Common use of Security Deposit Clause in Contracts

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 36 contracts

Sources: Annual Report, Form 10 K/A, Lease Agreement (Staar Surgical Company)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 24 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (CCC Globalcom Corp), Lease Agreement (Meade Instruments Corp), Standard Industrial/Commercial Single Tenant Lease (Vdi Media)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's its obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current increased Base Rent as the initial Security Deposit bears bore to the initial Base Rent set forth Rent. Should the Agreed Use be amended to accommodate a material change in Paragraph 1.5the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on said change in financial condition. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneethis Lease, if anyLessor elects to apply the Security Deposit only to unpaid Rent, of Lessee's interest herein)and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 16 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 8 contracts

Sources: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Superior National Insurance Group Inc), Office Lease (Mission Community Bancorp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 7 contracts

Sources: Standard Office Lease (Cerplex Group Inc/De), Lease Agreement (Us Search Corp Com), Office Sublease (Equinix Inc)

Security Deposit. Lessee agrees that a security deposit in the amount of shall be paid to Lessor prior to occupancy. Said deposit shall be refunded to Lessee when Lessee surrenders said premises, subject to the conditions hereinafter set forth. Any deposits paid by Lessee for the privilege of housing a pet, with prior Lessor approval will be detailed separately on Lessee’s Pet Addendum. LESSEE IS NOT ALLOWED TO SUBSTITUTE OR APPLY THE SECURITY DEPOSIT FOR RENT OR OTHER CHARGES OWING. 2.1 Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease have seven (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (107) days after written date of occupancy to do any of the following: Make an inspection of said premises and complete and sign the Apartment Inspection Report which is provided herewith listing therein, among other things asked for, any defects or needed repairs in or about the premises. Lessee is responsible for giving notice to Lessor of any required service, or request therefore deposit monies with Lessor sufficient to restore said Security Deposit in writing a list of physical damages or defects, if any, charged to the full amount required previous tenant's security deposit. 2.2 Said premises shall be left by this LeaseLessee in a clean and undamaged condition. Any time The cost or estimate of repairing any damage to said premises which is not listed in the Base Rent increases during Apartment Inspection Report shall be deducted from the term security deposit, as will the cost of this Leaserestoring the premises to a clean and rentable condition, normal wear and tear excepted. 2.3 Subject to the provisions of Wisconsin Law, all other charges not paid currently shall also be deducted from the security deposit. 2.4 Lessee shall, upon written request from Lessorin writing and within five (5) days of surrendering said premises, deposit additional monies provide Lessor with Lessor as an addition address to which the Security Deposit so that the total amount refundable portion of the Security Deposit shall at all times bear the same proportion security deposit may be returned to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsLessee. Lessor shall, within twenty-one (21) days after Lessee surrenders said premises, return the refundable portion of said security deposit to Lessee at the expiration written address provided for such refund or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein)last known address, that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment providing therewith a written statement accounting for any monies to be paid by Lessee under this Leaseamounts withheld.

Appears in 7 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 5 contracts

Sources: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 4 contracts

Sources: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions), Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full tuft amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 4 contracts

Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor 13.1).,Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 4 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in In Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 3 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Details Inc), Standard Industrial/Commercial Single Tenant Lease Net (Details Capital Corp), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $5,000.00 security deposit shall remain as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Deposit, deposit Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.), Standard Office Lease (Altris Software Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $-0- as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 3 contracts

Sources: Standard Industrial Lease (Optical Access Inc), Industrial Sub Lease (Oralabs Holding Corp), Standard Industrial Lease (Unity First Acquisition Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.118.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the tile Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request MULTI-TENANT -- MODIFIED NET (C)American Industrial Real Estate Association 1993 Initials:________ ________ 4 from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leaselease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease Net (Southwall Technologies Inc /De/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall shall, within ten (10) days after written request therefore therefor, deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Modtech Inc), Standard Industrial/Commercial Single Tenant Lease (Modtech Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges changes due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $ N/A as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or of any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.5paragraph 4 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. If Lessee performs all of Lessee's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Lessor shallshall be returned, at the expiration without payment of interest or earlier termination of the term hereof and after Lessee has vacated the Premisesother increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderafter any applicable cure period, or otherwise Defaults Breaches under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time Should the Base Rent increases during Agreed Use be amended to accommodate a material change in the term business of this LeaseLessee or to accommodate a sublessee or assignee, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition shall have the right to increase the Security Deposit so to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent Premises may suffer as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5a result thereof. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at Within fourteen (14) days after the expiration or earlier termination of this Lease, if Lessor elects to apply the term hereof Security Deposit only to unpaid Rent, and otherwise within thirty (30) days after Lessee has the Premises have been vacated the Premisespursuant to Paragraph 7.4(c) below, Lessor shall return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

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

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposit, for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those melts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (American Custom Components Inc), Standard Industrial/Commercial Single Tenant Lease Gross (American Custom Components Inc)

Security Deposit. Upon signature of this Lease by the Lessee, the Lessee must provide the Lessor with a security deposit in the amount of Ten Thousand Dollars ($10,000.00) including G.S.T. and Q.S.T., (the “Security Deposit”). The Security Deposit is payable by certified cheque. The Lessor shall deposit with Lessor upon Lessee's execution hereof hold the Security Deposit set forth in Paragraph 1.7 as security for the complete fulfilment of all of the Lessee's faithful performance of Lessee's ’s obligations under this the Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases at anytime during the term Term, an amount for which the Lessee is responsible in virtue of this Leasethe Lease is not paid when due, Lessee shallthe Lessor may, upon written request from Lessorat its option and total discretion, deposit additional monies with Lessor as an in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit so that or any part thereof towards the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the amount for which the Lessee is responsible, including expenses in this respect, the whole without prejudice to its other rights or remedies in virtue of the Lease or by law. In such event, the Lessee must, within five (5) days following the Lessor’s written demand, remit to the Lessor the necessary amount that will restore the Security Deposit separate to the amount initially deposited. If the Security Deposit or any part thereof is less than the amount or any part of the amount for which the Lessee is responsible in virtue of the Lease, the Lessee must pay any difference and must indemnify and save harmless the Lessor from all responsibility in this respect. However, the Lessor may, at its general accountsoption and total discretion and without prejudice to its other rights or remedies in virtue of the Lease or by law, pay the amount or any part of the amount that exceeds the Security Deposit or any part thereof, and in such event, the Lessee must reimburse the Lessor any excess, including expenses in this respect, within five (5) days following the Lessor’s written demand. If the Lessee is not in default at the expiration of the Term, and if the Premises are surrendered to the Lessor shallin accordance with the Lease, the Security Deposit or any part thereof still remaining shall be returned to the Lessee within thirty (30) five (5) days following the expiration of the Term. If the Premises are not surrendered to the Lessor in accordance with the Lease, and if the Lessor must clean and/or repair the Premises or remove Lessee’s signage and repair the Building in consequence thereof, at the expiration or earlier termination of the term hereof Term, the Lessor may, at its option and after Lessee has vacated total discretion, in addition to its other rights or remedies in virtue of the Lease or by law, take and apply the Security Deposit or any part thereof still remaining towards any expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises. If the Security Deposit or any part thereof still remaining is less than the expenses incurred by the Lessor for the cleaning and/or the repairing of the Premises, return to the Lessee (or, at Lessor's option, must pay to the last assignee, if any, of Lessee's interest herein), that portion Lessor any difference within five (5) days following the Lessor’s written demand. In the event of the Security Deposit not used early termination or applied cancellation of this Lease or any extension or renewal thereof prior to the contractual termination date by either the Lessee or the Lessor and/or any third party, then any prepaid rent or sums remitted to the Lessor as security shall become the sole property of the Lessor without prejudice to the Lessor’s claim for accelerated rent or damages or other sums due. Unless otherwise expressly agreed in writing Any and all references to: expenses incurred by the Lessor, no part in this present article and/or anywhere else in the Lease shall be interpreted as follows: “Expenses incurred by the Lessor” include, without restriction, the sums spent by the Lessor for the cleaning and/or the repairing of the Security Deposit shall be considered Premises, the expenses in this respect, as well as an administration fee equal to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasefifteen percent (15%).

