenant defaults with respect shall not be in default under this Lease, the Security Deposit, or any balance thereof, shall be returned to any provision Tenant within thirty (30) days. If Landlord shall sell the Building or shall lease the Building, in either case subject to this Lease, or shall otherwise assign or dispose of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount assign and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, turn over the Security Deposit or any balance thereof to Landlord's grantee, lessee or assignee, and Tenant hereby releases and relieves Landlord from any and all liability for the return of said deposit and shall be returned look solely to Tenant at such time after termination said grantee, lessee or assignee; it being expressly agreed that this provision shall apply to each and every sale, conveyance or lease of the Building or assignment or disposition of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 2 contracts

Sources: Sublease Agreement (Webmd Inc), Sublease Agreement (Healtheon Webmd Corp)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the On execution of this Lease, Tenant shall deliver to Landlord cash in the amount specified as the Security Deposit in the Basic Lease Information. Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions provisions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant fails to pay Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use use, apply or retain all or any part portion of the Security Deposit for the payment of any rent Rent or any other sum charge in default, or for the payment of any amount other sum to which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof the Security Deposit, Tenant shall then within five ten (510) days after written demand therefor, therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Security Deposit deposit to its original the full amount thereof, and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision ▇▇▇▇▇▇ performs all of this Lease to be performed by itTenant’s obligations hereunder, the Security Deposit Deposit, or any balance so much thereof as has not theretofore been applied by Landlord, shall be returned to Tenant without payment of interest for its use (or, at such time Landlord’s option to the last assignee, if any, of ▇▇▇▇▇▇’s interest hereunder) within thirty (30) days after the expiration or earlier termination of this Lease when Lease, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledand Tenant with respect to the Security Deposit.

Appears in 2 contracts

Sources: Full Service Lease (Cyan Inc), Full Service Lease (Cyan Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the Upon execution of this Lease. Said sum , Tenant shall deposit with Landlord the Security Deposit defined in Section 1(K) above, which shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept Lease. It is expressly understood and performed by Tenant and agreed that such Security Deposit is not as an advance rental deposit or as a measure of Landlord's damage damages in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of including, but not limited to, the Security Deposit for provisions relating to the payment of any rent or the obligation to repair and maintain the Premises or to perform any other sum in defaultterm, covenant or condition contained herein, Landlord may (but shall not be required to), without prejudice to any other remedy provided herein or provided by law and without notice to Tenant, use the Security Deposit, or for any portion of it, to cure the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which all damages sustained by Landlord may suffer by reason of resulting from Tenant's default. If any portion is so used, Tenant shall within five (5) days after written immediately on demand therefor, deposit with pay to Landlord an amount sufficient a sum equivalent to restore the portion of the Security Deposit so expended or applied by Landlord as provided in this Section so as to its original amount and Tenant's failure to do so maintain the Security Deposit in the sum initially deposited with Landlord. Although the Security Deposit shall be a material breach deemed the property of Landlord, if Tenant is not in default at the expiration or termination of this Lease, Landlord shall return the Security Deposit (or applicable portion thereof) to Tenant. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general fundsfunds and Landlord, and Tenant not Tenant, shall not be entitled to all interest, if any, accruing on any such Security Deposit. Upon any sale or transfer of its interest on such deposit. If Tenant in the Building, Landlord shall fully and faithfully perform every provision of this Lease to be performed by it, transfer the Security Deposit or any balance thereof to its successor in interest and thereupon, Landlord shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledreleased from any liability or obligation with respect thereto.

Appears in 2 contracts

Sources: Office Lease (Colo Com), Office Lease (Colo Com)

Security Deposit. Tenant shall deposit The Landlord acknowledges receipt of the Security Deposit with Landlord upon the execution of this Lease. Said sum shall amount set out in 1.01 (j) to be held by the Landlord as a deposit as security for the faithful payment of rent and performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations under this Lease. If at any time rent or any other amount payable by the Tenant defaults with respect is overdue and unpaid or the Tenant fails to perform any provision of its obligations under this Lease, the Landlord may use may, either before or after terminating this Lease, apply the whole or any part of the Security Deposit for deposit to the payment of any such rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate the Landlord for any other loss or damage which expense incurred by the Landlord may suffer by reason of Tenantand such application will be without prejudice to the Landlord's defaultright to pursue any other remedy set forth in this Lease. If the whole or any portion part of the deposit is so usedapplied by the Landlord, the Tenant shall within five (5) days after written demand therefor, deposit with forthwith pay to the Landlord an a sufficient amount sufficient to restore the Security Deposit deposit to its original the amount specified in Section 1.01 (j) and the Tenant's failure to do so shall be within ten days after demand will constitute a material breach of this Lease. Except to such extent, if any, If the Tenant promptly pays all rent as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from it falls due and performs all of its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of obligations under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned Landlord will repay the deposit to the Tenant at such time after upon the later of termination of this Lease when and the repossession of the Leased Premises by the Landlord. The Landlord shall have determined that all may deliver and assign the security deposit to any purchaser of Tenantthe Landlord's obligations under this Lease have been fulfilledinterest in the Leased Premises and thereupon the Landlord will be discharged from any further liability with respect to such deposit.

Appears in 2 contracts

Sources: Lease Agreement (Infowave Software Inc), Lease Agreement (Infowave Software Inc)

Security Deposit. Tenant The Security Deposit, which shall deposit the Security Deposit with Landlord be paid upon the execution of this Lease. Said sum , shall be held by Landlord without liability for interest and not in trust or in a separate account, as security for the faithful performance by Tenant Client of all the terms, Client’s covenants and conditions of obligations under this Lease to Lease. The Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage ’s damages in case of Tenant's defaultdefault by Client. If Tenant defaults with respect Upon the occurrence of any Event of Default by Client, Landlord may, from time to time in its sole discretion, without prejudice to any provision other remedy, use and apply the Security Deposit to the extent necessary to make good any arrearages of this Leaserent and any other damage, injury, expense or liability suffered by Landlord may use by such Event of Default. Following any part such application of the Security Deposit for Deposit, Client shall pay to Landlord on demand as Additional Rent the payment of any rent or any other sum amount so applied in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Client is not then in default hereunder, any remaining balance of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned by Landlord to Tenant at such Client within a reasonable period of time after the termination of this Lease when and (i) Client shall have surrendered the entire Premises to Landlord, (ii) Landlord shall have determined that inspected the Premises after such vacation, and (iii) Client shall have complied with all of Tenant's obligations under this the terms, conditions and covenants in the Lease including payment of Basic Rental, Additional Rent, and accrued but unpaid late charges. If Landlord transfers its interest in the Premises during the Lease Term, Landlord shall assign the Security Deposit to the transferee and thereafter shall have been fulfilledno further liability for the return of such Security Deposit.

Appears in 2 contracts

Sources: Lease Agreement (2U, Inc.), Lease Agreement (2U, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's ’s default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five ten (510) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. deposit If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, . Landlord will return the Security Deposit or any balance thereof shall be returned to Tenant at such time within sixty (60) days after termination of this Lease when Tenant surrenders the Premises to Landlord shall have determined that all and provides written notice to Landlord of Tenant's obligations ’s forwarding address, subject to all rights granted to Landlord under this Lease have been fulfilledChapter 93, including, without limitation, Section 93.006 of the Texas Property Code.

