Common use of Security Deposit Clause in Contracts

Security Deposit. Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 4 contracts

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

Security Deposit. The Lessee shall pay to Lessor simultaneously with hereby deposits the execution sum of this Lease Agreement a sum zero and 00/100 Ten Thousand One Hundred Sixty Dollars ($0,000.0010,160.00) (with the “Security Deposit”) Lessor, the receipt of which is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease AgreementLease. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any shall maintain the full amount of the security deposit throughout the term of this Lease. In the event that the Lessee defaults with respect to any terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including but not limited to payment of any rentals, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including's default, but not limited to, including any damages or deficiency in the reletting of the Leased Demised Premises, provided, however, that any whether such use, application damages or retention deficiency may accrue before or after summary proceedings or other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that the Lessee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit shall security or the balance thereof will be returned to the Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with time fixed as the terms hereof, so long as no Event of Default by expiration thereof. The Lessee shall then not be existing under entitled to any interest on the terms security. In the absence of evidence satisfactory to the Lessor of any assignment of the right to receive this security, or the remaining balance thereof, the Lessor may return the security to the original Lessee, regardless of one or more assignments of the Lease Agreementitself. Prior to the time when the Lessee shall be entitled to return of the security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of a sale of bona fide sale, subject to this Lease, the Building or the Project, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaservendee for the benefit of the Lessee, and the Lessor shall thereupon be considered released by the Lessee from all liability for the return of such Security Deposit. sum, and the Lessee shall agrees to look solely to the new landlord solely for the return of such Security Deposit. If Lessee shall fail the security, and it is agreed that this apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased security to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months renta new landlord.

Appears in 3 contracts

Sources: Lease (Skillsoft Public Limited Co), Lease (Skillsoft Corp), Lease Agreement (Skillsoft Public Limited Co)

Security Deposit. Lessee shall pay to has deposited with Lessor, and Lessor simultaneously with the execution of this Lease Agreement a sum zero hereby acknowledges receipt of, Twenty One Thousand Two Hundred Seventv-Two and 00/100 76/100 Dollars ($0,000.0021,272.76) (the "Security Deposit") which shall be held by Lessor, without accrual of interest, as security for the full and faithful performance by Lessee L▇▇▇▇▇ of each and every term, covenant and condition all of the terms of this Lease Agreementand not as an advance rent deposit or a measure of Lessor’s damages in the case of L▇▇▇▇▇’s default. Upon an Event Such Security Deposit shall not be mortgaged, assigned, transferred or encumbered by L▇▇▇▇▇ without the express prior written consent of Default by Lessor. If Lessee under this Lease Agreement, or if Lessee fails shall fail to perform any of the terms, provisions and conditions terms of this Lease AgreementLease, then Lessor, at its option and without prejudice to any other remedy which Lessor may usehave on account thereof, apply, or retain the whole may appropriate and apply all or any part of the Security Deposit so deposited for toward the payment of any Rent or additional sum due Lessor hereunder or which Lessor may expend to any loss or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention damage sustained by Lessor due to such breach on the part of Lessee; and Lessee shall forthwith upon demand restore the whole or any Security Deposit to the original sum deposited. Any funds paid by Lessee to Lessor as part of the Security Deposit shall not be or be deemed as a deposit or advance pursuant to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement Lease, or otherwiseany exhibit, addendum or modification hereto, may be commingled with other funds of Lessor and need not be placed in trust, deposited in escrow or otherwise held in a segregated account. In the event that Should Lessee shall comply with all of the terms, covenants terms hereof and conditions promptly pay all of this Lease Agreementthe rentals and all other sums payable by Lessee to Lessor as they become due, the Security Deposit shall be returned in full to Lessee within thirty (30) 30 days after Lessee has vacated and surrendered the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementTerm. In the event of a sale of the Building bankruptcy or the Projectother creditor/debtor proceeding against L▇▇▇▇▇, Lessor shall have the right to transfer the Security Deposit shall be deemed to be first applied to the purchaser, payment of Rent and other charges due Lessor shall thereupon be released from for all liability for periods prior to the return filing of such Security Depositproceedings. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then Lessor may deliver the Security Deposit shall, within ten (10) days after demand and any other deposit made hereunder by Lessor, be increased to an amount equal L▇▇▇▇▇ to the greater purchaser of (i) three (3) times Lessor’s interest in all or any part of the aforesaid amount or (ii) three (3) months rent.Project and thereupon Lessor shall be discharged from any further liability with respect to such deposit; provided that such successor has assumed all of Lessor’s responsibilities and duties hereunder in writing; and this provision shall also apply to any subsequent transferee of Lessor

Appears in 3 contracts

Sources: Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp)

Security Deposit. Lessee shall pay to Lessor simultaneously with Upon the execution of this Lease Agreement Lease, Lessee shall make a sum zero and 00/100 deposit, in cash, with Lessor or deliver to Lessor a letter of credit in favor of Lessor, in an amount equal to ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars ($0,000.00US$160,000) (the “Security Deposit”) to serve as security for the Lessee's full and faithful performance by Lessee of each and every term, covenant and condition all of this Lease Agreement. Upon an Event of Default by Lessee its obligations under this Lease Agreement, (the "Security Deposit"). If Lessee fails to pay Rent or if Lessee any other sums due or fails to perform any of the terms, other terms or provisions and conditions of this Lease Agreementor is otherwise in Default hereunder, in addition to all other rights Lessor shall have, Lessor may use, apply, apply or retain the whole all or any part portion of the Security Deposit so deposited in partial payment for any sums it may in its discretion advance as a result of a Default by the payment Lessee or to apply toward losses or expenses Lessor may suffer or incur as a result of such Default. If Lessor uses or applies all or any portion of the Security Deposit, such application shall not be deemed a cure of any sum due Default, and Lessee shall immediately upon receipt of written demand from Lessor or which Lessor may expend or pay an amount necessary to restore the Security Deposit to its required amount, and the failure to do so shall be required to expend by reason of the Lessee’s an Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwisewithout further notice. In the event that the Lessee shall comply with all does not make timely payments of Basic Rent in any two consecutive months during the termsTerm, covenants the Lessor, without limitation to any other rights and conditions of this Lease Agreementremedies hereunder, may on each such occasion require the Lessee to increase the Security Deposit by an amount equal to one payment of Basic Rent. 3.5.1. The Security Deposit shall be remain in effect until after the Aircraft is returned to Lessee within in the condition required by this Lease. Any letter of credit shall have a stated termination date thirty (30) days after Lessee has vacated and surrendered expiration of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Term. Lessee shall then not be existing under entitled to off-set any Rent against the terms of this Lease AgreementSecurity Deposit. In After the event of a sale return of the Building or Aircraft in the Projectcondition required by this Lease, Lessor shall have the right to transfer return the Security Deposit to the purchaserDeposit, and Lessor shall thereupon be released from without interest, provided that Lessee has otherwise fulfilled all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositits obligations hereunder. 3.5.2. If Lessee shall fail provide a letter of credit, it must (A) be issued or confirmed by a United States money center bank acceptable to pay Rent or other sums when due under this Lease Agreement more than three Lessor in its sole discretion; (3B) times in any twelve provide that it is irrevocable; (12C) month period, irrespective of whether or not such delinquencies have been cured, then provide that it shall be automatically extended throughout the Security Deposit shall, within ten (10) Term and until thirty days after demand expiration of the Term, unless eighty days prior to expiration of the letter of credit the issuing or confirming bank notifies Lessor in writing by Lessorregistered mail, return receipt requested, that the letter of credit shall expire; (D) be increased available by sight payment; (E) provide for partial draws; and (F) be substantially in the form attached hereto as Exhibit ▇. ▇▇▇▇▇▇ shall be entitled to an draw the entire amount equal to of the greater letter of credit (i) three (3) times upon an Event of Default, including, without limitation, failure of Lessee to accept delivery of or lease the aforesaid amount Aircraft in accordance herewith; or (ii) three if it receives notice by the issuing bank or Lessee that the letter of credit shall expire, or not be renewed as required hereunder during the Term of this Lease and until thirty days after expiration of the Term and it has not been replaced or extended within sixty (360) months rentdays prior to its expiration. In addition to any other amounts Lessee shall pay hereunder, Lessee shall pay all costs of maintaining the letter of credit and pay Lessor any expenses incurred in exercising its rights to draw on such letter of credit, including any attorney's fees required to enforce its rights.