Appears in 2 contracts

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

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Gametech International Inc), Lease Addendum (Gametech International Inc)

Security Deposit. Upon execution of this Lease, Lessee shall ---------------- deposit the amount specified in the Summary as a security deposit ("Security Deposit"), with Lessor upon Lessee's execution hereof the Lessor. The Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of shall secure Lessee's obligations under this LeaseLease to pay Rent and other monetary amounts, to maintain the Premises and repair damages thereto, to surrender the Premises to Lessor in clean condition and repair upon termination of this Lease and to discharge Lessee's other obligations hereunder. If Lessee fails to pay Base Rent or other rent or charges due perform Lessee's obligations hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lessor may, Lessor may usebut without any obligation to do so, apply or retain all or any portion of said the Security Deposit for the payment towards fulfillment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofLessee's unperformed obligations. If Lessor uses or applies all or does so apply any portion potion of said the Security Deposit, Lessee Lessee, upon demand by Lessor, shall within ten (10) days after written request therefore deposit monies with immediately pay Lessor a sufficient amount in cash to restore said the Security Deposit to the full original amount. Lessee's failure to forthwith remit to Lessor an amount required in cash sufficient to restore the Security Deposit to the original sum deposited within five (5) days after receipt of such demand shall constitute an Event of Default defined in Article 17). The Security Deposit shall be held by this LeaseLessor with liability for interest at the annual rate or five and one-half percent (5.5%) for the time such deposit is held by Lessor. Any time Lessor is entitled to commingle the Base Rent increases during security deposits with its own funds and the term Lessor is not to be deemed a trustee of fiduciary for Lessee in respect of the security deposit. Upon termination of this Lease, if Lessee shallhas then performed all of Lessee's obligations hereunder, upon written request Lessor shall return the Security Deposit to Lessee. If Lessor sells or otherwise transfers Lessor's right or interest under this Lease, Lessor may deliver the Security Deposit to the transferee, whereupon Lessor shall be released from Lessor, deposit additional monies any further liability to Lessee with Lessor as an addition respect to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Office Lease (Citysearch Inc), Office Lease (Ticketmaster Online Citysearch Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof ’s receipt of the Security Deposit Initial SNDA the security deposit set forth in Paragraph 1.7 Section 1.9 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails falls to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, actual loss or actual damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Six (6) months prior to the then scheduled Expiration Date, Lessor shall, at shall provide Lessee with evidence reasonably satisfactory to Lessee that funds in the expiration or earlier termination amount of the term hereof Security Deposit have been reserved and after are available for refund to Lessee, subject to Lessor’s rights under this Section 5 to deduct sums therefrom. If Lessor fails to provide such evidence by such date, Lessee shall thereupon have the irrevocable right to offset its obligations to pay Rent up to the amount of the Security Deposit (and all interest earned thereon). If Lessee performs all of Lessee’s obligations hereunder, said deposit, or so much thereof as has vacated the Premisesnot heretofore been applied by Lessor, return shall be returned, with payment of all actual interest earned thereon, to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest hereinhereunder) at the expiration of the Term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit. In the event that Lessee’s non-pledged cash reserves (“Available Cash”) falls below the amount reasonably estimated by Lessee’s chief financial officer necessary to fund the reasonably anticipated cost of normal business operations for the following six (6) months (“Cash Requirement”), that portion Lessee shall provide Lessor with an irrevocable letter of credit (the “Letter of Credit”) with a term of at least one (1) year in an amount equal to the then unamortized principal amount of the Security Deposit Financed Cost (as defined in the Work Letter), which amount is referred to as the “Extra Deposit.” Lessee shall provide quarterly reports which shall include the budget referred to below and shall be prepared on a cash basis and shall also reasonably describe Lessee’s financial condition. The quarterly reports shall be submitted on or before the first day of each calendar quarter and shall be certified by Lessee’s chief financial officer. The quarterly reports must detail the level of Available Cash and current estimated costs of normal reasonably anticipated business operations for the next succeeding six (6) month period. If after providing the Letter of Credit, Lessee demonstrates pursuant to the next subsequent quarterly financial reports prepared in accordance with the requirements of this Section reasonably prepared by Lessee’s chief financial officer that its Available Cash is equal to or in excess of the Cash Requirement for the next six (6) month period, Lessor shall, within five (5) business days thereafter surrender the Letter of Credit. In no event shall Lessee be obligated to deliver such Letter of Credit or the quarterly reports after the initial Term. In the event that (x) Lessee delivers any quarterly report indicating that no Letter of Credit needs to be then delivered (the “Subject Report”) and (y) Lessor does not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessorhave possession of the Letter of Credit (delivered pursuant to a previous quarterly report) then, no part later than ninety (90) days after the delivery of the Security Deposit Subject Report and not after the next quarterly report has been delivered, during the initial Term (but not in any event during Lessee’s first fiscal quarter in any year), Lessor shall have the right to audit Lessee’s financial records relating to Lessee’s financial condition (other than those records and materials which are the subject (i) to any confidentiality agreement or non-disclosure obligation or (ii) of any attorney-client privilege or attorney work product doctrine) to confirm that Lessee is not obligated to deliver the Letter of Credit. Such audit must be concluded within thirty (30) days after commencement and shall be considered conducted by an independent firm of certified public accountants with a national or regional reputation and with extensive experience in auditing companies such as Lessee. Such auditors shall not be compensated on the basis of a contingency fee. In the event such audit discloses that the Available Cash was less than the Cash Requirement with respect to be held the period covered by such quarterly report, Lessee shall in trustaddition to providing the Letter of Credit, to bear interest shall pay the reasonable and actual cost of the audit (disregarding any bonus or other increment for its use, or incentive compensation). In no event shall Lessor have the right to be prepayment for any monies to be paid by Lessee conduct an audit under this LeaseSection 5 after Lessee has completed its initial public offering. At any time during the pendency of the audit, Lessee shall have the right to deliver the Letter of Credit and thereupon Lessor shall terminate the audit. Lessee shall have no right to challenge its obligation to deliver the Letter of Credit unless Lessee shall have delivered the Letter of Credit to Lessor “under protest.