Appears in 2 contracts

Sources: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon on the execution date of this Lease. Said sum shall be held by Landlord as , security for the faithful performance by Tenant of all of its obligations in the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultamount set forth on the Schedule. If Tenant defaults with respect to any provision of under this Lease, Landlord may use any part of the Security Deposit to make any defaulted payment, to pay for the payment Landlord’s cure of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's defaultdefaulted obligation, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If resulting from any default To the extent any portion of the deposit is so used, Tenant shall within five (5) days after written demand thereforfrom Landlord restore the deposit to its full amount Landlord may keep the Security Deposit in its general funds and shall not be required to pay interest to Tenant on the deposit amount If Tenant shall perform all of its obligations under this Lease and return the Premises to Landlord at the end of the Term, deposit with Landlord shall return all of the remaining Security Deposit to Tenant within thirty (30) days after the end of the Term. The Security Deposit shall not serve as an amount sufficient to restore advance payment of Rent or a measure of Landlord’s damages for any default under this Lease. If Landlord transfers its interest in the Project or this Lease, Landlord may transfer the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leasetransferee. Except to Upon such extent, if any, as shall be required by lawtransfer, Landlord shall not be required have no further obligation to keep return me Security Deposit to Tenant, and Tenant’s right to the return of the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledapply solely against Landlord’s transferee.

Appears in 2 contracts

Sources: Consent of Landlord to Sublease, Consent of Landlord to Sublease (CreditCards.com, Inc.)

Security Deposit. Tenant The Security Deposit is due upon execution of the Lease. Landlord shall deposit hold the Security Deposit with without liability for interest and as security for the performance by Tenant of Tenant’s obligations under this Lease. Tenant agrees that such deposit will not be considered an advance payment of rental or a measure of Landlord’s damages in case of default by Tenant. Landlord upon the execution may, from time to time, without prejudice to any other remedy, use such deposit to make good any arrearage in any amount due hereunder and to reimburse Landlord for any other damage, injury, expense or liability caused to Landlord by any breach of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to Following any provision of this Lease, Landlord may use any part such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so amount. If Tenant is not then in default hereunder, one-half (1/2) of any remaining balance of the Security Deposit shall be returned by Landlord to Tenant within a material breach reasonable period of time after the expiration of this Lease. Except to such extent, if any, as The balance of the Security Deposit shall be required held by lawLandlord until final computation of any sums (such as Excess Operating Expenses) which Tenant may owe under this Lease. If Landlord transfers its interest in the Premises during the Lease Term, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of the Security Deposit, provide such transferee assumes such liability. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 2 contracts

Sources: Office Building Lease Agreement (Vivint Solar, Inc.), Office Building Lease Agreement (Vivint Solar, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease, Tenant has deposited with Landlord the Security Deposit in the amount set forth in the Section 1.1(k). Said sum Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the Term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of Rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the this Security Deposit for the payment of any rent Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said Security Deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositSecurity Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) within thirty days following expiration of the Term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said Security Deposit to Landlord's successor in interest.

Appears in 2 contracts

Sources: Retail Lease Agreement, Retail Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease, Tenant has deposited with Landlord $6,875.00. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said security deposit is so usedused or applied, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord an in any amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general other funds, and (unless otherwise required by law) Tenant shall not be entitled to interest on of such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination Landlord's option, to the last assignee of Tenant's interest hereunder) within ten (10) days following expiration of this Lease when term. In the event of termination of Landlord's interest in this Lease, Landlord shall have determined that all of Tenanttransfer said deposit to Landlord's obligations under this Lease have been fulfilled.successor in interest,

Appears in 2 contracts

Sources: Lease Agreement (Brighton Technologies Corp), Lease Agreement (Brighton Technologies Corp)

Security Deposit. Tenant shall deposit will pay Landlord on the date of this Lease such Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance of the terms hereof by Tenant. Tenant shall not be entitled to interest thereon and Landlord may commingle such Security Deposit with any other funds of all the terms, covenants and conditions of this Lease to Landlord. The Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage ’s damages in case of default by Tenant's default. If a default by Tenant defaults with respect to any provision of shall occur under this Lease, Landlord may use may, but shall not be required to, from time to time, without prejudice to any other remedy, use, apply or retain all or any part of the this Security Deposit for the payment of any rent Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default, including, without limitation, costs and attorneys’ fees incurred by Landlord to recover possession of the Premises. If Landlord shall use, apply or retain all or any portion is so usedpart of the Security Deposit as provided for above, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original the amount set forth in the Basic Lease Information within thirty (30) days after receipt of notice from Landlord. Within ten (10) business days after the expiration of the Lease, provided no default by Tenant under this Lease shall have occurred and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by lawcontinuing, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned return to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled(the “Security Deposit”).

Appears in 2 contracts

Sources: Sublease Agreement (Elevate Credit, Inc.), Sublease Agreement (Elevate Credit, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's Tenants default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part pact of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five thirty (530) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed pertained by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's Tenants obligations under this Lease have been fulfilled, but not later than thirty (30) days after Landlords receipt of its contractor’s invoice for repair and restoration of the Premises pursuant to Section 26, or if no repair or restoration is needed in Landlord’s determination, within sixty (60) days after the Termination Date.

Appears in 2 contracts

Sources: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon 5.1 Upon the execution of this Lease. Said sum , Tenant shall be held by deposit with Landlord a security deposit ("Security Deposit") in cash in the amount specified in Section 1.21 above as security for the faithful performance and observation by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision defaults in respect of any of the terms, covenants or conditions of this Lease to be performed by itLease, including, without limitation, the payment of Rent, Landlord may use, apply or retain the whole or any part of the Security Deposit to the extent required for the payment of any Base Rent or any balance thereof shall other sum as to which Tenant is in default, including, without limitation, (a) any sum which Landlord may expend or may be returned required to Tenant at such time after termination expend by reason of Tenant's default in respect of any of the terms, covenants or conditions of this Lease when Lease, or to compensate Landlord for any loss or damage which Landlord may suffer thereby, and/or (b) any damages or deficiency in the reletting of the Premises, whether such damages or deficiency accrue or accrues before or after summary proceedings or other reentry by Landlord. If Landlord applies or retains any part of the Security Deposit, Tenant, upon demand, shall immediately deposit with Landlord the amount so applied or retained so that Landlord shall have determined that the full Security Deposit on hand at all of times during the Term; Tenant's obligations under this Lease failure to do so shall constitute an act of default, and Landlord shall have been fulfilled.the right to exercise any remedy provided for in Section 15.2

Appears in 2 contracts

Sources: Office Lease (JCM Partners LLC), Office Lease (JCM Partners LLC)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon set forth in paragraph 1, if any, shall secure the execution performance of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations hereunder. If Tenant defaults with respect Landlord may, but shall not be obligated to any provision of this Lease, Landlord may use any part apply all or portions of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason on account of Tenant's default, obligations hereunder. In the event that Landlord applies all or a portion of the Security Deposit to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedobligations hereunder, Tenant shall be obligated, within five ten (510) days after written demand thereforof receipt of notice from Landlord, to deposit cash (or restore the LC) with Landlord in an amount sufficient to restore the Security Deposit to its original the full amount and Tenant's failure stated in paragraph 1.8 above, subject to do so reduction as may be provided under this Lease. Failure to deposit such cash shall be a material breach default under the terms of this Lease. Except Provided Tenant is not in default, any balance remaining upon termination of the Lease shall be returned to Tenant within fifteen (15) days after expiration. Tenant shall not have the right to apply the Security Deposit in payment of the last month's rent. No interest shall be paid by Landlord on he Security Deposit. In the event of a sale of the Project, Landlord shall have the right to transfer the Security Deposit to the purchaser and upon such transfer Landlord shall have no further liability with respect thereto, and Tenant agrees to look solely to such extent, if any, as purchaser for the return of the Security Deposit provided such transferee shall be required by law, have acknowledged in writing the receipt of such security and the obligations with respect thereto under this Lease. Landlord shall not be required to keep the Security Deposit separate from its general fundsin a segregated account, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall may be returned to Tenant at such time after termination commingled with other funds of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLandlord.