Appears in 3 contracts

Sources: Aircraft Lease Agreement (American Income Fund I-A), Aircraft Lease Agreement (American Income Partners v a LTD Partnership), Aircraft Lease Agreement (Airfund Ii International Limited Partnership)

Security Deposit. The Lessee shall pay agrees to deposit with Lessor simultaneously with a security deposit in the amount of $37,625.00 upon execution and delivery of this Lease Agreement a sum zero Lease, and 00/100 Dollars ($0,000.00) (that the “Security Deposit”) Lessor shall hold the same, throughout the term of this Lease, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all obligations on the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed Lessee to be an election of remedies by Lessor or viewed as liquidated damageskept and performed, it being expressly understood and agreed that, notwithstanding such use, application or retention, subject to the provisions set forth below. The Lessor shall have the right from time to pursue time, without prejudice to any and other remedy the Lessor may have on account thereof, to apply such deposit, or any part thereof, to the Lessor's damages arising from any default on the part of the Lessee. Upon such application the amount so applied shall be paid by Lessee to Lessor upon demand in order that the security deposit may at all other remedies available times be equal to it under the amount set forth in Section 1. Provided the Lessee not then being in default, the Lessor shall return the deposit, or so much thereof as shall not have theretofore been applied in accordance with the terms of this Lease Agreement or otherwise. In Section 4, to the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after the expiration or earlier termination of the Lease Term and surrender of possession of Premises by the Lessee has vacated to the Lessor at such time. The Lessor shall have no obligation to pay interest on the deposit and surrendered shall have the Leased Premises right to commingle the same with the Lessor's other funds. If the Lessor conveys the Lessor's interest under this Lease, the deposit, or any part thereof not previously applied, may be turned over by the Lessor to the Lessor's grantee, and, if so turned over, the Lessee agrees to look solely to such grantee for proper application of the deposit in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementSection 4, and the return thereof in accordance herewith. In The Lessee agrees that the event Lessee will not assign, encumber or pledge, attempt to assign, encumber or pledge the moneys deposited herein as security, and that neither the Lessor, nor its successors and assigns, shall be bound by any such assignment, encumbrance or pledge, attempted assignment, attempted pledge, or attempted encumbrance. The holder of a sale mortgage of property which includes the Building or the Project, Lessor Premises shall have the right to transfer the Security Deposit not be responsible to the purchaser, and Lessor shall thereupon be released from all liability Lessee for the return or application of any such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month perioddeposit, irrespective of whether or not it succeeds to the position of the Lessor hereunder, unless such delinquencies deposit shall have been cured, then the Security Deposit shall, within ten (10) days after demand received in hand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsuch holder.

Appears in 3 contracts

Sources: Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc)

Security Deposit. Lessee shall pay In order to Lessor secure Tenant's obligations under this Lease, simultaneously with the execution of this Lease Agreement Lease, Tenant shall deliver to Landlord an irrevocable letter of credit in the amount of $844,101.00 in form and substance acceptable to Landlord in its sole discretion and issued by a sum zero and 00/100 Dollars ($0,000.00) New York City bank acceptable to Landlord (the “Security Deposit”"L/C"). Landlord may draw down on the L/C from time to time to reimburse itself upon an Event of Default. Drawings may be made by sight draft and partial drawings shall be permitted. The L/C shall be substantially in the form of Exhibit 4 annexed hereto and provide for a twelve month-expiry, and shall contain a so-called "evergreen" clause so that, unless the issuing bank notifies Landlord, in writing, of its intention not to renew the L/C at least forty-five (45) days prior to the stated expiry thereof, the L/C shall be renewed automatically for a period of twelve months. If the issuing bank so notifies Landlord or if, with Landlord's consent, the L/C does not contain an "evergreen" clause and Tenant fails to provide a renewal letter of credit in the form and amount of the original L/C at least forty-five (45) days prior to the stated expiry thereof, Landlord may draw down on the L/C and hold the cash proceeds of same as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Tenant's obligations under this Lease AgreementLease. Tenant may, or if Lessee fails to perform any on the second (2nd) anniversary of the termsRent Commencement Date, provisions and conditions of this Lease Agreementand, Lessor may use, apply, or retain the whole or any part on each succeeding anniversary of the Security Deposit so deposited for Rent Commencement Date, cause the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed L/C to be reduced by an election of remedies by Lessor or viewed as liquidated damagesamount equal to $70,341.75, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor provided (a) that in no event shall Tenant ever have the right to pursue any and all other remedies available to it under reduce the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased L/C to an amount equal less than $140,683.50 and (b) Tenant's right to reduce the greater amount of (i) three (3) times the aforesaid amount or (ii) three (3) months rentL/C as provided for herein shall terminate upon an Event of Default. Tenant shall be liable for any fees which may be payable in connection with a transfer of the L/C by Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with the Upon execution of this Lease Agreement a Lease, Lessee has deposited with Lessor the sum zero and 00/100 of Sixteen Thousand Six Hundred Dollars ($0,000.00) (the “Security Deposit”) $ 16,600.00), receipt of which is hereby acknowledged by Lessor. Said sum shall be held by Lessor as security for the full and faithful performance by of Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions covenants, and conditions of this Lease Agreement, Lessor may use, applyby said Lessee to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved, or retain any other sum payable by Lessee to Lessor hereunder, shall be overdue and unpaid, then Lessor may, at the whole option of Lessor (but Lessor shall not be required to), appropriate and apply any portion of this Security Deposit to the payment of any such overdue rent or other sum. In the event of the failure of Lessee to keep and perform all of the terms, covenants, and conditions of this Lease to be kept and performed by Lessee, then at the option of Lessor, the Lessor may, after terminating this Lease, appropriate and apply the entire Security Deposit, or so much thereof as may be necessary, to compensate Lessor for all loss or damage sustained or suffered by Lessor, due to such breach on the part of Lessee. Should the entire Security Deposit, or any part of the Security Deposit so deposited portion thereof, be appropriated and applied by Lessor for the payment of any sum overdue rent or other sums due and payable to Lessor or which by Lessee hereunder, the Lessee shall, upon the written demand of Lessor, forthwith remit to Lessor may expend or be required a sufficient amount in cash to expend by reason restore said Security Deposit to the original sum, and Lessee’s failure to do so within five (5) business days after receipt of such demand shall constitute a breach of this Lease. Should Lessee comply with all of said terms, covenants, and conditions and promptly pay all of the Lessee’s Event of Default or failure rental herein provided for as it falls due, and all other sums payable by Lessee to perform includingLessor hereunder, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the said Security Deposit shall not be or be deemed returned in full to be an election Lessee at the end of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms term of this Lease Agreement or otherwiseupon the earlier termination of this Lease under the provisions of Paragraph 18 hereof. Lessee acknowledges that this Security Deposit is not prepaid rent and shall not be applied by Lessee to the payment of any rent due Lessor herein. No interest shall be paid on this Security Deposit by Lessor to Lessee. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Lessor transfers said Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises Lessor’s successor in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Projectinterest, Lessor shall have the right be discharged from any further liability with respect to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 2 contracts

Sources: Lease (Invitae Corp), Lease (Invitae Corp)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the Security Deposit”) Deposit as security defined on the Reference Page for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee’s obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of said deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the Security Deposit amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLease. In the event of a sale of the Building or the Projectbona fide sale, subject to this Lease, Lessor shall have the right to transfer the Security Deposit to the purchaser, vendee and Lessor shall thereupon be considered released by Lessee from all liability for the return of such Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the said Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to a new lessor. If The Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Section 17), shall be returned to Lessee after the expiration or sooner termination of this Lease without the fault of the Lessee and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee or in the event of the entry of a judgment declaring Lessee insolvent or bankrupt in any court which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then and in such event Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in the amount specified in Subsection 8(E) (hereinafter called the “Additional Security Deposit”) to adequately assure Lessee’s performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Additional Security Deposit shall, pursuant thereto within ten (10) days after Lessor’s written demand shall constitute a default by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 2 contracts

Sources: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)