Appears in 2 contracts

Sources: Office Building Lease (Xencor Inc), Office Building Lease (Xencor Inc)

Security Deposit. Lessee shall shall, deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's the full and faithful payment and performance by Lessee of Lessee's its obligations under this Lease, and not as a prepayment of Rent. The Security Deposit shall be deposited with Lessor simultaneously with the execution and delivery of this Lease. For purposes of this Lease, the term “Security Deposit” shall mean and include all cash security deposited with Lessor pursuant to this Section. Any cash security held by Lessor pursuant to this section may be commingled with Lessor’s other funds. Lessor shall assign and deliver the Security Deposit to any transferee of the Building and thereafter Lessor shall have no further responsibility therefor. Upon the expiration (or earlier termination) of the Term of this Lease, Lessor shall inspect the Premises, make such deductions from the Security Deposit as may be required to cure any default by Lessee hereunder, and, if Lessee is not then in default hereunder, return the cash security then held by Lessor to Lessee within thirty (30) days of such expiration or termination. If Lessee fails is in default at the time of such expiration or termination, the Lessor shall be entitled to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults retain so much of the Security Deposit as Lessor reasonably estimates to be Lessee’s liability to Lessor under this Lease (as defined in Paragraph 13.1)and shall pay the balance, if any, to Lessee within such 30-day period. In the event that Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Depositthe cash security, towards the cure of an Event of Default by Lessee hereunder or towards damages payable by Lessee to Lessor by reason of the occurrence of an Event of Default by Lessee hereunder, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient pay to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with as Additional Rent, the amount so expended by Lessor as an addition to the Security Deposit within thirty (30) business days of notice given by Lessor so that the total amount of the Security Deposit shall at all times bear the same proportion (subject to the then current Base Rent thirty (30)-business day grace period herein referenced) Lessor shall be entitled to hold the full cash security required to be deposited with Lessor hereunder. Any failure of Lessee to deliver to Lessor the cash security as prescribed herein or any amounts expended from the initial cash security within the time and manner specified in this Section shall constitute an Event of Default under the Lease and Lessor shall retain such cash amounts (or the cash security, as appropriate) as a Security Deposit bears pursuant to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part provisions of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseSection.

Appears in 2 contracts

Sources: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.113.1 ), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Zytec Corp /Mn/), Lease Agreement (Zytec Corp /Mn/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, shall at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), ) that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Homestead Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Homestead Com Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by direct proximate reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies with moneys wit Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Details Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor In an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, Increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such Increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit shall security deposit held by Lessor shell at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's optionoptions, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $1,656.00 as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by lessor shall at all times bear the same proportion to the then current Base Rent rent as the initial Security Deposit original security deposit bears to the initial Base Rent original monthly rent set forth in Paragraph 1.54.1 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premises, return interest or other increment for its use to Lessee (or, at LessorLessee's option, to the last assignee, if any, of Lessee's interest herein)hereunder) within thirty (30) days after the expiration f the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit. The $1,684.00 security despot that portion was paid for lease dated 10/3/00 will be transferred and used for damages against this lease. The difference of the Security Deposit not used or $28.00 will be applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseSeptember rent.

Appears in 2 contracts

Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all of or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Anda Networks Inc), Lease Agreement (Anda Networks Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply apply, or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Scheid Vineyards Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Spectratek Technologies Inc), Lease Agreement (Phoenix International Life Sciences Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit Deposits for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor Lessors uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Pets Com Inc), Lease Agreement (Pets Com Inc)

Security Deposit. The Lessee shall agrees to deposit a security deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance under the Lease and by law. Lessee acknowledges that the security deposit may not be maintained by the Lessor and may be used to pay expenses of the property owner or paid to the property owner. The Lessee agrees the deposit is not an advance payment of rent and does not relieve the obligation to pay rent including rent for the last month of occupancy. At the expiration of the lease term Lessor may apply the security deposit for past due rent, fees, utilities, and/or the cost of repairing damage beyond reasonable wear and tear to the Premises. Also, abandonment or vacating of the Premises by Lessee before the end of the term of the lease shall result in Lessor deducting damages he/she has incurred from the security deposit. Each Lessee shall be jointly and severally responsible for all losses incurred by Lessor occasioned by the tenancy. Lessee agrees to provide Lessor, in writing, a forwarding address upon vacating the Premises. Lessor agrees to return to the Lessee the security deposit, or whatever part has not been applied in payment of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderthe lease, or otherwise Defaults under this Lease within thirty (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (1030) days after written request therefore deposit monies with Lessor sufficient expiration of the lease or delivery of possession of the Premises to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition whichever is last to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5occur. Lessor shall not All deductions will be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed itemized in writing by Lessor, no part . Lessor may seek damages in excess of the Security Deposit shall be considered security deposit and Lessee agrees to be held in trust, to bear interest or other increment for its use, or to be prepayment reimburse Lessor for any monies rent, fees, utilities due and/or damages exceeding the security deposit. One check will be issued for the return of security deposit funds and the check will be issued to all Lessees unless there are more than three lessees, in which case the Lessees will designate one Lessee to whom the check will be paid by Lessee under this Leaseissued.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of ▇▇▇▇▇▇'s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessora the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its Its general accounts. Lessor shallIf ▇▇▇▇▇▇ performs all of ▇▇▇▇▇▇'s obligations hereunder, at the expiration said deposit or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, . at Lessor▇▇▇▇▇▇'s option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion hereunder) at the expiration of the term hereof, and after ▇▇▇▇▇▇ has vacated the Premises. No trust relationship is created herein between ▇▇▇▇▇▇ and ▇▇▇▇▇▇ with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Sublet Agreement (California Software Corp), Sublet Agreement (California Software Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If It Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in In Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this This Lease. If II Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including Including attorneys' fees) which Lessor may suffer or incur Incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full lull amount required by this Lease. Any time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in In Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its Its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after alter Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest Interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest Interest or other increment Increment for its Its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Formfactor Inc), Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)