Appears in 2 contracts

Sources: Office Lease (Starmedia Network Inc), Office Lease (Starmedia Network Inc)

Security Deposit. Tenant shall keep on deposit with the Landlord at all times during the Term, the Security Deposit with Landlord upon in the execution of this Lease. Said sum shall be held by Landlord amount specified in the Basic Terms as security for the payment by Tenant of the Rent and for the faithful performance by Tenant of all the terms, conditions and covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If at any time during the Term Tenant defaults with respect to shall be in default in the performance of any provision of this Lease, Landlord may (but shall not be required to) use any part of the Security Deposit for the Deposit, or so much thereof as necessary, in payment of any rent or Rent due under this Lease, in reimbursement of any other sum expense incurred by Landlord and in payment of the damages incurred by Landlord by reason of the Tenant’s default, or for at the payment option of any amount which the Landlord, the same may be retained by Landlord may spend or become obligated to spend by reason of Tenant's defaultas liquidated damages. In such event, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedthe Tenant shall, Tenant shall within five (5) days after on written demand thereforof Landlord, deposit with forthwith remit to Landlord an a sufficient amount sufficient in cash to restore the Security Deposit to its original the amount and Tenant's failure to do so specified in the Basic Terms. If the Security Deposit has not been utilized as aforesaid, the Security Deposit, or as much thereof as has not been utilized for such purposes, shall be a material breach refunded to Tenant, without interest, upon full performance of this Lease by Tenant, and in any event, within 30 days after termination of this Lease. Except Landlord shall have the right to commingle the Security Deposit with other funds of the Landlord. Landlord shall deliver the Security Deposit to any purchaser of the Landlord’s interest in the Premises in the event such extent, if any, as shall interest be required by lawsold and the Security Deposit is delivered to the purchaser, Landlord shall not be required discharged from further liability with respect to keep the Security Deposit separate from its general fundsDeposit. Notwithstanding the above provisions of this Section 19.25, and if claims of Landlord exceed the Security Deposit, Tenant shall not be entitled to interest on remain liable for the balance of such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledclaims.

Appears in 1 contract

Sources: Lease Agreement (Everside Health Group, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful faithfull performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's Tenants default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) business days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so -so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the The Security Deposit or any balance thereof that has not been applied in accordance with this Section 5 shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledin accordance with applicable laws.

Appears in 1 contract

Sources: Lease Agreement (HMT Technology Corp)

Security Deposit. Tenant shall deposit On the Security Deposit with Landlord upon the date of execution of this Lease. Said sum Lease by Tenant, there shall be due and payable by Tenant a security deposit in the amount of $7,803.23, such deposit to be held by Landlord as security for the faithful performance by Tenant of all the terms, Tenant’s covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage ’s damages in case of default by Tenant's default. If Upon the occurrence of any event of default by Tenant defaults with respect to any provision or breach by Tenant of Tenant’s covenants or obligations under this Lease, Landlord may may, from time to time, without prejudice to any other remedy, use the security deposit to the extent necessary to make good any part arrears of rental or other payments hereunder and/or any damage, injury, expense or liability caused to Landlord by such event of default or breach of covenant. Following any such application of the Security Deposit for security deposit, Tenant shall pay to Landlord on demand the payment amount so applied in order to restore the security deposit to the amount thereof existing prior to such application. Any remaining balance of any rent or any other sum in defaultthe security deposit shall be returned by Landlord to Tenant within thirty (30) days after the termination of this Lease; provided, or for however, Landlord shall have the payment of any amount which Landlord may spend or become obligated right to spend by reason of Tenant's default, or retain and expend such remaining balance (a) to compensate reimburse Landlord for any and all rentals or other loss or damage which Landlord may suffer sums due hereunder that have not been paid in full by reason of Tenant's default. If any portion is so used, Tenant and/or (b) for cleaning and repairing the Premises if Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient fail to restore deliver same at the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach termination of this LeaseLease in a neat and clean condition and in as good a condition as existed at the date of possession of same by Tenant, ordinary wear and tear only excepted. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such the security deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Sources: Lease Agreement (Bois D Arc Energy LLC)

Security Deposit. Tenant shall agrees to deposit the Security Deposit with Landlord upon the execution of this Lease, the Security Deposit as stated in the Basic Lease Information. Said sum The Security Deposit shall be held and owned by Landlord Landlord, without obligation to pay interest, as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to be kept and performed by Tenant and Lease. The Security Deposit is not as an advance rental deposit or as a measure of Landlord's damage damages incurred by Landlord in case of Tenant's default. If Tenant defaults with respect to Upon the occurrence of any provision event of this Leasedefault by Tenant, Landlord may use any part of the Security Deposit for the payment of any rent or from time to time, without prejudice to any other sum in remedy provided herein or by law, use such fund as a credit to the extent necessary to credit against any arrears of Rent or other payments due to Landlord, and any other damage, injury, expense or liability caused by such event of default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, and Tenant shall within five (5) days after written demand thereforpay to Landlord, deposit with Landlord an on demand, the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep Although the Security Deposit separate from its general fundsshall be deemed the property of Landlord, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision any remaining balance of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned by Landlord to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled, reduced by such amounts as may be required by Landlord to remedy defaults on the part of Tenant in the payment of Rent or other obligations of Tenant under this Lease, to repair damage to the Premises, Building, Site or Project caused by Tenant or any of Tenant's employees, agents, contractors and invitees and to clean the Premises. Landlord may use and co-mingle the Security Deposit with other funds of Landlord.

Appears in 1 contract

Sources: Standard Lease Agreement (Myecheck, Inc.)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord shall be paid upon the Tenant’s execution of this Lease. Said sum Lease and shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of ’s obligations under this Lease. Except to such extent, if any, as shall be Unless required by lawapplicable Requirements, Landlord shall not be required to keep the Security Deposit separate segregated from its general funds, and other funds of Landlord or to pay interest thereon. Tenant shall not be entitled assign or in any way encumber the Security Deposit. During the continuance of any Event of Default by Tenant, Landlord may, without prejudice to interest on such deposit. If Tenant shall fully and faithfully perform every provision any other remedy, use any portion of this Lease to be performed by it, the Security Deposit to cure such default. Following any such application of all or any portion of the Security Deposit, Tenant shall pay to Landlord, on demand, the amount so applied in order to restore the Security Deposit to its original amount. If no Event of Default is then continuing at the termination of this Lease, any remaining balance thereof of the Security Deposit shall be returned to Tenant, provided Tenant at such time after timely surrenders the Premises in accordance with Article 19 and appropriate reserves have been established by Landlord for Tenant’s Share of Operating Costs accrued prior to the expiration or termination of this Lease when Lease. If Landlord transfers its interest in the Premises during the Term, Landlord shall assign the Security Deposit to the transferee, and thereafter Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledno further liability to Tenant for the Security Deposit.