Security Deposit. Lessor acknowledges that it has received from Lessee shall pay to Lessor simultaneously with the execution sum of this Lease Agreement as a sum zero and 00/100 Dollars security deposit. ($0,000.00) (hereinafter the “Security Deposit”) as to secure performance of Lessee’s obligations hereunder. On December 1, 2016, the shall be returned to Lessee and replaced with a security for deposit of in the full and faithful performance form of a letter of credit issued by a commercial bank reasonably satisfactory to Lessor upon which presentment may be made in Boston, Massachusetts Lessor agrees (a) to pay over said Security Deposit to any purchaser of the Building of which the Leased Premises are a part, notify Lessee of each that pay over, and every term, covenant and condition to provide Lessee with written acknowledgment by such purchaser subject to the terms of this Lease Agreement. Upon an Event lease, provided (i) no default of Default by Lessee under then exists and (ii) said Security Deposit has not been used to correct any default of Lessee, in which event only the balance remaining after Lessor has made itself whole shall be paid over to such purchaser; and (b) to pay to Lessee at the expiration or termination of this Lease Agreementlease said Security Deposit provided (i) no default of Lessee then exists, or if Lessee fails (ii) said Security Deposit has not been paid over to perform any a purchaser of the termsBuilding of which the Leased Premises are a part, provisions and conditions (iii) said Security Deposit has not been used to correct any default of Lessee in which event only the balance remaining, if any, after Lessor has made itself whole shall be reimbursable to Lessee. Lessee agrees ((a)) said Security Deposit may be used by Lessor, in addition to any other remedy available under the terms of this Lease Agreementagreement or by law available to Lessor, Lessor may use, apply, or retain the whole or to remedy any part default of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that Lessor shall be under no obligation to correct any such usedefault, application and may at Lessor’s sole and exclusive election avail itself of any other remedy available under the Terms of this Agreement or retention by Lessor otherwise available at law or in equity, ((b)) in the event said Security Deposit is paid over to any purchaser of the whole or any part Building of which the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementLeased Premises are a part, the Lessor who has paid over said Security Deposit shall be returned to Lessee within thirty released and discharged from all liability of said deposit and (30(c)) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event said Security Deposit or any part thereof is used by Lessor to remedy any default of a sale of the Building or the ProjectLessee, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released and discharged from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the said Security Deposit shall, within ten (10) days after demand by Lessor, be increased or such portion thereof as Lessor may have used to correct Lessee’s default. Lessor shall have no obligation to place this Security Deposit in an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentinterest bearing account.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Lessee (a) Subtenant shall pay deliver to Lessor simultaneously Sublandlord, concurrently with the Subtenant's execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) Lease, an unconditional, clean, irrevocable standby letter of credit (the "L-C") in the initial amount of the Security Deposit Amount (the "Security Deposit"), which L-C shall be issued by a money-center bank that is acceptable to Sublandlord, and which L-C may be presented for payment in a U.S. location acceptable to Sublandlord. The L-C shall be in form and content as attached hereto as Exhibit C for a term of not less than one year. Subtenant shall pay all expenses, points and/or fees incurred by Subtenant in obtaining the L-C. (b) The L-C shall be held by Sublandlord as security for the full and faithful performance by Lessee Subtenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions covenants, and conditions of this Lease AgreementSublease to be kept and performed by Subtenant during the Sublease Term. If Subtenant defaults with respect to any provisions of this Sublease, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, the provisions relating to the payment of Rent, or if Subtenant fails to renew the L-C at least thirty (30) days before its expiration, Sublandlord may, but shall not be required to, draw upon all or any damages or deficiency in the reletting portion of the Leased PremisesL-C for payment of any Rent or any other sum in default, providedor for the payment of any amount that Sublandlord may spend or may become obligated to spend by reason of Subtenant's default; or to compensate Sublandlord for any other loss, however, cost or damage that any such Sublandlord may suffer by reason of Subtenant's default. The use, application or retention by Lessor of the whole L-C, or any part of the Security Deposit portion thereof, by Sublandlord shall not be prevent Sublandlord from exercising any other right or be deemed to be an election of remedies remedy provided by Lessor this Sublease or viewed as liquidated damagesby law, it being expressly understood intended that Sublandlord shall not first be required to proceed against the L-C, and agreed that, notwithstanding such use, application or retention, Lessor shall have the right not operate as a limitation on any recovery to pursue which Sublandlord may otherwise be entitled. If any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all portion of the termsL-C is drawn upon, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit Subtenant shall, within ten (10) days after written demand by Lessortherefor, be increased to an amount equal reinstate the L-C to the greater amount then required under this Lease, and Subtenant's failure to do so shall be a default under this Sublease. The L-C or the balance remaining if it has been drawn upon by Sublandlord as herein provided, shall be returned to Subtenant within ten (10) days following the later of (i) three (3) times the aforesaid amount expiration of the Sublease Term or (ii) three (3) months rentthe vacating of the Subleased Premises by Subtenant.

Appears in 2 contracts

Sources: Sublease Agreement (Rsa Security Inc/De/), Sublease Agreement (Serena Software Inc)

Security Deposit. Lessee LESSEE shall pay to Lessor simultaneously with LESSOR a security deposit in the amount of $92,539.50 upon the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) Lease, which amount shall be held as security by ▇▇▇▇▇▇ (and may be commingled with other fund of LESSOR) for ▇▇▇▇▇▇'s performance as herein provided and refunded to LESSEE with interest at the full and faithful performance by Lessee of each and every term, covenant and condition prevailing money market rate at the end of this Lease Agreementsubject to LESSEE'S satisfactory compliance with the conditions hereof. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit The security deposit shall not be mortgaged, assigned, transferred or be deemed to be an election encumbered by ▇▇▇▇▇▇ without the written consent of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLESSOR. In the event of any default or breach of this Lease by ▇▇▇▇▇▇, LESSOR shall immediately apply the security deposit first to any unamortized improvements completed for LESSEE's occupancy, then to offset any outstanding invoice or other payment due to LESSOR, with the balance applied to outstanding rent, and LESSEE shall forthwith upon demand restore said security to the original sum deposited. ▇▇▇▇▇▇'s failure to remit the full security deposit when due shall constitute a sale default of this Lease. Notwithstanding the foregoing, ▇▇▇▇▇▇ may request that LESSOR reimburse to LESSEE $46,269.75 of the Building security deposit if and when ▇▇▇▇▇▇'s net worth, calculated in accordance with generally accepted accounting principles, equals or the Project, Lessor exceeds $5,500,000. Any such request shall have the right to transfer the Security Deposit be accompanied by appropriate financial statements and a certificate of ▇▇▇▇▇▇'s chief financial officer to the purchasereffect that ▇▇▇▇▇▇'s net worth has increased as aforesaid. In the event at the time of such request LESSEE is not in default under this Lease, and Lessor LESSOR shall release to LESSEE $46,269.75. Following any release of monies as aforesaid, LESSEE shall submit to LESSOR quarterly financial statements on a continuing basis certified by ▇▇▇▇▇▇'s chief financial officer showing ▇▇▇▇▇▇'s net worth. In the event LESSEE'S net worth at any time falls below $5,500,000, LESSEE shall thereupon be released become obligated, without notice from all liability for LESSOR, to forthwith increase the return of such Security Deposit. Lessee shall look solely security deposit to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent$92,539.50.

Appears in 2 contracts

Sources: Commercial Lease (Maker Communications Inc), Commercial Lease (Maker Communications Inc)

Security Deposit. (a) On or before October 1, 2004, Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) security deposit (the “Security Deposit”) in the amount set forth on Schedule 1- Part A hereto. The Security Deposit will be held by Lessor for the entire remaining Term of this Lease and may be commingled with other amounts of Lessor. (b) The Security Deposit shall be held by Lessor as security for the full due and faithful punctual payment by Lessee of all amounts payable by it, and the due and punctual observance and performance by Lessee of all of its obligations, hereunder and under each and every term, covenant and condition of this Lease other Operative Agreement. Upon Lessee hereby assigns, transfers and pledges to Lessor, and hereby grants to Lessor, a first-priority security interest in, the Security Deposit to secure such payment, observance and performance. Any interest earned on the Security Deposit shall be solely for the account of Lessor. If an Event of Default shall occur and be continuing, then in addition to any other rights Lessor may have under applicable Law as a lessor, secured party or otherwise, or under this Lease or any other Operative Agreement, Lessor may set off against, use, apply or retain all or any portion of the Security Deposit in full or partial payment for amounts payable by Lessee under this Lease Agreementor any other Operative Agreement or for amounts necessary to compensate Lessor and the Indemnitees for their Expenses arising in connection with such Event of Default. Any such use or application shall not, however, be deemed a cure by Lessee, or waiver by Lessor, of any Event of Default, unless so agreed by Lessor in writing. (c) So long as no Default or Event of Default shall have occurred and be continuing, that portion, if Lessee fails to perform any of the termsany, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited that has not previously been used or applied, or set off against, as provided for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform includingin this Lease, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty by wire transfer of immediately available Dollars to an account of Lessee located in the United States of America, specified in writing by Lessee to Lessor at least 10 Business Days prior to the date of such transfer, (30A) days on or before the date that is 20 Business Days after Lessee has vacated and surrendered excluding the Leased Premises date upon which the Aircraft is returned to Lessor in the condition, and in the manner, required under Annex B to this Lease and otherwise in accordance with the terms of this Lease, or (B) if an Event of Loss shall have occurred, and Lessee shall have elected, or shall be deemed to have elected, the option set forth in Section 9.1.2 hereof, so long then on or before the date that is 20 Business Days after and excluding the date upon which Lessor has been paid all amounts required to be paid under, and as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale provided in, Section 9.1.2(a) hereof.” (b) Section 14.1.6 of the Building Lease is hereby amended by adding a new sentence, at the end thereof, as follows: “Without limiting, and notwithstanding, any other provision or the ProjectLease or any other Operative Agreement, Lessor shall have the right be entitled to transfer use and apply all or any portion of the Security Deposit for the purposes, and in the manner, set forth in Section 3.2.3(b) hereof.” (c) Schedule 1 – Part A to the purchaserLease is hereby amended as set forth in Section 1 of Appendix A hereto. (d) That certain Letter Agreement No. 1-1005-JSW-1500, dated as of February 28, 2001, among, inter alios, Lessor and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely Lessee, insofar as it relates to the new landlord for Lease and the return Aircraft, is hereby terminated and shall be of no further force or effect; and all of the obligations and liabilities of each of the parties to such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Letter Agreement more than three (3) times are hereby unconditionally and irrevocably released and discharged in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentfull and in all respects.