Security Deposit. Lessee shall deposit pay the Security Deposit to Lessor concurrently with Lessor upon Lessee's execution hereof and delivery of this Lease. Lessor shall hold the Security Deposit set forth in Paragraph 1.7 as security for Lessee's to secure the faithful performance by Lessee of Lessee's obligations under all of the terms, covenants, and conditions of this LeaseLease to be kept and performed by Lessee during the Term hereof. If Lessee fails defaults with respect to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under any provision of this Lease (as defined in Paragraph 13.1)beyond any applicable grace or cure periods, Lessor may (but shall not be required to) use, apply or retain all or any portion part of said this Security Deposit for the payment of rent or any amount due which Lessor may spend by reason of Lessee's default or to reimburse or compensate Lessor for any liability, cost, expense, other loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofof Lessee's default. If Lessor uses or applies all or any portion of said the Security DepositDeposit is so used or applied, Lessee shall shall, within ten (10) days after written request therefore demand therefor, deposit monies cash with Lessor in an amount sufficient to restore said the Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5its original amount. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accountsfunds, and Lessee shall not be entitled to interest on such deposit. Lessor shallIf Lessee fully and faithfully performs every obligation of Lessee under this Lease, at the expiration Security Deposit or earlier termination of the term hereof and after Lessee has vacated the Premises, return any balance thereof shall be returned to Lessee (or, at Lessor's option, to the last assignee, if any, assignee of Lessee's interests hereunder) within 30 days after the expiration of the Lease Term and after Lessee has vacated the Premises. In the event of termination of Lessor's interest herein)in this Lease, that portion of Lessor shall transfer the Security Deposit not used to Lessor's successor-in-interest, whereupon Lessor shall have no further liability for the return of or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of any accounting for the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Lease (Infospace Inc), Lease Agreement (Go2net Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $5472.88 as security for Lessee's faithful performance of Lessee's Lessees obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any other provision of this Lease (as defined in Paragraph 13.1)lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent, change for repair(s), cleaning, or replacement of damaged equipment, or other charge in default, or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 4. 1. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessees obligations, at the expiration said deposit or earlier termination so much thereof as has not theretofore been applied by lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 2 contracts

Sources: Commercial Lease (Quadrax Corp), Commercial Lease (Quadrax Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorneys fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (3dshopping Com), Standard Industrial/Commercial Multi Tenant Lease (Innovacom Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's Lessees interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ansys Diagnostics Inc)

Security Deposit. Lessee shall has on deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ____ faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults ______ under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expenseexpense (including, but no limited to the cleaning and/or restoration of the Premises after Lessee vacates), loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be e considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Multi Tenant Industrial Lease (American Medical Systems Holdings Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's ' s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provisions of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Lease Agreement (Mirage Holdings Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Formfactor Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 Nineteen Thousand Eight Hundred Sixty-seven and No/100 ($19,867.00) as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply apply, or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 4. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by LessorDeposit. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseUse.

Appears in 1 contract

Sources: Standard Industrial Lease (Egghead Com Inc/De)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required require by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its this use, or to be prepayment for any monies to be paid by Lessee Lessor under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Align Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the PremisesPremises and performed all obligations under this Lease, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Eroom System Technologies Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), ) Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Qad Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease. (Also see Addendum, Paragraph__.)

Appears in 1 contract

Sources: Lease Agreement (Elitra Pharmaceuticals Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Lease (Arqule Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor lessor may suffer or incur by reason thereof. If Lessor lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease Gross (Diamond Entertainment Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition sufficient to the Security Deposit so that the total amount of the Security Deposit shall at all times bear maintain the same proportion to ratio between the then current Base Rent security deposit and the base rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease. Upon Lessee's completion of tenant improvements, Lessor, at Lessor's sole discretion, may refund one month of the security deposit provided Lessee is not in default, Lessor will . . .

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Vitria Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at shall no later than thirty days after the later of (1) the expiration or earlier termination of the term hereof and after Lease, (2) the date upon which Lessee has vacated the Premises, return or (3) the date by which Lessee has provided Lessor with a closure letter from the City of Santa Clar▇, ▇▇turn to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Symyx Technologies Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 additional sum of Ten Thousand Eight Hundred Seventy-Five and 00/100 Dollars ($10,875.00), receipt of which is hereby acknowledged by Lessor, as security for the full and faithful performance by Lessee of the terms, conditions, and covenants of this Lease on Lessee's faithful performance part to be performed and kept and for the cost of Lessee's obligations under this Leaseany repair or correction of damage in excess of normal wear and tear. If at any time during the term hereof Lessee fails to pay Base Rent shall be in default in the payment of rent or other rent or charges sums due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)any portion thereof, or of any other sums expressly constituting rent hereunder, Lessor may use, appropriate and apply or retain all or any portion of said Security Deposit for the security deposit as may be necessary to the payment of the overdue rent or other sums due hereunder. If at any amount due Lessor or time during the term hereof Lessee should fail to reimburse or compensate Lessor for repair any liabilitydamage to the Premises that it is required to repair pursuant to the terms hereof, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer appropriate and apply any portion of the security deposit as may be reasonably necessary to make such repairs. The security deposit or incur any balance thereof shall be returned without interest after the Lessee has surrendered the Premises in an acceptable condition (following a personal inspection by reason thereofLessor). If Lessor uses determines that any loss, damage, or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit injury chargeable to the full amount required by this Lease. Any time Lessee hereunder exceeds the Base Rent increases during security deposit, the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor at its option, may retain the said sum as an addition to liquidated damages or may apply the Security Deposit so that sum against any actual loss, damage, or injury and the total amount balance thereof will be the responsibility of Lessee. Lessor's determination of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneeamount, if any, of Lessee's interest herein), that portion of to be returned to the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit Lessee shall be considered final. It is further understood and agreed that the said security deposit is not to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee considered as the last payment under this the Lease.

Appears in 1 contract

Sources: Lease Agreement (Aas Capital Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then than current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as had not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assigneeassignees, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created here in between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Lease Agreement (Idealab)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the sum of Sixty-Four Thousand Three Hundred Eight and Thirty One Hundredths Dollars ($64,308.30) (the "Security Deposit set forth in Paragraph 1.7 Deposit") as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Monthly Base Rent or other rent Additional Rent or charges due hereunder, or otherwise Defaults defaults under this Lease (as defined in Paragraph 13.121), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease (Accom Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Lease. hereunder, If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, . or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5In paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIt Lessee performs all of Lessee's obligations hereunder. said deposit, at the expiration or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease6.