Appears in 1 contract

Sources: Lease Agreement (Atheros Communications Inc)

Security Deposit. (a) Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord THREE HUNDRED THOUSAND AND 00/100THS DOLLARS ($300,000.00) as security for the full and faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any every provision of this Lease, including, but not limited to, the provisions relating to the payment of rent, Landlord may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, default or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate that Landlord for any other loss loss, cost or damage which that Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of default under this Lease. Except to such extentLandlord shall not, if any, as shall be unless otherwise required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its Landlord's general funds, nor pay interest to Tenant. If Landlord is required by law to maintain said deposit in an interest bearing account, Landlord will retain the maximum amount permitted under applicable law as a bookkeeping and Tenant shall not be entitled to interest on such depositadministrative charge. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last transferee of Tenant's obligations under this interest hereunder) at the expiration of the Lease have been fulfilled.Term and upon Tenant's vacation of the Premises. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, such security deposit shall be deemed to applied first to the payment of rent and other charges due Landlord for all periods prior to filing of such

Appears in 1 contract

Sources: Lease Agreement (Avesta Technologies Inc)

Security Deposit. Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this LeaseFIVE THOUSAND SEVEN HUNDRED TWENTY-SEVEN AND NO/100 Dollars ($5,727.00). Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of said deposit is so usedused or applied, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder) at the expiration of the Lease term. In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest.

Appears in 1 contract

Sources: Lease Agreement (Vstream Inc /Co)

Security Deposit. Tenant shall deposit pay to Landlord a "Security Deposit" in the Security Deposit with Landlord amount of ($ ) upon the execution of this LeaseLease Agreement. Said sum The Security Deposit shall be held by Landlord Landlord, without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Agreement, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance payment of rental deposit or as a measure of Landlord's damage damages in case of Tenant's defaultdefault by ▇▇▇▇▇▇. If Tenant defaults with respect to any provision of this LeaseUnless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with ▇▇▇▇▇▇▇▇' s other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any part arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the Termination of this Lease. Except to such extentLease Agreement, if any, as shall be required by law, Landlord shall not be required to keep the balance of the Security Deposit separate from its general funds, and Tenant remaining after any such application shall not be entitled returned by Landlord to interest on such depositTenant. If Tenant shall fully and faithfully perform every provision Landlord transfers its interest in the Premises during the Term of this Lease to be performed by itAgreement, Landlord may assign the Security Deposit or any balance thereof to the transferee and thereafter shall be returned have no further liability for the return of such Security Deposit. Under no circumstances may Tenant use this deposit to Tenant at such time after termination pay rent, including rent for the last month of this Lease when Landlord shall have determined that all Agreement. The rent must be paid on or before the tenth day of Tenant's obligations under this Lease have been fulfilledeach month, including the last month of occupancy.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the Upon execution of this Lease. Said sum , Tenant shall deposit with Landlord the Security Deposit as set forth in Article 1.2 which shall be held by Landlord as security for the full and faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the Lease Term. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of Base Rent, Additional Rent or other charges, Tenant's repair obligations or Tenant's obligations upon surrender of the Premises, Landlord may use use, apply or retain all or any part of the Security Deposit for the payment of any rent Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so usedused or applied, Tenant shall shall, within five (5) business days after written demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and amount; Tenant's failure to do so shall be constitute a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by itLease, the Security Deposit Deposit, or any balance thereof remaining, shall be returned to Tenant at such time within thirty (30) days after the expiration or sooner termination of the Lease Term and the surrender of possession of the Premises to Landlord in the condition required by this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 1 contract

Sources: Office Lease (Auxilio Inc)

Security Deposit. Tenant shall deposit has deposited with Landlord the Security Deposit with Landlord upon the execution of this LeaseDeposit. Said sum shall be held by Landlord ▇▇▇▇▇▇▇▇ as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant ▇▇▇▇▇▇ and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant▇▇▇▇▇▇'s default. If Tenant defaults with respect to any provision of this LeaseLease beyond any applicable cure period, Landlord may use any part of the this Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) ten days after written demand therefor, thereto deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its the general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time ten (10) days after termination of this Lease when Lease. Tenant may, at its election, deposit with Landlord shall have determined that all an irrevocable letter of Tenant's obligations under this Lease have been fulfilledcredit in favor of Landlord, said irrevocable letter of credit to be in a form and drawn upon a commercial bank reasonably satisfactory to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Diplomat Ambassador Inc)

Security Deposit. 6.1 Tenant shall on the Date of Closing through escrow deposit the Security Deposit with Landlord upon the execution sum of this Lease$57,446.00, receipt of which is hereby acknowledged by Landlord ("Deposit"). Said sum Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease by Tenant to be kept and performed during the Term hereof, including the vacating of the Premises by Tenant; provided that Tenant and shall not as an advance rental deposit be excused from the payment of any rent herein reserved or as a measure of Landlord's damage in case of Tenant's defaultany other charge herein provided. If Tenant defaults with respect to any provision of this Lease, Landlord may may, but shall not be required to, use or retain all or any part of the Security Deposit for the payment of any rent or any other sum in defaultmonies due Landlord, or for to repair damages to the payment of any amount which Landlord may spend or become obligated Premises, to spend by reason of Tenant's default, clean the Premises or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's amount; otherwise such failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, . 6.1.1 Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Deposit. If Should Tenant comply with all of 6.1.2 Tenant shall fully and faithfully perform every provision have no right or privilege to mortgage, encumber, transfer or assign the Deposit without the prior written consent of this Lease to be performed by it, Landlord. 6.2 Tenant may not deduct the Security Deposit or any balance portion thereof shall be returned from its Aggregate Monthly Rent, Minimum Monthly Rent, Additional Rent, or from other payments to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease; and Landlord's right to possession of the Premises or to take appropriate action for nonpayment of any rent or for any other reason shall not be affected by the fact that Landlord holds the Deposit and does not use, apply or retain same as set forth herein.