Appears in 2 contracts

Sources: Lease Agreement N475ha (Hawaiian Holdings Inc), Lease Agreement N475ha (Hawaiian Holdings Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously 29.1 Tenant has provided Landlord with a Letter of Credit in the execution amount of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 175,000 as security for the full and faithful punctual performance by Lessee Tenant of each and every term, covenant and condition all of the terms of this Lease AgreementLease. Upon an Provided there has been no Event of Default by Lessee under this Lease AgreementTenant, or if Lessee fails to perform the amount of the Letter of Credit shall be reduced by one-third ($58,333.33) at the end of each of the first three years of the Term. At the expiration of the third year of the Term Tenant shall deposit with Landlord the sum of $12,824 as such security. In the event Tenant defaults in the performance of any of the terms, provisions and conditions terms of this Lease Agreementfollowing the expiration of applicable notice and cure periods, Lessor including the payment of Rent, Landlord may apply the whole or any part of the Letter of Credit or use, apply, apply or retain the whole or any part of the Security Deposit security so deposited deposited, as the case may be, to the extent required for the payment of any Rent or for any sum due Lessor or which Lessor Landlord may expend or may be required to expend by reason of Tenant’s default in respect of any of the Lessee’s Event terms of Default or failure to perform includingthis Lease, but not limited to, including any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application whether accruing before or retention after summary proceedings or other reentry by Lessor Landlord. In the case of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding every such use, application or retention, Lessor Tenant shall, on demand, pay to Landlord the sum so used, applied or retained which shall have be added to the right security deposit so that the same shall be replenished to pursue any its former amount. If Tenant shall fully and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall punctually comply with all of the terms, covenants and conditions terms of this Lease AgreementLease, the Security Deposit security, without interest, shall be returned to Lessee within thirty (30) days Tenant after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms termination of this Lease Agreementand delivery of exclusive possession of the Premises to Landlord. In the event of a sale or lease of the Building or the Project, Lessor Landlord shall have the right to transfer the Security Deposit security to the purchaser, vendee or lessee and Lessor Landlord shall thereupon ipso facto be released by Tenant from all liability for the return of such Security Deposit. Lessee shall security; and Tenant agrees to look solely to the new landlord for the return of said security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new landlord. Tenant shall not assign or encumber or attempt to assign or encumber the monies deposited herein as security and neither Landlord nor its successors or assigns shall be bound by any such Security Deposit. If Lessee shall fail to pay Rent assignment, encumbrance, attempted assignment or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentencumbrance.

Appears in 2 contracts

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

Security Deposit. The Lessee shall pay to Lessor simultaneously hereby deposits the sum of Two Thousand Nine Hundred Eighty-Seven Dollars and Twenty-Nine Cents ($2,987.29) with the execution Lessor, the receipt of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) which is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease AgreementLease. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any shall maintain the full amount of the security deposit throughout the term of this Lease. In the event that the Lessee defaults with respect to any terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including but not limited to payment of any rentals, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including's default, but not limited to, including any damages or deficiency in the reletting of the Leased Demised Premises, provided, however, that any whether such use, application damages or retention deficiency may accrue before or after summary proceedings or other reentry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that the Lessee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit shall security or the balance thereof will be returned to the Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with time fixed as the terms hereof, so long as no Event of Default by expiration thereof. The Lessee shall then not be existing under entitled to any interest on the terms security. In the absence of evidence satisfactory to the Lessor of any assignment of the right to receive this security, or the remaining balance thereof, the Lessor may return the security to the original Lessee, regardless of one or more assignments of the Lease Agreementitself. Prior to the time when the Lessee shall be entitled to return of the security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of a sale of bona fide sale, subject to this Lease, the Building or the Project, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaservendee for the benefit of the Lessee, and the Lessor shall thereupon be considered released by the Lessee from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.of

Appears in 2 contracts

Sources: Lease (Skillsoft Corp), Lease (Skillsoft Corp)

Security Deposit. Lessee shall pay Lessor acknowledges that ▇▇▇▇▇▇ has established, or will prior to the Commencement Date establish, an unconditional, irrevocable letter of credit (“Letter of Credit”) for the benefit of Lessor simultaneously with in the execution sum of this Lease Agreement a sum zero ninety-three thousand one hundred and 00/100 Dollars eighty three dollars and thirty cents ($0,000.0093,183.30) (hereinafter the “Security Deposit”) as security for to secure performance of ▇▇▇▇▇▇’s obligations hereunder. As set forth herein, Lessor agrees (a) to transfer said Security Deposit to any purchaser of the full and faithful performance by Building of which the Leased Premises are a part, notify Lessee of each that pay over, and every termto provide Lessee with written acknowledgment by such purchaser subject to the terms of this Lease, covenant provided (i) no Default of Lessee then exists and condition (ii) said Security Deposit has not been used to correct any default of Lessee, in which event only the balance remaining after Lessor has made itself whole shall be transferred to such purchaser; and (b) to pay to Lessee at the expiration or termination of this Lease Agreement. Upon an Event said Security Deposit provided (i) no Default of Default by Lessee under this Lease Agreementthen exists, or if Lessee fails (ii) said Security Deposit has not been transferred to perform any a purchaser of the termsBuilding of which the Leased Premises are a part, provisions and conditions (iii) said Security Deposit has not been used to correct any Default of Lessee in which event only the balance remaining, if any, after Lessor has made itself whole shall be reimbursable to ▇▇▇▇▇▇. In the event that Lessor transfers its interest in the Leased Premises, Lessee shall upon notice from and at no cost to Lessor, deliver to Lessor an amendment to the Letter of Credit or a replacement Letter of Credit naming ▇▇▇▇▇▇’s successor as the beneficiary thereof. Lessee agrees (x) said Security Deposit may be used by Lessor, in addition to any other remedy available under the terms of this Lease Agreementor by law available to Lessor, Lessor may use, apply, or retain the whole or to remedy any part Default of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that Lessor shall be under no obligation to correct any such useDefault, application and may at Lessor’s sole and exclusive election avail itself of any other remedy available under this Lease or retention by Lessor otherwise available at law or in equity, (y) in the event said Security Deposit is transferred to any purchaser of the whole Building of which the Leased Premises are a part, the Lessor who has transferred said Security Deposit shall be released and discharged from all liability of said deposit, and (z) in the event said Security Deposit or any part thereof is used by Lessor to remedy any Default of Lessee, Lessor shall be released and discharged from all liability for said Security Deposit or such portion thereof as Lessor may have used to correct Lessee’s Default. Lessor shall have no obligation to place this Security Deposit in an interest bearing account. (a) Lessee is not in Default and (b) Lessee has received final FDA approval of Lessee’s Elipse® Gastric Balloon product (as evidenced by such written documentation as Lessor may reasonably request to substantiate same) (the “Reduction Date”), then the Security Deposit shall not be or be deemed reduced to be an election sixty-two thousand one hundred twenty-two dollars and twenty cents ($62,122.20), and Lessee shall have the right to terminate the existing Letter of remedies Credit and establish a replacement Letter of Credit in such lower amount. The Lessor acknowledges that the Letter of Credit is in form and substance reasonably satisfactory to Lessor and issued by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, a commercial bank reasonably acceptable to Lessor. Lessor shall have the right to pursue draw upon the Letter of Credit, in whole or in part, only in the event of a Default. Lessor shall hold any and all other remedies available to it balance of proceeds remaining after a draw on the Letter of Credit as security for ▇▇▇▇▇▇’s performance of all its Lease obligations. If Lessor conveys its interest under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementLease, the Security Deposit, or any part not applied previously, may be turned over to the grantee in which case Lessee shall look solely to the grantee for the proper application and return of the Security Deposit. The Security Deposit and/or Letter of Credit or the remaining proceeds therefrom, as applicable, shall be returned to Lessee within thirty sixty (3060) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale end of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentTerm.

Appears in 2 contracts

Sources: Lease Agreement (Allurion Technologies Holdings, Inc.), Lease Agreement (Allurion Technologies Holdings, Inc.)