Appears in 1 contract

Sources: Standard Office Lease (Orange National Bancorp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. , Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (North American Scientific Inc)

Security Deposit. Lessee Upon signing this lease and before being allowed to take possession of the premises, lessee shall deposit with Lessor upon Lessee's execution hereof lessor the Security Deposit set forth in Paragraph 1.7 amount of $ 575 , to be held by lessor as security for Lessee's faithful the performance of Lesseethis lease by lessee. The security deposit may be commingled with other funds of lessor and shall bear no interest. The security deposit is not a substitute for the last month's obligations under rent, and lessee agrees to make timely payment of the last month's rent. Lessee agrees that lessor's expense for carpet-­‐cleaning performed at the end of the lease shall be deemed additional rent. Lessor shall be entitled to deduct from the security deposit: (a) All unpaid rent owed through the end of this Leaselease, (b) any additional charges described in this lease as additional rent, and (c) expenses related to repairs, painting or cleaning necessary to restore the premises and furnishings to their condition as at the beginning of the lease, fair wear and tear excepted. If Lessee fails agrees to pay Base Rent or other rent or be liable for all such charges due hereunderwhich exceed the security deposit. Lessee agrees to follow any written move-­‐out instructions provided by lessor. Lessor will give lessee reasonable written notice at lessee's last-­‐known address, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)person, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or date and time when lessor will inspect the premises to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to determine the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion security deposit to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneewithheld, if any, and lessee will have the right to be present during inspection. Any statements or estimates made by lessor or lessor's representative during inspection are subject to correction or modification before final security deposit accounting. Pursuant to law, within 30 days after termination of Lesseethis lease, lessor will mail to lessee, at lessee's interest herein)last-­‐known address, that a written itemized list of charges withheld from the security deposit, if any, together with the unexpended portion of the Security Deposit not used or applied by Lessorsecurity deposit, if any. Unless otherwise expressly agreed in writing by LessorLessee must provide a forwarding address; if no forwarding address is provided, no part lessee agrees that the inspection notice, itemization of charges (if any), and refund (if any), may be mailed to the address of the Security Deposit premises. If more than one lessee signed this lease, lessee agrees that lessor may pay any security deposit refund to any single lessee or by one check jointly payable to all lessees. Any refund and any deduction itemizations may be mailed to one lessee only. The lessee to whom any refund is mailed agrees to indemnify and hold lessor harmless from the claims of the other lessees relating to the security deposit. If lessee is vacating the premises on or after the termination date of this lease, the 30-­‐day period to account for the security deposit shall be considered begin only when all of lessee's property has been removed, all occupants have departed, and all keys and other access devices (such as garage door openers) have been delivered to be held in trustlessor. If lessee abandons the premises before the termination date of this lease, the 30-­‐day period to bear interest account for the security deposit shall begin on said termination date or other increment for its usethe date lessor re-­‐rents the premises, or to be prepayment for any monies to be paid by Lessee under this Leasewhichever is earlier.

Appears in 1 contract

Sources: Residential Lease Agreement

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1), Lease. Lessor may use, apply or retain all or to any portion of said Security Deposit deposit for the payment of any amount due rent to other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to of keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion Interest hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Quadramed Corp)

Security Deposit. Lessee shall deposit has already deposited with Lessor an amount equal the sum set forth on the Informational Sheet ("Security Deposit"). This sum shall be retained by ▇▇▇▇▇▇ as security for the payment by ▇▇▇▇▇▇ of the Base Rent and other sums payable by Lessee under this Lease and for the faithful performance by ▇▇▇▇▇▇ of all the other terms, covenants and conditions of this Lease. Lessor, at Lessor's option and upon prior written notice to Lessee's execution hereof , may, at any time, apply the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful or any part thereof toward the payment of the Base Rent and/or Additional Rent and/or toward the performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), The Security Deposit shall not constitute liquidated damages. Lessor may use, apply or retain all or any shall return the unused portion of said the Security Deposit, if any, to Lessee within thirty (30) days after the expiration of the Term if Lessee is not in breach of this Lease. If the Security Deposit for the payment of any is insufficient to cover Lessor's actual damages, Lessee shall pay on demand to Lessor an amount due Lessor or sufficient to reimburse or fully compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessees breach. Lessor may suffer (but is not obligated to) exhaust any or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, rights and remedies against Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition before resorting to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Deposit. Lessor shall not be required to keep all or pay Lessee any part of interest on the Security Deposit nor hold same in a separate from account. If Lessor sells the Building, Lessor shall deliver the Security Deposit, if applicable or the unapplied portion thereof to the new owner. ▇▇▇▇▇▇ agrees that if ▇▇▇▇▇▇ turns over the Security Deposit or the unapplied portion thereof to the new owner, ▇▇▇▇▇▇ shall look to the new owner only and not to Lessor for its general accounts. Lessor shall, at the return upon expiration or earlier termination of the term hereof Term. If Lessee assigns this Lease, the Security Deposit shall remain with Lessor for the benefit of the new tenant and after shall be returned to such tenant upon the same conditions as would have entitled Lessee has vacated to its return. No mortgagee of the Premises, Building will be liable for the return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that any portion of the Security Deposit not used or applied Deposit, except to the extent actually received by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasesuch mortgagee.

Appears in 1 contract

Sources: Sublease Agreement (Bright Mountain Media, Inc.)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's ---------------- execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at LessorLessee's optionrequest, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no No part of the Security Deposit shall be considered to be held hold in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Net Lease (Spectrian Corp /Ca/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in In Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Lease. If Lessee fails falls to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur Incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten ton (10) days after written request therefore deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any My time the Base Rent increases Increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the slime ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its Its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in In writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Tenant Lease (Invivo Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 S 30,000_00 as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder (the "Deposit"). Lasses shall not mortgage, pledge, encumber or assign the Security Deposit nor any rights thereto without the written consent of the Lessor. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor Rent or other charge in default or for the payment of any other sums to which Lessee may become obligated by reason of its default, or to reimburse or compensate Lessor for any liabilitylosses, costdamages, expenseexpenses or fees, loss or damage (including attorneys' fees) attorneys frees, which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount required by hereinabove stated and Lessee's failure to do so shall be a material breach of this Lease. Any If the monthly Rent (Base, Extra and/or Additional) shall, from time the Base Rent increases to time, increase during the term tam of this Lease, Lessee shall, upon written request from Lessor, shall thereupon deposit additional monies with Lessor as an addition to the Security Deposit additional security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit original security deposit bears to the initial Base original monthly Rent set forth in Paragraph 1.54.1 hereof. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not therefore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and only after Lessee has vacated the Premises, paid all money due to Lessor and fulfilled all of Lessee's obligations under the Lease. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit Deposit. If Lessee is not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessordefault in any of, no part the terms of conditions of this Lease, Lessor shall refund $5,000.00 to Lessee upon commencement term of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease5th year.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Able Laboratories Inc)