Appears in 1 contract

Sources: Guaranty of Lease (Mego Financial Corp)

Security Deposit. 27.1 Tenant shall deposit the Security Deposit has deposited with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord (-0-) as security for the faithful performance by Tenant ▇▇▇▇▇▇ of all of the terms, covenants, and conditions required to be performed by it hereunder. Such sum shall be returned to Tenant after a reasonable period after the expiration of Term and delivery of possession of the Premises to Landlord if, at such time, ▇▇▇▇▇▇ has fully performed all such terms, covenants and conditions conditions. Prior to the time when ▇▇▇▇▇▇ is entitled to the return of this Lease the security deposit, Landlord shall be entitled to intermingle such deposit with its own funds and to use same for such purposes as Landlord may determine. Tenant shall not be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect entitled to any provision interest on the security deposit. In the event of default by ▇▇▇▇▇▇ in performing any of its obligations under this Lease, Landlord may use may, in addition to any other right or remedy available to Landlord hereunder, use, apply, or retain all or any part of the Security Deposit this security deposit for the payment of any unpaid rent or for any other sum in default, or for the payment of any amount which Landlord may spend or become obligated be required to spend expend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason the default of Tenant, including any damages or deficiency in the reletting of the Premises or any attorney's defaultfees associated therewith, regardless of the whether the accrual of such damages or deficiency occurs before or after an eviction. If any a portion of the security deposit is so usedused or applied by Landlord during the term hereof, Tenant shall within shall, upon five (5) days after written demand therefordemand, deposit with Landlord an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledamount.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund Viii Lp)

Security Deposit. Tenant shall deposit has deposited with the Security Deposit with Landlord upon the execution sum of this Lease. Said sum shall be held by Landlord 54,000.00 as security for the full and faithful performance by Tenant of all the terms, covenants and conditions every provision of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent, Landlord may use use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or and any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of TenantTaunt's default. default If any portion of said deposit is so usedto be used or applied, Tenant shall shall, within five (5) days after written demand therefortherefore, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this the Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit this security deposit separate from its general funds, funds and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit security deposit or any balance thereof shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord's option to the last assignee of Tenant's obligations under this interest hereunder) to the expiration of the Lease have been fulfilledTenn and upon ▇▇▇▇▇▇'s vacation of the premises.

Appears in 1 contract

Sources: Business Lease Agreement (Monterey Capital Acquisition Corp)

Security Deposit. Concurrent with Tenant's first delivery to Landlord of Tenant-executed counterparts of this Lease, Tenant shall deposit with Landlord the Security Deposit with Landlord upon the execution of this Leasereferenced in DEFINITIONS AND BASIC PROVISIONS above. Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the Lease Term. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of rent, Landlord may use may, but shall not be required to use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, default or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount and amount. Tenant's failure to do so shall be a material breach of default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by itTenant, the Security Deposit Deposit, or any balance thereof thereof, shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord's option to the last assignee of Tenant's obligations under this interest hereunder) within thirty (30) days following the expiration of the Lease have been fulfilledTerm.

Appears in 1 contract

Sources: Lease (Hart Industries Inc)

Security Deposit. Upon execution of this Lease, Tenant shall deposit the security deposit set forth in Item 8 of the Schedule (the “Security Deposit Deposit”) with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of ’s obligations under this Lease. Upon the occurrence of a Default, Landlord may use all or any part of the Security Deposit for the payment of any rent or any other sum in default, Rent or for the payment of any amount which Landlord may spend pay or become obligated to spend pay by reason of Tenant's defaulton such Default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuch Default. If any portion of the Security Deposit is so used, Tenant shall within five (5) days after written demand therefor, therefore deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. In no event shall the Security Deposit be considered an advanced payment of rent, and in no event shall Tenant be entitled to use the Security Deposit for the payment of Rent. If no default by Tenant shall fully and faithfully perform every provision of this Lease to be performed by itexists hereunder, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty days after termination the expiration of this Lease when the Term and vacation of the Premises by Tenant. Landlord shall have determined that all the right to transfer the Security Deposit to any purchaser of Tenant's obligations under this Lease have been fulfilledthe Building. Upon such transfer, Tenant shall look solely to such purchaser for return of the Security Deposit, and Landlord shall be relieved of any liability with respect to the Security Deposit.

Appears in 1 contract

Sources: Lease Agreement (Ubiquiti Networks, Inc.)

Security Deposit. Concurrently with Tenant's delivery of this Lease, Tenant shall deposit the Security Deposit with Landlord upon the execution sum, if any, stated in Item 9 of this Lease. Said sum shall the Basic Lease Provisions (the "Security Deposit"), to be held by Landlord as security for the full and faithful performance by Tenant of all the terms, covenants and conditions of Tenant's obligations under this Lease to pay any rent as and when due, including without limitation such additional rent as may be kept owing under any provision hereof, and performed to maintain the Premises as required by Tenant Sections 7.1 and not as an advance rental deposit 15.3 or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any other provision of this Lease. Upon any breach of those obligations by Tenant following the expiration of any applicable notice and cure period, Landlord may use any apply all or part of the Security Deposit for the payment of any rent as full or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultpartial compensation. If any portion of the Security Deposit is so usedapplied, Tenant shall within five ten (510) business days after written demand therefor, by Landlord deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. In no event may Tenant utilize all or any portion of the Security Deposit as a payment toward any rental sum due under this Lease. If Tenant shall fully and faithfully perform every provision of performs its obligations under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned to Tenant or, at such time after Landlord's option, to the last assignee of Tenant's interest in this Lease within thirty (30) days following the expiration or earlier termination of this Lease when Landlord shall have determined that all of and Tenant's obligations under this Lease have been fulfilledvacation of the Premises.

Appears in 1 contract

Sources: Office Space Lease (Acacia Research Corp)

Security Deposit. The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant shall deposit of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit with shall not be considered an advance payment of rental or a measure of Tenant's damages in case of default by Tenant. The Security Deposit shall be paid to Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for may, in its sole discretion, from time to time without prejudice to any other remedy, use the faithful performance by Tenant of all Security Deposit to the terms, covenants and conditions of extent necessary to make good any default under this Lease or to be kept and performed by satisfy any other covenant or obligation of Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Leasehereunder; provided, Landlord may use any part however, that no portion of the Security Deposit for the shall be applied towards payment of the last month's rent hereunder without the prior written consent of the Landlord's Mortgagee. Following any rent or any other sum in default, or for such application of the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedSecurity Deposit, Tenant shall within five (5) days after written pay to Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the termination of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the balance of the Security Deposit separate from its general fundsremaining after any such application shall be returned by Landlord to Tenant after deducting therefrom any unpaid obligation of the Tenant to the landlord as may arise under this Lease, and Tenant shall not be entitled including, without limitation, the obligation to interest on such depositrestore the Premises pursuant to Section 23. If Tenant shall fully and faithfully perform every provision Landlord transfers its interest in the Premises during the term of this Lease to be performed by itLease, Landlord may assign the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when the transferee and thereafter Landlord shall have determined that all no further liability for the return of Tenant's obligations under this Lease have been fulfilledsuch Security Deposit.

Appears in 1 contract

Sources: Lease Agreement (Columbia Capital Corp/Tx/)

Security Deposit. Tenant shall deposit has deposited with Landlord cash in the amount of the Security Deposit with Landlord upon the execution of this Lease. Said sum set forth in Section 2(h) above, which shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit this security deposit for the payment of any rent or any other sum in default, or for the payment of any amount which that Landlord may spend or become obligated to spend incur by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of such deposit is so usedused or applied, Tenant shall shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance PORTIONS DENOTED WITH [***] HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. thereof shall be returned to Tenant at such time after the expiration of the Lease term. Upon termination of this Lease when Landlord’s interest in the Property, whether by sale of the Property or otherwise, Landlord shall have determined that all no further obligation to Tenant with respect to the Security Deposit or any other sums due hereunder and prepaid by Tenant upon transfer of Tenant's obligations under this Lease have been fulfilledthe Security Deposit and such other sums to Landlord’s successor in interest.