Security Deposit. Lessee shall pay to Lessor simultaneously with To secure the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee Tenant of each all the covenants, conditions and every termagreements in this Sublease set forth and contained on the part of Tenant to be fulfilled, covenant kept, observed and condition performed including, but not by way of limitation, such covenants and agreements in this Sublease which become applicable upon the termination of the same by re-entry or otherwise, Tenant has deposited with Landlord the Security Deposit as specified in Section 1(L) on the understanding that: (a) the Security Deposit or any portion thereof not previously applied, or from time to time, such one or more portions thereof, may be applied to the curing of any default that may then exist, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon such application Tenant shall pay Landlord on demand the amount so applied which shall be added to the Security Deposit so the same may be restored to its original amount; (b) should the Prime Lease be assigned by Landlord, the Security Deposit or any portion thereof not previously applied may be turned over to Landlord's assignee and if the same be turned over as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to the Security Deposit and/or its application or return; (c) if permitted by law, Landlord or its successor shall not be obligated to hold the Security Deposit as a separate fund, but on the contrary may commingle the same with its other funds; (d) if Tenant shall faithfully fulfill, keep, perform and observe all of the covenants, conditions and agreements in this Sublease set forth and contained on the part of Tenant to be fulfilled, kept, performed and observed, the sum deposited or the portion thereof not previously applied, shall be returned to Tenant without interest no later than thirty (30) days after the expiration of the Term of this Lease Agreement. Upon Sublease or any renewal or extension thereof, provided Tenant has vacated the Premises and surrendered possession thereof to Landlord at the expiration of the Term or any extension or renewal thereof as provided herein; (e) in the event that Landlord terminates this Sublease or Tenant's right to possession by reason of an Event of Default by Lessee under this Lease AgreementTenant, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor Landlord may use, apply, or retain the whole or any part of apply the Security Deposit so deposited for against damages suffered to the payment date of any sum due Lessor such termination and/or may retain the Security Deposit to apply against such damages as may be suffered or which Lessor may expend or be required to expend shall accrue thereafter by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency Tenant's default; (f) in the reletting of the Leased Premisesevent any bankruptcy, providedinsolvency, howeverreorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, that any such use, application or retention by Lessor of the whole its successors or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementassigns, the Security Deposit shall be returned deemed to Lessee within thirty (30) days after Lessee has vacated be applied first to the payment of any Rent due Landlord for all periods prior to the institution of such proceedings, and surrendered the Leased Premises in accordance with the terms hereofbalance, so long as no Event if any, of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit may be retained or paid to the purchaser, and Lessor shall thereupon be released from all liability for the return Landlord in partial liquidation of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLandlord's damages.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Security Deposit. Lessee shall pay to Lessor simultaneously with the On execution of this Lease Agreement a Tenant shall deposit with Landlord the sum zero and 00/100 Dollars ($0,000.00) specified in the Basic Lease Information (the “Security "Deposit”) "). The Deposit shall be held by Landlord as security for the full and faithful performance by Lessee Tenant of each and every term, covenant and condition all of the provisions of this Lease AgreementLease. Upon Following an Event event of Default default by Lessee Tenant under this Lease AgreementLease, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor Landlord may use, apply, apply or retain the whole all or any part portion of the Security Deposit so deposited for the payment of any rent or other charge in default, or the payment of any other sum due Lessor to which Landlord may become obligated by Tena▇▇'▇ ▇efault, or to compensate Landlord for any loss or damage which Lessor Landlord may expend suffer thereby. If Landlord so uses or be required to expend by reason applies all or any portion of the Lessee’s Event of Default or Deposit, then within 10 days after demand therefor Tenant shall deposit cash with Landlord in an amount sufficient to restore the Deposit to the full amount thereof, and Tenant's failure to perform includingdo so shall be a material breach of this Lease. Tenant may satisfy its obligation to furnish the Deposit contemplated herein by delivery to Landlord, but not limited toupon execution of the Lease, any damages of an irrevocable, standby letter of credit or deficiency certificate of deposit in the reletting amount of the Leased Premises, provided, however, that any Deposit issued by the San Francisco office of a major national bank and in a form approved by Landlord. Land▇▇▇▇'▇ ▇pproval of such use, application bank and the form of letter of credit or retention by Lessor certificate of the whole or any part of the Security Deposit deposit shall not be or be deemed unreasonably withheld. All interest earned on such certificate shall accrue to be an election the benefit of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have Tenant. If the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all term of the termsletter of credit or certificate of deposit expires prior to the expiration of the Lease and such letter or certificate is not renewed or replaced at least 60 days prior to its expiration, covenants and conditions of this Lease Agreement, the Security Deposit Landlord shall be returned entitled to Lessee within thirty (30) days after Lessee has vacated and surrendered draw upon the Leased Premises in accordance with letter of credit or certificate of deposit, as the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchasercase may be, and Lessor shall thereupon be released from all liability for hold the return of such Security Deposit. Lessee shall look solely to proceeds thereof as the new landlord for the return of such Security Deposit. If Lessee Tena▇▇ ▇▇▇forms all of Tenant's obligations hereunder, the Deposit, or so much thereof as has not theretofore been applied by Landlord, shall fail be returned, without payment of interest for its use for amounts directly held by Landlord, to pay Rent or other sums when due under this Lease Agreement more than three Tenant (3) times in any twelve (12) month periodor, irrespective of whether or not such delinquencies have been curedat Land▇▇▇▇'▇ ▇ption, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater last assignee, if any, of (iTena▇▇'▇ ▇nterest hereunder) three (3) times at the aforesaid amount or (ii) three (3) months rentexpiration of the term hereof, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to the Deposit.

Appears in 2 contracts

Sources: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp)

Security Deposit. Lessee shall pay to Lessor simultaneously with LANDLORD acknowledges the execution receipt from TENANT of this Lease Agreement a the sum zero and 00/100 of Two Hundred Fifty Dollars ($0,000.00250.00) (the “Security Deposit”) per bedroom as security for the full payment of rent and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any observance of the terms, provisions agreements and conditions of in this Lease Agreement, Lessor may use, apply, or retain lease contained on the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed TENANT to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood performed and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementobserved. In the event of a sale any default or defaults in such payment, performance, or observance, LANDLORD may apply said sum or any part thereof toward the curing of such default or defaults and/or toward compensating LANDLORD for any loss or damage arising from such default or defaults. Upon the yielding up of the Building demised premises at the expiration or other termination of the term of the lease, if TENANT shall not be in default or otherwise liable to the LANDLORD, said sum or the Project, Lessor unapplied balance thereof shall be returned to TENANT. It is understood and agreed that LANDLORD shall always have the right to transfer apply said sum or any part thereof as aforesaid in the Security Deposit event of any such default or defaults without prejudice to the purchaserany other remedy or remedies which LANDLORD may have, and Lessor or LANDLORD may pursue any other such remedy or remedies in lieu thereof. No interest shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositpayable on said sum or any part thereof. If Lessee LANDLORD shall fail apply said sum or any part thereof as aforesaid, TENANT shall upon demand pay to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then LANDLORD the Security Deposit shall, within ten (10) days after demand amount so applied by Lessor, be increased LANDLORD so as to an amount equal restore the security to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.its original amount. TENANT SHALL PROVIDE LANDLORD WITH TENANT’

Appears in 2 contracts

Sources: Residential Lease Agreement, Residential Lease Agreement

Security Deposit. Lessee has deposited with Lessor and Lessor hereby acknowledges receipt of the sum of $ 2.112.16 which shall pay to be held by Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition all the terms of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreementto be observed and performed. Said deposit shall not be mortgaged, assigned, transferred or encumbered by Lessee without the express prior written consent of Lessor and any such act on the part of Lessee shall be without force and effect and shall not be binding upon Lessor. Said security deposit shall not accrue interest. If any of the rents herein reserved or any other sum payable by Lessee to Lessor hereunder shall be overdue or unpaid, or should Lessor make payments on behalf of Lessee, or if Lessee fails shall fail to perform any of the terms, provisions and conditions terms of this Lease AgreementLease, the Lessor, at its option and without prejudice to any other remedy which Lessor may usehave on account thereof, applymay appropriate and apply said entire deposit, or retain the whole or any part of the Security Deposit so deposited for much thereof as may be necessary to compensate Lessor, toward the payment of any rent or additional sum due Lessor hereunder or which Lessor may expend to any loss or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention damage sustained by Lessor of due to such breach on the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood Lessee; and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall forthwith upon demand restore said security deposit to the original sum deposited. Should Lessee comply with all of the termsterms and promptly pay all of the rentals and all other sums payable by Lessee to Lessor as they become due, covenants and conditions of this Lease Agreement, the Security Deposit said deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered at the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementlease term. In the event of a sale of bankruptcy or other creditor debt proceedings against Lessee, the Building or the Project, Lessor security deposit shall have the right be deemed to transfer the Security Deposit be first applied to the purchaser, payment of rent and other charges due Lessor shall thereupon be released from for all liability for periods prior to the return filing of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentproceedings.