Security Deposit. Lessee shall have deposited with Lessor upon execution hereof, the sum of Eight Thousand Seven Hundred Fifty and 00/100 Dollars ($8,750.00) for Lessee’s faithful performance of Lessee’s obligations hereunder. Lessee has on deposit with Lessor a security deposit in the amount of Eight Thousand Seven Hundred Fifty and 00/100 Dollars ($8,750.00) under the terms and conditions of its Prior Lease, which shall be credited against the security deposit due hereunder. Additionally, from time to time, as necessary, Lessee shall deposit with Lessor amounts as determined by Lessor under paragraph 24(D), infra., to secure the removal of Alterations and Improvements (as hereinafter defined) upon Lessee's execution hereof termination of the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit security deposit for the payment of any amount due rent or other charge in default or for the payment of other sums to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand thereof, deposit monies funds with Lessor Lessor, by good check, in an amount sufficient to restore said Security Deposit deposit to the full amount required by herein above stated and Lessee’s failure to do so shall be a material breach of this Lease. Any time If Lessee is in default under this Lease more two (2) times within any twelve (12) month period, irrespective of whether or not such default is cured, then, without limiting Lessor’s other rights and remedies provided for in this Lease or at law or equity, or both, the Base Rent increases during the term Lessee, within ten (10) days of this Lease, Lessee shall, upon written request notice from Lessor, shall deposit additional monies with Lessor such amount as an addition is necessary to increase the Security Deposit so that deposit held by Lessor to two (2) times the total amount held at the time of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5said notice. Lessor shall not be required to keep all or any part of the Security Deposit said deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination of the term hereof and after Lessee has vacated the Premisesso much thereof as had not theretofore been applied by Lessor, return shall be returned to Lessee without interest (or, or at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the Security Deposit not used or applied by Lessorterm hereof, and after Lessee has vacated the Premises. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered No trust relationship is granted herein between Lessor and Lessee with respect to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasesaid security deposit.

Appears in 1 contract

Sources: Lease Agreement (American Bank Note Holographics Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 $8,064.00 as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 4. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasedeposit.

Appears in 1 contract

Sources: Standard Industrial Lease (Drugstore Com Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or hereunder o otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease,. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Liquid Audio Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.. Refer to Ex. C

Appears in 1 contract

Sources: Lease Agreement (Elitra Pharmaceuticals Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time It the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIt Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Paperclip Imaging Software Inc/De)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease. (Also see paragraph 50 for additional provisions).

Appears in 1 contract

Sources: Lease Agreement (Hydrogen Burner Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If thereby if Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the tot he last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by LessorDeposit. Unless otherwise expressly agreed in writing by Lessor, no part Lessor retains the right to increase the amount of the Security Deposit shall be considered to be held security deposit if Lessee leases additional space in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasethe Office Building Project.

Appears in 1 contract

Sources: Lease Agreement (Icc Technologies Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time It the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Northern Empire Bancshares)

Security Deposit. Lessee shall At the execution of this Dwelling Lease Agreement, Tenant agrees to pay and deposit with Lessor upon Lesseethe WHA the sum of $ to be held by the WHA and which may be applied at the option of the WHA to the payment of accrued rent, to the amount of any damages which the WHA may suffer by reason of Tenant's execution hereof damage to the Security Deposit set forth in Paragraph 1.7 property, reasonable wear and tear excepted, and/or noncompliance with K.S.A. 58-2555, as security for Lessee's faithful performance amended, of Lesseethe Kansas Residential Tenant and Landlord Act, and Tenant's obligations under the terms of this LeaseDwelling Lease Agreement. The payment of the security deposit may be made in full or by payments of $ upon occupancy and $ per month for the succeeding months until paid in full. If Lessee fails the WHA proposes to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all the security deposit or any portion thereof for expenses, damage or other legally-allowable charges under the provisions of said Security Deposit for this Dwelling Lease Agreement, other than rent, the payment WHA shall return the balance of any amount due Lessor or the security deposit with interest to reimburse or compensate Lessor for any liability, cost, expense, loss or damage Tenant within fourteen (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (1014) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to determination of the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of such expenses, damages, or other charges, and in any event not later than thirty (30) days after the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof tenancy, delivery of possession and demand by Tenant. If Tenant does not make such demand within thirty (30) days after Lessee has vacated the Premisestermination of the tenancy, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), WHA shall mail that portion of the Security Deposit security deposit due the Tenant to Tenant's last known address. Tenant shall not used apply or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part deduct any portion of the Security Deposit security deposit from the last month's rent or use or apply such security deposit at any time in lieu of payment of rent. It is agreed if Tenant attempts to do so, the security deposit shall be considered to be held in trustforfeited and Tenant shall pay WHA the rent due as if the deposit had not been applied or deducted from the rent. If WHA retains the security deposit or any portion thereof, to bear interest or WHA will give Tenant a written statement of any such costs for damages and/or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasecharges.

Appears in 1 contract

Sources: Public Housing Dwelling Lease Agreement

Security Deposit. Upon the execution of the Lease, Lessee shall deposit with pay to Lanard & Axilbund, Inc., Agent for Lessor upon Lessee's execution hereof ("Agent"), the Security Deposit set forth in Paragraph 1.7 sum of SIX THOUSAND TWO HUNDRED THIRTY DOLLARS ($6,230.00), which sum shall be held by Agent as collateral security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined receipt of which is hereby acknowledged by Agent. In the event Lessor should allege that Lessee is in Paragraph 13.1)default hereunder, Lessor the security deposit and accrued interest shall be forthwith applicable on account of sums which may use, apply or retain all or any portion of said Security Deposit for the payment of any amount be due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Depositsuch default and Agent, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leasewithout liability therefor, Lessee shall, upon written request from Lessordemand of Lessor setting forth the basis of default, disburse to Lessor such amounts as Lessor requests, and Lessor agrees to hold harmless, indemnify and defend Agent on account of such disbursements. Such application of the security deposit additional monies with Lessor as an shall be in addition to all other rights and remedies accruing to Lessor hereunder. At the Security Deposit so that the total amount termination of Lessee's tenancy and upon surrender of the Security Deposit shall at all times bear demised premises as provided for in the same proportion to Lease, the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part unapplied balance of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assigneesecurity deposit, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered returned to Lessee. Agent shall place said security deposit in an interest bearing escrow savings account, and Lessee, provided Lessee shall not be in default hereunder, shall be entitled to the interest earned thereon at the termination of said Lease. Agent shall be entitled to reasonable legal costs incurred as a result of any lawsuit arising out of this section, said cost to be held borne by the non-prevailing party. If Lessee shall be in trustdefault, Lessee agrees that the interest earned on said security deposit shall be applicable to bear interest any rent or other increment for its use, or to be prepayment for any monies to be paid by Lessee additional rent due under this the Lease.