Appears in 1 contract

Sources: Office Lease (Liveworld Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the Tenant's execution of this Lease, Tenant shall deposit with Landlord as a security deposit the sum of One Thousand Dollars ($1,000.00). Said sum shall be held by Landlord as a security deposit for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultLease. If Tenant defaults with respect to any provision provisions of this Lease, including but not limited to this provision relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, or security deposit for the payment of any amount due and payable under this Lease, for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the security deposit is so usedused or applied, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to its original amount amount, and Tenant's failure to do so restore the security deposit shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit security deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Provided that Tenant is not in default hereunder, upon the expiration of the Lease term and after Tenant has vacated the Premises, Landlord shall fully and faithfully perform every provision of this Lease return the security deposit, less any sums Landlord is entitled to be performed by itkeep, the Security Deposit or any balance thereof shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under interest hereunder). In the event of termination of Landlord's interest in this Lease have been fulfilledLease, Landlord shall transfer said deposit to Landlord's successor in interest whereupon Tenant agrees to release Landlord from liability for the return of such deposit or the accounting therefor.

Appears in 1 contract

Sources: Lease (Exstar Financial Corp)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as As security for the full and faithful performance by Tenant of all each and every term, provision, covenant, and condition of this Lease, Tenant shall deposit with Landlord in an amount of TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($2,750.00), unless waived in whole or in part by Landlord. Such security shall be deposited on or before the Effective Date of this Lease. If Tenant defaults in respect to any of the terms, provisions, covenants and conditions of this Lease Lease, including but not limited to be kept and performed by Tenant and not as an advance rental the payment of rent, Landlord may use the security deposit or as a measure any portion of Landlord's it to cure the default or compensate the Landlord for all damage in case of Tenantsustained by Landlord resulting from ▇▇▇▇▇▇'s default. If Tenant defaults with respect to Landlord so uses any provision of this Lease, Landlord may use any part portion of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedsecurity deposit, Tenant shall will restore the security deposit to its original amount within five ten (510) days after written demand therefor, deposit with from Landlord. Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall will not be required to keep the Security Deposit security deposit separate from its general funds, own funds and Tenant shall not be entitled to interest on such the security deposit. The security deposit will not be a limitation on Landlord's damages or other rights under this Lease, or a payment of liquidated damages or an advance payment of the rent. If Tenant shall fully pays the rent and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that performs all of Tenant's its other obligations under this Lease have Lease, Landlord shall return the unused portion of the security deposit to Tenant within sixty (60) days after the end of the term; however, if Landlord has evidence that the security deposit has been fulfilledassigned to an assignee of the Tenant, Landlord shall return the security deposit to the assignee. Landlord may deliver the security deposit to a purchaser of the Property and be discharged from further liability with respect to it.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the Upon execution of this Lease, Tenant shall deposit with Landlord the sum of Four Thousand Fifteen and 55/100 Dollars ($4,015.55) (the "Security Deposit"). Said sum The Security Deposit shall be held by Landlord as security for the full and faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations hereunder. If Tenant defaults with respect to any provision of this Lease, including but not limited to the provisions relating to the payment of Rent, Landlord may use may, but shall not be required to, use, apply or retain all or any part of the this Security Deposit for the payment of any rent Rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so usedused or applied, Tenant shall within five (5) days after written demand thereforshall, upon demand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and amount. Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit. If Tenant shall fully and faithfully perform every provision all of its obligations under this Lease to be performed by itLease, and if Tenant is not in default under this Lease, the Security Deposit or any balance thereof shall be returned to Tenant (or, at such time after termination of this Lease when Landlord shall have determined that all Landlord's option, to the last assignee of Tenant's obligations under this Lease have interests hereunder) after the expiration of the Term and after Landlord after such time as any amount due from Tenant in accordance with Article 4 hereof has been fulfilleddetermined and paid in full.

Appears in 1 contract

Sources: Office Lease (Bridge Capital Holdings)

Security Deposit. Tenant shall deposit has deposited with Landlord the Security Deposit with Landlord upon the execution of this LeaseDeposit. Said sum shall be held by Landlord ▇▇▇▇▇▇▇▇ as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant ▇▇▇▇▇▇ and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant▇▇▇▇▇▇'s default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the this Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, therefore deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledfulfilled within fourteen (14) days of Tenant's surrender of Premises consistent with Article 27.

Appears in 1 contract

Sources: Industrial Lease (Infiniti Solutions LTD)

Security Deposit. Tenant shall deposit the The Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without liability for interest and as security for the faithful performance by Tenant of all the terms, Tenant’s covenants and conditions of obligations under this Lease to Lease, it being expressly understood that the Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of Rent or as a measure of Landlord's damage Tenant’s liability for damages in case of default by Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general fundsother accounts, and Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee. Landlord may, from time-to-time, without prejudice to any other remedy and without waiving such default, use the Security Deposit to the extent necessary to cure or attempt to cure, in whole or in part, any default of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall not be entitled pay to interest on such depositLandlord within five (5) days after demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant shall fully and faithfully perform every provision is not in default at the termination of this Lease to be performed by itLease, the balance of the Security Deposit or remaining after any balance thereof such application shall be returned by Landlord to Tenant at such time after within sixty (60) days thereafter. The foregoing sentence shall survive the termination of the Lease. If Landlord transfers its interest in the Premises during the term of this Lease when Lease, Landlord shall assign the Security Deposit to the transferee and thereafter, provided that Tenant receives written notice of such transfer of the Security Deposit, shall have determined no further liability for the return of such Security Deposit. Notwithstanding the foregoing, Landlord acknowledges that all Tenant has paid a security deposit in the amount of Tenant's obligations $48,081.57 under this the Existing Lease have been fulfilledand that Landlord shall apply such previously paid security deposit to the Security Deposit required hereunder.

Appears in 1 contract

Sources: Industrial Building Lease (Scynexis Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord pay to Landlord, immediately upon the execution of this Lease, a security deposit in the amount (or if a security deposit is currently held by Landlord, then any additional amount as the case may be) set forth at Section 1.11 (“Security Deposit”). Said sum The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default, ’s default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion of the Security Deposit is so usedused or applied, Tenant shall within five (5) days after written shall, upon demand therefor, deposit with deliver cash to Landlord in an amount sufficient to restore the Security Deposit to its original amount amount, and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthereon. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlord’s option, to the last assignee of Tenant’s interests hereunder) at the expiration of the Term, provided that Landlord may retain the Security Deposit until such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations as any amount due from Tenant under this Lease have has been fulfilleddetermined and paid in full.