Appears in 2 contracts

Sources: Lease Agreement (Interactive Technologies Com LTD), Lease Agreement (Interactive Technologies Com LTD)

Security Deposit. Lessee shall pay to will deposit with Lessor simultaneously with the execution sum of Eleven Thousand Dollars ($11,000.00) at the time of signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance and observance by Lessee of each the terms, provisions, and every term, covenant and condition conditions of this Lease AgreementLease. Upon an Event of Default by It is agreed that in the event Lessee under this Lease Agreement, or if Lessee fails defaults in respect to perform any of the terms, provisions provisions, and conditions of this Lease AgreementLease, including but not limited to, the payment of rent and additional rent, Lessor may use, apply, or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any rent and additional rent or any other sum due Lessor or as to which Lessor Lessee may expend or may be required to expend by reason of Lessee's default in respect of any of the Lessee’s Event terms, covenants, and conditions of Default or failure to perform includingthis Lease, including but not limited to, any damages or deficiency in the reletting of the Leased PremisesDemised Premises after an event of default, providedwhether such damages or deficiency accrued before or after summary proceedings or other re-entry by Lessor. Upon notice from Lessor that sums have been so applied, however, that any such use, application or retention by Lessor of Lessee shall within ten (10) days replenish the whole or any part of the Security Deposit shall not be or be deemed security deposit to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseits original amount. In the event that Lessee shall fully and faithfully comply with all of the termsterms provisions, covenants covenants, and conditions of this Lease AgreementLease, the Security Deposit security shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with date fixed as the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms end of this Lease Agreementand after delivery of entire possession of the Demised Premises to Lessor, without interest. In the event of a sale of the Building or the Projectland and building, Lessor shall have the right to transfer the Security Deposit security to the purchaser, buyer thereof and Lessor shall thereupon be released by Lessee from all liability for the return of such Security Deposit. security; and Lessee shall agrees to look solely to the new landlord Lessor solely for the return of said security. It is agreed that the provisions hereof shall apply to every transfer of assignment made of the security to a new Lessor. Lessee further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Lessor nor their successors or assigns shall be bound by any such Security Depositassignment, encumbrance, attempted assignment, or attempted encumbrance. If It is understood by Lessee shall fail that no part of the security is to pay Rent or other sums when be considered as any rental due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective the terms of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLease.

Appears in 2 contracts

Sources: Lease Agreement (Pinnacle Foods Inc), Lease Agreement (Pinnacle Foods Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously a. Concurrent with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) Lease, Lessee has deposited with Lessor an unconditional, irrevocable letter of credit (the “Security Deposit”"Letter of Credit") in favor of Lessor in an amount equal to the "L C Amount" (as hereinafter defined) in form and from an issuer reasonably acceptable to Lessor, having an expiration date not sooner than one (1) year following the date thereof, which Letter of Credit shall be renewed or replaced annually, at least fifteen (15) days prior to the expiration date thereof for additional one-year periods until the expiration of the Term, as security for the full and faithful performance by Lessee of each and every term, covenant and condition provision of this Lease Agreementto be performed by Lessee (such Letter of Credit and/or any proceeds thereof are collectively referred to herein as the "Security Deposit"). Upon As used herein, the "LC Amount" shall mean an Event amount equal to the sum of Default (i) the Lessee Improvement Allowance plus (ii) all commissions payable by Lessor to the Brokers referenced in Article I.n. above in connection with this Lease; provided, however, that the LC Amount shall be reduced by twenty percent (20%) of the original amount thereof on each anniversary of the Commencement Date occurring during the Term, provided that in no event shall the LC Amount be reduced below the amount of the last month's Base Rent payable under this Lease. All costs of obtaining, maintaining, replacing, renewing and/or restoring the Letter of Credit in accordance with this Article 6 shall be born by Lessee. Such Letter of Credit shall be such that it may be drawn upon in part or in full, periodically, or at one time, upon presentation of only the Letter of Credit, a draft from Lessor in the amount to be drawn, and certification from Lessor that Lessor is entitled to draw upon the Letter of Credit pursuant to the provisions of this Lease. If Lessor shall at any time draw upon such Letter of Credit in accordance with this Article 6, Lessee shall immediately restore such Letter of Credit to the then applicable full LC Amount. Lessee agrees that the Letter of Credit may be presented by Lessor for payment (1) upon the occurrence of a default by Lessee under this Lease Agreement(after Lessee's receipt of written notice thereof from Lessor and the expiration of any applicable cure period provided in Article 22 below), or if (2) in the event Lessee fails has not, within fifteen (15) days prior to perform any the expiration of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part then term of the Security Deposit so deposited for the payment Letter of any sum due Credit, delivered to Lessor a renewed or which Lessor may expend or be required to expend by reason replacement Letter of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply Credit complying with all of the terms, covenants and conditions requirements of this Lease AgreementLease, and/or (3) in the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered event Lessor draws upon the Leased Premises Letter of Credit in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right Lessee's default pursuant to transfer the Security Deposit to the purchaserclause (1) above, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shalldoes not, within ten (10) days after written demand therefor, restore the Letter of Credit to its original amount. Lessee shall not in any manner interfere with the payment to Lessor of the proceeds of the Letter of Credit pursuant to this case either prior to or following presentment by Lessor pursuant hereto, and Lessee shall be liable to Lessor for any loss suffered by Lessor as a result of such interference, including, without limitation, any attorneys' fees and costs. Lessee hereby agrees that it may be enjoined from interfering or attempting to interfere, directly or indirectly, with Lessor's negotiation of the Letter of Credit. The proceeds of the Letter of Credit paid to Lessor upon presentment thereof shall be the Security Deposit for use in the manner set forth in this Article 6. Notwithstanding anything to the contrary contained herein, Lessee may at any time replace the Letter of Credit with a cash security deposit in the amount of the then applicable LC Amount, in which event such cash shall be held as the Security Deposit in accordance with this Lease and Lessor shall return to Lessee the Letter of Credit then held by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 2 contracts

Sources: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLease. In the event of a bona fide sale of the Building or the ProjectBuilding, subject to this Lease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessee. Lessee may deliver to Lessor after the date hereof, in lieu of the cash deposit set forth in this Article, an irrevocable negotiable letter of credit in amount set forth in Paragraph 16 of the Preamble and substantially in the form annexed hereto as Exhibit H. Said letter of credit shall be for a term of not less than one (1) year and shall be renewed by Lessee (without notice from Lessor) no later than forty-five (45) days prior to its expiration, and the expiration of each replacement thereof, until Lessor shall be required to return the security to Lessee pursuant to the terms of this Lease but in no event earlier than ninety (90) days after the Expiration Date, and each such renewal letter of credit shall be delivered to Lessor no later than forty-five (45) days prior to the expiration of the letter of credit then held by Lessor. If any portion of the security deposit shall be utilized by Lessor in the manner permitted by this Lease, Lessee shall, within five (5) days after request by Lessor, be increased to replenish the security account by depositing with Lessor, in cash or by letter of credit, an amount equal to that utilized by Lessor. Failure of Lessee to comply strictly with the greater provisions of this Article shall constitute a material breach of this Lease and Lessor shall be entitled to present the letter of credit held by for payment (iwithout notice to Lessee). If the cash security is converted into a letter of credit, the provisions with respect to letters of credit shall apply (with the necessary changes in Points of detail) three to such letter of credit deposit. In the event of a bank failure or insolvency affecting the letter of credit, Lessee shall replace same within twenty (320) times the aforesaid amount or (ii) three (3) months rentdays after being requested to do so by Lessor.

Appears in 2 contracts

Sources: Lease (Medicines Co /De), Lease (Medicines Co /De)

Security Deposit. Lessee shall pay to Lessor simultaneously with the has deposited, or upon execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (will deposit, with Lessor the Security Deposit”) as security Deposit for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee’s obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementany renewal term. In the event of a bona fide sale of the Building or the ProjectProperty, subject to this Lease, Lessor shall have the right right, on notice to the Lessee, to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. Deposit to the extent same is transferred to the purchaser; and Lessee shall agrees to look solely to the new landlord Lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new Lessor. If Provided Lessee is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall fail be returned to pay Rent Lessee after the expiration or other sums when due sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event a petition is filed by or against (and not dismissed within 60 days) Lessee under any chapter of bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to deposit additional security in an amount which in Lessor’s sole judgment would be sufficient to adequately assure Lessee’s performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor’s written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 2 contracts

Sources: Lease Agreement (Nexus Biopharma Inc), Lease Agreement (Fluoropharma Medical, Inc.)