Appears in 1 contract

Sources: Lease Agreement (Holts Cigar Holdings Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails tails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after alter written request therefore deposit monies movies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies movies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Align Technology Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.8 of the Basic Lease Provisions as security for Lessee's ’s faithful performance of Lessee's ’s obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee’s default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Lessee. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee’s obligations hereunder, at the expiration said deposit, on so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of interest or earlier termination of the term hereof and after Lessee has vacated the Premisesother increment for its use, return to Lessee (or, at Lessor's ’s option, to the last assignee, if any, of Lessee's ’s interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Notify Technology Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security $6162.80 and Deposit set forth in Paragraph 1.7 an additional $8,083.00 on January 1, 2004 with Lessor as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any If the monthly rent shall, from time the Base Rent increases to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5paragraph 4. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Lease Agreement (Redenvelope Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Lease. hereunder, If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5In paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIt Lessee performs all of Lessee's obligations hereunder. said deposit, at the expiration or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease6.

Appears in 1 contract

Sources: Standard Office Lease (Orange National Bancorp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default, for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current than Current Base Rent as the initial Security Deposit security deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Office Lease (Country Star Restaurants Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's ’s faithful performance of Lessee's its obligations under this Lease. Lessor shall not be required to keep the Security Deposit separate from its general accounts. No part of the Security Deposit shall be considered to be held in trust or to bear interest. If Lessee fails to pay Base Rent or other rent or charges due hereunderRent, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. Upon and in connection with the Commencement Date and the closing of the purchase and sale under the REPC, Lessor shall have the opportunity to and shall cause a complete walk-through inspection of the Premises to document and benchmark the condition of the Premises on that date. A mutually agreed record of such inspection shall be kept and the maintenance and repair obligations of the Lessee shall be governed thereby. If the Premises are returned at the end of this Lease in the condition mandated hereunder in Section 7.4(c) and all rental payment and other monetary obligations of the Lessee have been met, then the Lessor uses or applies all or any portion shall, within fifteen (15) business days after the surrender of the Premises, refund to Lessee the said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with . Lessor sufficient may deduct the reasonable cost of any repairs to restore said Security Deposit cause the Premises to meet the full amount required surrender standards imposed by this Lease. Any time the Base Rent increases during Lease and any unpaid monetary obligations under the term of this Lease, Lessee shall, upon written request Lease from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that or Obligation Deposit, as the total amount case may be. In the event any amounts are deducted from the refund, Lessor shall also provide to Lessee a detailed statement of the Security Deposit shall at all times bear the same proportion particulars giving rise to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5charges that were deducted. Lessor The provisions of subsection (c) of Section 1.5 above shall not be required to keep all or any part of also govern the Security Deposit separate from Deposit, its general accounts. Lessor shallrelease, at the expiration or earlier termination of the term hereof payment and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Leasedistribution.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Lumenis LTD)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore therefor deposit monies moneys with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases Increases during the term of this Lease, Lessee shall, ; upon written request from Lessor, deposit additional monies moneys with Lessor as an addition sufficient to maintain the same ratio between the Security Deposit so that and the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as those amounts are specified in the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5Basic Provisions. Lessor shall not be required to keep all al or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if it any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies moneys to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Paramark Enterprises Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunderhereunder and such failure continues after expiration of any applicable notice and cure period, or if Lessee otherwise Defaults commits a Breach under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorneys fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this LeaseLease (including Paragraph 49 of the Addendum), Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Graham Field Health Products Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessorlessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Zomax Optical Media Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof hereof, the Security Deposit set forth in Paragraph 1.7 1.17 as security for Lessee's faithful performance of Lessee's obligations under this Lease. Notwithstanding the foregoing, Lessor and Lessee acknowledge and agree that Lessor, pursuant to the Existing Lease, is holding a security deposit from Lessee in the amount of $30,000 (the “Existing Security Deposit”). The Existing Security Deposit shall be fully applied to the Security Deposit required to be deposited pursuant to this Paragraph 5. No additional Security Deposit shall be required by Tenant in connection with this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including reasonable attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term Term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or of applied by LessorLessor in accordance with the terms of this Lease. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Spectranetics Corp)

Security Deposit. Lessee shall shell deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provisional this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessees default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request demand therefore deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time at such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5paragraph 1.6 at the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIt Lessee performs all of Lessee's obligations hereunder, said deposit, or so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment at the expiration interest or earlier termination of the term hereof and after Lessee has vacated the Premises, return other increment for its use to Lessee (or, at Lessor's optionOption, to the last assignee, if any, of at Lessee's interest herein), that portion hereunder) at the expiration of the term thereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Total Film Group Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lesseelessee's execution hereof the Security Deposit as set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expenseexpense including but not limited to the cleaning of the Premises after Lessee vacates, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Canmax Inc /Wy/)

Security Deposit. Lessee shall deposit with Lessor upon Lessee▇▇▇▇▇▇'s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee▇▇▇▇▇▇'s faithful performance of Lessee▇▇▇▇▇▇'s obligations under this Lease. If Lessee fails to pay Base Bass Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee ▇▇▇▇▇▇ has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee▇▇▇▇▇▇'s interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor▇▇▇▇▇▇, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Supergen Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in In Paragraph 13.1), Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in In trust, to bear interest Interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Laser Photonics Inc)