Appears in 1 contract

Sources: Standard Industrial Lease (ONCOSEC MEDICAL Inc)

Security Deposit. Tenant shall deliver to Landlord at the time it executes this Lease the security deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord set forth in Section 1.10 as security for the Tenant's faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultobligations hereunder. If Tenant fails to pay Base Rent or other charges due hereunder, or otherwise defaults with respect to any provision of this LeaseLease and such default continues after the expiration of any applicable notice and cure periods, Landlord may use all or any part portion of the Security Deposit said deposit for the payment of any rent Base Rent or other charge due hereunder, to pay any other sum in default, or for the payment of any amount to which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultthereby. If Landlord so uses or applies all or any portion is so usedof said deposit, Tenant shall within five ten (510) days after written demand therefor, therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit said deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leasefull amount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit said security deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositaccounts. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that performs all of Tenant's obligations under this Lease have hereunder, said deposit, or so much thereof as has not heretofore been fulfilledapplied by Landlord, shall be returned, without payment of interest or other amount for its use, to Tenant (or, at Landlord's option, to the last assignee, if any, of Tenant's interest hereunder) at the expiration of the Term hereof, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to said security deposit. Tenant acknowledges that the security deposit is not an advance payment of any kind or a measure of Landlord's damages in the event of Tenant's default.

Appears in 1 contract

Sources: Standard Office Lease (Pdi Inc)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the execution of this Lease. Said , Tenant has deposited (or previously deposited) with Landlord the sum of two months Base Rent, the receipt of which being hereby acknowledged, which sum shall be held retained by Landlord without liability for interest as security for the faithful performance payment by Tenant of all the terms, rent herein agreed to be paid and for the faithful performance of the covenants and conditions of this Lease to Lease. Ifat any time Tenant shall be kept and performed by Tenant and not as an advance rental deposit or as a measure in default under any of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision the provisions of this Lease, Landlord shall have the right to use said deposit, or so much thereof as may use any part of the Security Deposit for the be necessary in payment of any rent or any other sum in default, or for the payment of any amount which damages incurred by Landlord may spend or become obligated to spend by reason of Tenantsuch default of Ten ant. At Landlord's defaultoption, or to compensate the deposit may be retained by Landlord for any other loss or damage which in liquidation of part of the damages suffered by Landlord may suffer by reason of default of the Tenant's default. If Should all or any portion is so usedof the security deposit be appropriated and applied by Landlord under the terms of this Section 7, Tenant shall shall, within five (5) days after written following demand thereforby Landlord, deposit with remit to Landlord an a sufficient amount sufficient of cash to restore the Security Deposit security deposit to its the original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositsum deposited. If Tenant shall have fully and faithfully perform every provision performed all of its obligations under this Lease to be performed by itLease, the Security Deposit or any balance thereof security deposit shall be returned refunded to Tenant at such time after termination not later than 30 days from the expiration of this the Lease when term or complete move-out, whichever is later. In the event of a sale or transfer of Landlord's interest in the Property, Landlord shall have determined that the right to transfer the security deposit to such purchaser or transferee, in which event Tenant shall look only to the new Landlord for the return of the security deposit and Landlord shall thereupon be released from all liability to Tenant for the return of Tenant's obligations under this Lease have been fulfilledthe security deposit.

Appears in 1 contract

Sources: Office Lease Agreement

Security Deposit. Tenant shall pay the security deposit the Security Deposit with identified in Section 1.2 above to Landlord upon the execution and delivery of this Lease. Said sum Landlord shall be held by Landlord hold the same throughout the term of this Lease as security for the faithful performance by Tenant of all obligations on the termspart of Tenant hereunder. Landlord shall have the right from time to time without prejudice to any other remedy Landlord may have on account thereof, covenants and conditions to apply such deposit, or any part thereof, to Landlord’s damages arising from any default on the part of Tenant. If there is then existing no Default of Tenant, Landlord shall return the deposit, less so much thereof as shall have theretofore been applied in accordance with the terms of this Section 14.17, to Tenant on the expiration or earlier termination of the Term of this Lease to be kept and performed surrender of possession of the Premises by Tenant to Landlord at such time. While Landlord holds such deposit, Landlord shall have no obligation to pay interest on the same and not as an advance rental deposit or as a measure of shall have the right to commingle the same with Landlord's damage in case of Tenant's default’s other funds. If Tenant defaults with respect to any provision of Landlord conveys Landlord’s interest under this Lease, Landlord may use the deposit, or any part thereof not previously applied, may be turned over by Landlord to Landlord’s grantee, and, if so turned over, Tenant agrees to look solely to such grantee for proper application of the Security Deposit for deposit in accordance with the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach terms of this LeaseSection 14.17, and the return thereof in accordance herewith. Except to such extent, if any, as shall be required by law, Landlord The holder of a mortgage shall not be required responsible to keep Tenant for the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on return or application of any such deposit. If Tenant shall fully and faithfully perform every provision , whether or not it succeeds to the position of this Lease to be performed by itLandlord hereunder, the Security Deposit or any balance thereof shall be returned to Tenant at unless such time after termination of this Lease when Landlord deposit shall have determined that all of Tenant's obligations under this Lease have been fulfilledreceived in hand by such holder.

Appears in 1 contract

Sources: Lease Agreement (Abington Bancorp Inc)

Security Deposit. Tenant Landlord shall deposit hold the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord without interest as security for the faithful performance by Tenant of all the terms, Tenant's covenants and conditions of obligations under this Lease to Lease. The Security Deposit shall not be kept and performed by Tenant and not as considered an advance rental deposit payment of Base Rental, Additional Rental or other charges provided for herein, or as a measure of Landlord's damage the damages which would be suffered by Landlord in the case of a default by Tenant's default. If Tenant defaults with respect Landlord may, from time to time, without prejudice to any provision other remedy, use the Security Deposit to the extent necessary to make good any arrearages or nonpayment of this LeaseBase Rental, Landlord may use Additional Rental or other charges provided for herein, or to satisfy any part obligation of Tenant hereunder. Following any such application of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so usedDeposit, Tenant shall within five (5) days after written pay Landlord on demand therefor, deposit with Landlord an the amount sufficient so applied in order to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach amount. If Tenant is not in default at the expiration of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the balance of the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time within 60 days after termination the Expiration Date and the delivery of this Lease when the Premises to Landlord as provided herein. If Landlord transfers Landlord's interest in the Premises, Landlord may assign the Security Deposit to the transferee and thereafter the transferring Landlord shall have determined that all no further liability for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit. The Security Deposit shall not be assigned or encumbered by Tenant and any attempted assignment or encumbrance by Tenant shall be void.

Appears in 1 contract

Sources: Office Lease (Merit Holding Corp /Ga)

Security Deposit. Tenant shall deposit the Security Deposit Simultaneous with Landlord upon the execution of this Lease, Tenant shall deposit with Landlord an amount representing the sum of six (6) months’ Base Rent. Said sum The Security Deposit, therefore, shall equal $30,000.00 which amount shall be held by Landlord as security for the faithful Tenant’s performance by Tenant of all the termsunder this Lease, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit payment of Rent or as a measure of Landlord's damage in case of Tenant's ’s damages for default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be Unless otherwise required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositSecurity Deposit and Landlord may commingle such Security Deposit with any other funds of Landlord. Upon Tenant’s default, Landlord, without prejudice to any other remedy, may apply any applicable portion of the Security Deposit to: (a) an arrearage of Rent, and/or (b) any other expense incurred by Landlord or any employee, agent, representative, trustee, officer or director of Landlord due to such default. Tenant shall pay to Landlord, on demand, the amount so applied pursuant to the immediately preceding sentence hereof in order to restore the Security Deposit to its original amount. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by itis not in default, the Security Deposit or any balance thereof shall be returned to Tenant at such then, within a reasonable time after following termination of this Lease when and satisfactory return of the Premises by Tenant to Landlord in accordance with this Lease, Landlord will return any remaining balance of the Security Deposit, if applicable, to Tenant. Tenant shall be responsible for any damage in excess of the Security Deposit. If Landlord transfers Landlord’s interests in the Premises, then Landlord may assign the Security Deposit to the transferee and Landlord thereafter shall have determined that all no further liability for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit.