Security Deposit. Lessee shall pay to Lessor simultaneously Simultaneously with the execution of this Lease Agreement a by Lessee, Lessee has remitted to Lessor the sum zero and 00/100 Dollars of SIXTEEN THOUSAND SIX HUNDRED SIXTY SIX DOLLARS AND 66/100 ($0,000.00) (the “Security Deposit”16,666.66) as a security for deposit to insure the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit upon Lessee's part to be performed. Said security deposit shall be returned to Lessee with no interest thereon within thirty (30) days after the expiration of the Lease Term, provided Lessee has vacated fully performed all of Lessee's obligations hereunder. Lessor shall have the right to apply any part of said security deposit to cure any default of Lessee hereunder and surrendered the Leased Premises in accordance with the terms hereofif Lessor does so, so long as no Event of Default by Lessee shall then be existing under upon demand deposit with Lessor the terms of this amount so applied so that Lessor shall have the aforementioned required security deposit on hand at all times during the Lease AgreementTerm. In the event of a sale or a lease of the Building subject to this Lease, or the Projectan assignment of this Lease by Lessor, Lessor shall have the right to may transfer the Security Deposit security deposit held. by Lessor to the purchaservendee or assignee, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. security deposit to Lessee, and Lessee shall look solely to the new landlord lessor solely for the return of such Security Depositsaid security deposit. If Lessee shall fail to pay Rent or other sums when due The security deposit under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective shall not be assigned or encumbered by Lessee without the prior written consent of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, which consent may be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.withheld for any reason whatsoever

Appears in 2 contracts

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

Security Deposit. Lessee shall pay to Lessor simultaneously ▇▇▇▇▇▇, contemporaneously with the execution of this Lease Agreement a Lease, will deposit with Lessor forthwith the sum zero of Thirty Thousand and 00/100 Dollars ($0,000.0030,000.00) which shall be treated as a security deposit and shall be held by Lessor, without liability for interest as security for the faithful performance by Lessee of all of the terms, covenants, and conditions of this Lease by said ▇▇▇▇▇▇ to be kept and performed during the term hereof (the “Security Deposit”) as security for ). It is expressly understood that the full and faithful performance by Lessee of each and every termSecurity Deposit does not apply toward rent, covenant and condition except that if at any time during the term of this Lease Agreement. Upon an Event any of Default the rent herein reserved shall be overdue and unpaid, or any other sum payable by Lessee under this Lease Agreementto Lessor hereunder shall be overdue and unpaid then Lessor may, at the option of Lessor (but Lessor shall not be required to), appropriate and apply any portion of the Security Deposit to the payment of any such overdue rent or if Lessee fails other sum. In the event of the failure to keep and perform any of the terms, provisions covenants, and conditions of this Lease Agreementto be kept and performed by ▇▇▇▇▇▇, then the Lessor may useat its option may, applyafter terminating this Lease, or retain the whole or any part of appropriate and apply the Security Deposit or so deposited much thereof as sustained or suffered by Lessor due to such breach on the part of Lessee. Should the entire Security Deposit, or any portion thereof, be appropriated and applied by Lessor for the payment of any sum overdue rent or other sums due and payable to Lessor or which by Lessee hereunder, then ▇▇▇▇▇▇ shall, upon the written demand of Lessor may expend or be required forthwith remit to expend by reason of the Lessee’s Event of Default or failure Lessor a sufficient amount in cash to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of restore the Security Deposit to the original sum deposited, and ▇▇▇▇▇▇’s failure to do so within five (5) days after receipt of such demand shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms constitute a breach of this Lease Agreement or otherwiseLease. In the event that Should Lessee shall comply with all of the said terms, covenants covenants, and conditions and promptly pay all of this Lease Agreementthe rental herein provided for as it falls due, and all other sums payable by ▇▇▇▇▇▇ to Lessor hereunder, the Security Deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered at the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms term of this Lease AgreementLease, or upon the earlier termination of this Lease. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer deliver the Security Deposit deposited hereunder by ▇▇▇▇▇▇ to the purchaserpurchaser of ▇▇▇▇▇▇’s interest in the Premises in the event that such interest is sold, and thereupon Lessor shall thereupon be released discharged from all any further liability for the return of with respect to such Security Depositdeposit. Lessee Lessor shall look solely be entitled to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then intermingle the Security Deposit shall, within ten (10) days after demand by Lessor, with its own funds. The Security Deposit shall not preclude the Lessor from recovering any additional rent or damage which may be increased to an amount equal to the greater due or sustained as a result of (i) three (3) times the aforesaid amount or (ii) three (3) months rentthis Lease.

Appears in 2 contracts

Sources: Lease Agreement (Modern Mining Technology Corp.), Lease Agreement (Modern Mining Technology Corp.)

Security Deposit. 6.1 In addition to the bond requirements described in Section 5 of this Lease, ▇▇▇▇▇▇ must also provide a security deposit to assure ▇▇▇▇▇▇'s faithful performance of the terms of this Lease. This security deposit may be in the form of cash or a Time Certificate or Letter of Credit made payable to County and drawn on a bank approved by County. Should Lessee request, and County approve, the use of non-cash deposit instruments for Lessee to satisfy all requirements described in this Section 6, such deposit instruments shall meet the standards established in the policies and procedures attached hereto as Exhibit D, shall be made payable to County, and shall be deposited with the Cashier, Los Angeles County Department of Public Works. This sum shall be used and applied as follows: 6.1.1 Upon execution of the Lease, Lessee shall pay a Security Deposit equal to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars one (1) months’ rent ($0,000.00) (2,198.00). This sum shall be retained by County or Manager as a guarantee to cover delinquent rent or other charges and may be so applied. In the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole event all or any part of the Security Deposit said sum so deposited for is applied against any charge due and unpaid, ▇▇▇▇▇▇ shall immediately reimburse said deposit upon demand by County or Manager so that at all times during the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms life of this Lease Agreement or otherwise. In said deposit shall be maintained. 6.1.2 Not less than ten (10) days prior to the event that commencement of construction, Lessee shall comply provide a Construction Deposit in the amount equal to two months' rent ($4,396.00) to the County, which amount shall be retained until Lessee completes construction of the building, hangar, and aviation fuel storage facility as described on Exhibit C and temporary or permanent Certificates of Occupancy for the improvements are issued by the local City or County authority. Upon issue of Certificates of Occupancy and receipt of photocopies by County, this Construction Deposit shall be returned to Lessee within fourteen (14) days. 6.2 If Lessee fully and faithfully complies with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit shall be returned to Lessee at the expiration of the Lease term, or an accounting given by County or Manager as the complete or partial use thereof within thirty fourteen (3014) days after Lessee has vacated and surrendered of ▇▇▇▇▇▇'s surrender of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentPremises.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. a. In lieu of a cash Security Deposit as provided in Paragraph 1.7 of this Lease, Lessee shall pay furnish Lessor with an Irrevocable Standby Letter of Credit ("Letter of Credit") in a form reasonably acceptable to Lessor, terminating no earlier than 30 days beyond the expiration date of the Lease or any extension thereof, naming ▇▇▇▇▇▇▇▇▇ Airport Centre, a California limited partnership, as beneficiary, from an institution acceptable to Lessor simultaneously with (which institution shall be acceptable to Lessor if it is a bank of the execution size and quality of this Lease Agreement a sum zero and 00/100 Dollars (Bank of America, ▇▇▇▇▇ Fargo, Citibank, Union Bank of California, US Bank or similar "money center" banks) in the original amount of $0,000.00) (the “Security Deposit”) as security for the full and 1,350,000 to be used by Lessor to secure Lessee's faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the all terms, provisions and conditions of this Lease. Lessee shall furnish the Letter of Credit to Lessor within five (5) business days of the execution of this Lease. If during the course of this Lease Agreementor any extension thereof, Lessor may useis notified by the bank issuing said Letter of Credit that it will not be renewed, applythen such notification shall constitute a Default and material breach of this Lease and allow Lessor to draw upon such Letter of Credit, or retain unless fifteen (15) days prior to the whole or expiration of such Letter of Credit, Lessee delivers to Lessor another Letter of Credit in the required amount by an institution and in form reasonably approved by Lessor. Upon any part Default under the Lease (after expiration of the Security Deposit so deposited for applicable cure periods defined in Paragraph 13), Lessor shall be permitted to draw upon the payment Letter of any sum due Lessor or which Lessor may expend or be required to expend by reason Credit and use the proceeds of the Lessee’s Event Letter of Default or failure to perform including, but not limited to, any damages or deficiency Credit as provided in the reletting Paragraph 5 of the Leased PremisesLease. Upon the cure of Lessee's Default resulting in a draw upon the Letter of Credit, providedas long as Lessee is not in default under the Lease, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor Lessee shall have the right to pursue any and all other remedies available to it under replace the terms cash security deposit held by Lessor with a new letter of this Lease Agreement or otherwise. In credit which meets the event that Lessee shall comply with all criteria of the terms, covenants and conditions Letter of Credit under this Lease Agreement, Paragraph 51. If Lessor draws upon the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event Letter of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectCredit, Lessor shall hold any amounts not used to cure Lessee's Default under the Lease as a cash Security Deposit and Lessee shall have the right obligation to transfer deposit additional cash with Lessor so that the cash Security Deposit is at least equal to the purchaseramount of the Letter of Credit that Lessee would otherwise be required to maintain pursuant to the provisions below. ▇. ▇▇▇▇▇▇ and Lessee acknowledge that the amount of the Letter of Credit may fluctuate during the Term of the Lease. On or before the 20th day of every month of the Lease Term, Lessee shall provide the Lessor (x) a financial statement for the immediately preceding month certified as true, complete and correct by the CFO of Lessee that includes an accurate cash balance of the Lessee and (y) supporting bank statements also certified by the CFO to be true, complete and correct (such statements as of a date no earlier than the last day of the immediately preceding month) which indicate the balance of cash held by the Lessor in such institution(s) as of that date. Lessor shall thereupon be released from all liability for required to maintain the return following amount of such Security DepositLetter of Credit based on the amount of cash shown on the certified financial statements and certified bank statements: 1. If the cash balance is less than $5,000,000, then Lessee shall look solely deliver to Lessor with the new landlord for financial statements and bank statements a replacement Letter of Credit in the return amount of such Security Deposit$1,900,000; 2. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been curedthe cash balance is between $5,000,000 and $50,000,000, then the Security Deposit shallamount of the Letter of Credit shall be $1,350,000 and if Lessor was at that time holding a Letter of Credit in the amount of $350,000, within ten (10) days after demand by Lessorthen Lessee shall deliver to Lessor together with the financial statements and bank statements a replacement Letter of Credit in the amount of $1,350,000; and 3. If the cash balance is greater than $50,000,000, then the amount of the Letter of Credit shall be increased reduced to an $350,000. If the amount equal of the Letter of Credit at the time of delivery of the financial statements and bank statements is to be modified, then Lessor shall cooperate in returning the greater Letter of (i) three (3) times Credit it then holds as soon as it receives the aforesaid amount or (ii) three (3) months rentreplacement Letter of Credit in the modified amount.