Security Deposit. Lessee shall be obligated to deposit with Lessor a security deposit equal to one (1) month’s Rent (“Security Deposit”) upon Lessee's ▇▇▇▇▇▇’s execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee ▇▇▇▇▇▇ fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)provided herein, Lessor may use, apply or retain all or any portion of said use the Security Deposit for to pay the payment of Rent then due. If ▇▇▇▇▇▇ fails to timely perform any amount due other term or provision in this Lease, Lessor or may use the Security Deposit, and any interest accrued thereon, to reimburse or compensate Lessor itself for any liabilitycosts, cost, expense, loss expenses or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofdamages that ▇▇▇▇▇▇ incurs as a result of ▇▇▇▇▇▇’s default hereunder. If Lessor uses or applies all the Security Deposit, or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Leasethereof, Lessee shall, upon written request notice from Lessor, deposit additional monies with send to Lessor as an addition amount equal to the Security Deposit so that or portion thereof used by Lessor. That amount is due, when billed, as Rent. At all times during the total Term or any Renewal Term, Lessor shall hold the amount of the Security Deposit shall at stated above. If ▇▇▇▇▇▇ fully performs all times bear of the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. terms and provisions of this Lease, Lessor shall not return the Security Deposit, and any interest accrued thereon, to Lessee within thirty (30) days from the expiration or early termination of this Lease. If Lessor sells, transfers, assigns or leases the Premises and/or Building to a third party, Lessor may transfer the Security Deposit, and interest accrued thereon, to said third party. In such event, Lessor shall notify ▇▇▇▇▇▇ in writing of said transfer and the name and address of such third party, said third party shall be required to keep all or any part solely responsible for the return of the Security Deposit separate to Lessee and Lessor shall be deemed released from its general accountsany obligations relating to the Security Deposit. Lessor shall, at may hold the expiration security in any place or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied institution permitted by Lessorlaw. Unless otherwise expressly agreed in writing by Lessor, no part of the The Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid only if required by Lessee under this Leaselaw.

Appears in 1 contract

Sources: Building Lease

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit set forth in Paragraph 1.7 as security for Lessee's faithful performance of Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1), . Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' attorney's fees) which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor as an addition to the Security Deposit so that the total amount of the Security Deposit shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit bears to the initial Base Rent set forth in Paragraph 1.5. 1.5 Lessor shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Maxwell Laboratories Inc /De/)

Security Deposit. Lessee shall deposit hereby deposits with Lessor upon Lesseelessor the sum of $1,990.00 (One month's execution hereof the Security Deposit set forth in Paragraph 1.7 rent, telephone, internet & fax charges) to be held without interest and commingled with Lessor's other funds, as security for Lessee's faithful performance of all of the terms, covenants and conditions of this Lease to be observed and performed by Lessee's obligations under this Lease. If Lessee fails to pay Base Rent or other rent or charges due hereunder, or otherwise Defaults under this Lease (as defined in Paragraph 13.1)faithfully observe any of the foregoing, Lessor may may, in its discretion, use, apply or retain all or any portion part of said Security Deposit the security deposit for the payment of rent or the curing of any amount due Lessor other default or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may incur or suffer or incur by reason thereofof Lessee's default. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefore deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Any time the Base Rent increases during the term of assigns Lessor's interest in this Lease, the security deposit may be transferred to Lessor's successor in interest and Lessee shallshall thereafter look solely to Lessor's successor for the return of and accounting for the security deposit with no further liability on the part of Lessor. In the event Lessee assigns Lessee's interest in this Lease (upon prior written consent of Lessor), upon written request from Lessor, deposit additional monies with Lessor as an addition Lessee agrees to the Security Deposit so that the total amount look solely to such assignee for repayment of the Security Deposit security deposit. In no event shall at all times bear the same proportion security deposit be deemed or considered by Lessee to be the then current Base Rent as advance payment of rent for the initial Security Deposit bears to last month of the initial Base Rent set forth in Paragraph 1.5Lease term. Lessor shall not be required refund the security deposit to keep all or any part of the Security Deposit separate from its general accounts. Lessor shall, at the expiration or earlier termination of the term hereof and Lessee with 45 days after Lessee has vacated the Premises, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion moved out of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Premises after the expiration of the Lease term with appropriate notice to Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for less any monies to be paid amount owed by Lessee under this Lease.for unpaid rent, unpaid services, damages to Premises beyond normal wear and tear, late payment charges, unreturned electronic cards and keys, unpaid secretarial charges including but not limited to charges for word processing, photocopying, FAX, postage and related materials, and telephone charges and

Appears in 1 contract

Sources: Lease Agreement (Allies LTD)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof ---------------- the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1), Lessor Lease. lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all al or any portion of said Security Deposit, Lessee shall deposit. Leases ___ all within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount in required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5. paragraph 1.6 of the Basic Lease Provisions, Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. If Lessor shallperforms all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, any of Lessee's interest herein), that portion of the Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this Lease.interest

Appears in 1 contract

Sources: Standard Office Lease (Embedded Support Tools Corp)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.10 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, hereunder or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.7 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, or earlier termination so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of the term hereof and after Lessee has vacated the Premisesinterest or other increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Standard Office Lease (Combichem Inc)

Security Deposit. Lessee shall deposit with Lessor upon Lessee's execution ---------------- hereof the Security Deposit security deposit set forth in Paragraph 1.7 paragraph 1.9 of the Basic Lease Provisions as security for Lessee's faithful performance of Lessee's obligations under this Leasehereunder. If Lessee fails to pay Base Rent rent or other rent or charges due hereunder, or otherwise Defaults under defaults with respect to any provision of this Lease (as defined in Paragraph 13.1)Lease, Lessor may use, apply or retain all or any portion of said Security Deposit deposit for the payment of any amount due rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to reimburse or compensate Lessor for any liability, cost, expense, loss or damage (including attorneys' fees) which Lessor may suffer or incur by reason thereofthereby. If Lessor so uses or applies all or any portion of said Security Depositdeposit, Lessee shall within ten (10) days after written request therefore demand therefor deposit monies cash with Lessor in an amount sufficient to restore said Security Deposit deposit to the full amount then required by this Leaseof Lessee. Any time If the monthly Base Rent increases shall, from time to time, increase during the term of this Lease, Lessee shall, upon written request from Lessorat the time of such increase, deposit additional monies with Lessor additional money, as an addition to the Security Deposit a security deposit so that the total amount of the Security Deposit security deposit held by Lessor shall at all times bear the same proportion to the then current Base Rent as the initial Security Deposit security deposit bears to the initial Base Rent set forth in Paragraph 1.5paragraph 1.6 of the Basic Lease Provisions. Lessor shall not be required to keep all or any part of the Security Deposit said security deposit separate from its general accounts. Lessor shallIf Lessee performs all of Lessee's obligations hereunder, at the expiration said deposit, on so much thereof as has not heretofore been applied by Lessor, shall be returned, without payment of interest or earlier termination of the term hereof and after Lessee has vacated the Premisesother increment for its use, return to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herein), that portion hereunder) at the expiration of the term hereof, and after Lessee has vacated the Premises. No trust relationship is created herein between Lessor and Lessee with respect to said Security Deposit not used or applied by Lessor. Unless otherwise expressly agreed in writing by Lessor, no part of the Security Deposit shall be considered to be held in trust, to bear interest or other increment for its use, or to be prepayment for any monies to be paid by Lessee under this LeaseDeposit.

Appears in 1 contract

Sources: Lease Addendum (Notify Corp)