Appears in 1 contract

Sources: Retail Lease Agreement

Security Deposit. Tenant shall deposit concurrently with its execution of this Lease has deposited with Landlord the Security Deposit with Landlord upon the execution of this Lease. Said sum shall to be held by Landlord as security for to guarantee the faithful performance by Tenant of all of its obligations under this Lease. Any interest earned thereon shall be the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure property of Landlord's damage . Landlord may deposit such Security Deposit in case its general funds, and shall not be required to keep the Security Deposit in a separate account. Unless and until Tenant is in default with respect to any provision hereof, the Security Deposit shall be the property of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use expend the whole or any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend expend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's such default. If any portion or all of the Security Deposit is so used, Tenant shall shall, within five ten (510) days after written demand therefor, deposit cash with Landlord an in a amount sufficient to restore the Security Deposit security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and If Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of default under this Lease to be performed by itLease, the Security Deposit or any balance thereof shall be returned to Tenant at the end of the Term; provided that Landlord may retain the Security Deposit until such time after termination as all amounts due from Tenant hereunder have been paid in full. In the event of a transfer of the Building, Landlord may pay over the Security Deposit to Landlord's transferee to be held under the terms of this Lease when and Landlord shall have determined that be released from all liability for the return of Tenant's obligations under this Lease have been fulfilledthe Security Deposit. Under no circumstances shall the Security Deposit be interpreted as being part of the Rent.

Appears in 1 contract

Sources: Office Building Lease (Hanover Capital Holdings Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's defaultan Event of Default. If Tenant defaults an Event of Default occurs with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's defaultsuch Event of Default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuch Event of Default. If any portion is so used, Tenant shall within five (5) business days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after the termination or expiration of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledLease.

Appears in 1 contract

Sources: Lease (Appgate, Inc.)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord landlord may spend or become obligated to spend by reason of Tenanton tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. If any portion is so used, Tenant shall within five (5) days after written demand therefortherefore, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilled.

Appears in 1 contract

Sources: Lease (Sk Technologies Corp)

Security Deposit. Tenant shall deposit the Security Deposit Concurrently with Landlord upon the TENANT's execution of this Leaselease, TENANT shall deposit with LANDLORD the sum of as a Security Deposit. Said sum shall be held by Landlord LANDLORD as security a Security Deposit for the faithful performance by Tenant TENANT of all of the terms, covenants and conditions of this Lease lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultTENANT during the term hereof. If Tenant TENANT defaults with respect to any provision of this Leaselease, Landlord including but not limited to the provisions relating to the payment of rent and any of the monetary sums due herewith, LANDLORD may use use, apply or retain all or any part of the this Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord LANDLORD may spend or become obligated to spend by reason of TenantTENANT's default, default or use it to compensate Landlord LANDLORD for any other loss or damage which Landlord LANDLORD may suffer by reason of TenantTENANT's default. If any portion of said Deposit is so usedused or applied, Tenant TENANT shall within five ten (510) days after written demand therefor, deposit cash with Landlord LANDLORD in an amount sufficient to restore the Security Deposit to its original amount and Tenantamount; TENANT's failure to do so shall be a material breach of this Leaselease. Except to such extent, if any, as shall be required by law, Landlord LANDLORD shall not be required to keep the this Security Deposit separate from its general funds, and Tenant TENANT shall not be entitled to interest on such deposit. If Tenant TENANT shall fully and faithfully perform every provision of this Lease lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant TENANT at such time the expiration of the lease term and after termination of this Lease when Landlord shall have determined that all of Tenant's obligations under this Lease have been fulfilledTENANT has vacated PREMISES.

Appears in 1 contract

Sources: Airspace Lease Agreement

Security Deposit. Upon execution of this Lease, Tenant shall deposit the security deposit set forth in Item 6 of the Schedule (the "Security Deposit Deposit") with Landlord upon the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's default. If Tenant defaults with respect to any provision of obligations under this Lease. Upon the occurrence of a Default, Landlord may use all or any part of the Security Deposit for the payment of any rent or any other sum in default, Rent or for the payment of any amount which Landlord may spend pay or become obligated to spend pay by reason of Tenant's defaultsuch Default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultsuch Default. If any portion of the Security Deposit is so used, Tenant shall within five (5) days after written demand therefor, therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a material breach of this Leaseamount. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such depositthe Security Deposit, except to the extent required by law. In no event shall the Security Deposit be considered an advanced payment of Rent, and in no event shall Tenant be entitled to use the Security Deposit for the payment of Rent. If no default by Tenant shall fully and faithfully perform every provision of this Lease to be performed by itexists hereunder, the Security Deposit or any balance thereof shall be returned to Tenant at such time within thirty (30) days after termination the expiration of this Lease when the Term and vacation of the Premises by Tenant. Landlord shall have determined that all the right to transfer the Security Deposit to any purchaser of Tenant's obligations under this Lease have been fulfilledthe Building. Upon such transfer, Tenant shall look solely to such purchaser for return of the Security Deposit; and Landlord shall be relieved of any liability with respect to the Security Deposit.

Appears in 1 contract

Sources: Office Space Lease (Eltrax Systems Inc)

Security Deposit. Tenant shall deposit the Security Deposit with Landlord upon or before the execution of this Lease. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's ’s damage in case of Tenant's ’s default. If Tenant defaults with respect to any provision of this Lease, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's ’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's ’s default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not no be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time after termination of this Lease when Landlord shall have determined that all of Tenant's ’s obligations under this Lease have been fulfilled.

Appears in 1 contract

Sources: Assumption and Attornment Agreement (Archipelago Holdings L L C)

Security Deposit. Tenant shall deposit the Security Deposit Simultaneously with Landlord upon the its execution of this Lease. Said sum , Tenant shall deposit with Landlord the Security Deposit set forth in Paragraph 1t above, which shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants covenants, and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord's damage in case of Tenant's defaultduring the term hereof. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of Rent, Landlord may use (but shall not be required to) use, apply or retain all or any part of the Security Deposit for the payment of any rent or any other sum in default, Rent or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's defaultan Event of Default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's defaultan Event of Default. If any portion of said Security Deposit is so usedused or applied, Tenant shall within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's ’s failure to do so shall be a material breach an Event of Default under this Lease. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit Deposit. The Security Deposit, or any balance thereof after application as permitted hereunder, shall be returned to Tenant (or at such time after termination of this Lease when Landlord shall have determined that all Landlord’s option, to the last assignee of Tenant's obligations under this ’s interest hereunder) within sixty (60) days after the expiration of the Primary Lease have been fulfilledTerm or any extension period thereof.

Appears in 1 contract

Sources: Lease Agreement (Monotype Imaging Holdings Inc.)