Appears in 1 contract

Sources: Sublease Agreement (Genoptix Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously Concurrently with the Lessee's execution of this Lease, the Lessee shall deposit with the Lessor the sum specified in Item 6 of the Basic Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) Provisions as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions all covenants and conditions of this Lease AgreementLease. If the Lessee shall breach or default in the performance of any covenants or conditions of this Lease, including the payment of rent, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit so deposited such security deposit for the payment of any rent in default or for any other sum due Lessor or which the Lessor may expend spend or be required to expend spend by reason of the Lessee’s Event 's default. Lessor shall provide Lessee with written evidence of Default any costs that are paid from the Security Deposit. If the Lessor so uses or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole applies all or any part portion of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementsaid deposit, the Security Deposit shall be returned to Lessee shall, within thirty (30) days after Lessee has vacated and surrendered written demand therefor, deposit cash (or restore the Leased Premises in accordance Letter of Credit, at Lessee’s election; subject to the burn off provisions of Section 2 of the Basic Lease Provisions), with the terms hereofLessor in an amount sufficient to restore said deposit to the full amount herein above stated and the Lessee's failure to do so shall be a material breach of this Lease. Should the Lessee comply with all covenants and conditions of this Lease, so long the security deposit or any balance thereof shall be returned to the Lessee (or at the option ofthe Lessor, to the last assignee of the Lessee's interest in this Lease) at the expiration of the term within 30 days following the date the Lessee surrenders the Premises to Lessor as no Event of Default by required under this Lease. The Lessee shall then not be existing under entitled to interest on the terms of this Lease Agreement. In security deposit and the event of a sale of the Building or the Project, Lessor shall have the right to commingle said security deposit with other funds of the Lessor. Should the Lessor sell its interest in the Premises, the Lessor may transfer the Security Deposit to the purchaser, purchaser thereof the then unexpended or unappropriated deposit and thereupon the Lessor shall thereupon be released discharged from all any liability for the return such funds. The Letter of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due Credit required under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, shall be increased to an amount equal subject to the greater burn off provisions set forth in Section 6 of (i) three (3) times the aforesaid amount or (ii) three (3) months rentBasic Lease Provisions.

Appears in 1 contract

Sources: Commercial Lease (Resonant Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with the Upon execution of this Lease Agreement a by both parties, Tenant will pay to Landlord the sum zero and 00/100 Dollars set forth in l. ($0,000.00k) (of the “Security Deposit”) Basic Lease Provisions as security for the full and faithful performance by Lessee Tenant of each and every term, covenant and condition of this Lease AgreementLease. Upon an Event of Default by Lessee In the event that Tenant is in default under this Lease AgreementLease, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease AgreementLease, Lessor Landlord may use, apply, or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor Landlord or which Lessor Landlord may expend or be required to expend by reason of the Lessee’s Event of Default Tenant's default or failure to perform perform, including, but not limited to, any damages or deficiency in the reletting of the Leased Demised Premises, ; provided, . however, that any such use, application or retention by Lessor Landlord of the whole or any part of the Security Deposit security deposit shall not be or be deemed to be an election of remedies by Lessor Landlord or viewed as liquidated damages, it being expressly understood and agreed ayreed that, notwithstanding such use, application or retention, Lessor Landlord shall have the right r qlit to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseot@erwise. In the event that Lessee Tenant shall comply with all of the terms, covenants and conditions of this Lease AgreementLease, the Security Deposit security deposit shall be returned to Lessee Tenant within thirty (30) days after Lessee compliance has vacated been ascertained by Landlord and surrendered after delivery of possession of the Leased Demised Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementto Landlord. In the event of a sale of the Building or the ProjectBuilding, Lessor Landlord shall have the right to transfer the Security Deposit security deposit to the purchaser, and Lessor Landlord shall thereupon be released from all liability for the return of such Security Depositsecurity deposit. Lessee Tenant shall look solely to the new landlord for the return of such Security Depositsecurity deposit. If Lessee Tenant shall fail to pay Rent not assign or other sums when due under this Lease Agreement more than three (3) times in encumber the money deposited as security, and neither Landlord nor it's successors or assigns shall be bound by any twelve (12) month period, irrespective of whether such assignment or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentencumbrance.

Appears in 1 contract

Sources: Industrial Lease Agreement (Thrucomm Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously Lessee, contemporaneously, with the execution of this Lease Agreement a Lease, has deposited with Lessor the sum zero of Two Thousand Six Hundred Eighteen and 00/100 50/00 Dollars ($0,000.00) (the “Security Deposit”) 2,618.50), receipt of which is hereby acknowledged by Lessor as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions covenants, and conditions of this Lease Agreementupon Lessee's part to be performed, which sum shall be returned to Lessee after the time fixed as the expiration of the term hereof, provided Lessee has fully and faithfully carried out all of the terms, covenants, and conditions on Lessee's part to be performed. Lessor may useshall have the right, applybut not the obligation, or retain the whole or to apply any part of the Security Deposit deposit to cure any default of Lessee, and if Lessor does so, Lessee shall, upon demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms term of this Lease Agreement or otherwiseLease. In Lessee's failure to pay to Lessor a sufficient amount to restore the event that security deposit to the original sum deposited, within five (5) days after receipt of demand therefor, shall constitute a default under this Lease. No interest shall be paid by Lessor to Lessee shall on such security deposit. Should Lessee comply with all of the terms, covenants covenants, and conditions of this Lease Agreementand promptly pay all of the rent due hereunder, as it falls due, and all other sums payable by Lessee to Lessor hereunder, the Security Deposit deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered tenant at the Leased Premises in accordance with end of the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms term of this Lease Agreementor at the earliest termination of this Lease. In the event of a sale of the Building Premises or the ProjectProperty, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaservendee, and Lessor shall thereupon be released from all further liability for the return of such Security Depositsecurity deposit. Lessee shall agrees to look solely to the new landlord Lessor for the return of such Security Depositthe security deposit. If Lessee The provisions of this Paragraph shall fail apply to pay Rent every transfer or other sums when due assignment made of the security deposit to a new Lessor. The security deposit under this Lease Agreement more than three (3) times in any twelve (12) month periodshall not be mortgaged, irrespective assigned, or encumbered by the Lessee without the written consent of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor and may be commingled with other funds of Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 1 contract

Sources: Lease Agreement (Neogen Corp)

Security Deposit. Lessee shall pay to Lessor simultaneously Subtenant has deposited with White & Case LLP or Lawyers Title Insurance Company ("Escrow Agent") the execution sum of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) 150,000.00 (the "Security Deposit") which shall be held in an interest-bearing escrow account (the "Escrow Account") as security for the full and faithful performance by Lessee Subtenant of each all of the terms and every term, covenant and condition covenants of this Lease Sublease by Subtenant to be observed and performed. The Escrow Account shall be maintained by Escrow Agent pursuant to an escrow agreement executed by the parties (the "Escrow Agreement") and all costs relating to the establishment and maintenance of such Escrow Account shall be borne by Subtenant. Upon an Event If any of Default the rents herein reserved or any other sum payable by Lessee under this Lease AgreementSubtenant hereunder shall be overdue or unpaid, or should Sublessor make any expenditure on behalf of Subtenant, or if Lessee fails Subtenant shall fail to perform any of the terms, provisions and conditions terms or covenants of this Lease Sublease and Subtenant has failed to pay or cure same within the applicable cure periods set forth herein, then Sublessor at its option and without prejudice to any other remedy which Sublessor may have on account thereof, may, subject to the terms and provisions hereof and the Escrow Agreement, Lessor may use, apply, or retain receive a disbursement from the whole or any part Escrow Agent of the entire Security Deposit or so deposited for much thereof as may be necessary to compensate Sublessor toward the payment of any rent or other sum due Lessor hereunder or which Lessor may expend toward any loss or be required damage sustained by Sublessor or toward any expenditure made by Sublessor due to expend by reason of such breach on the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of Subtenant; and Subtenant shall forthwith upon demand restore the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseoriginal sum deposited. In the event that Lessee shall Should Subtenant comply with all of the terms, terms and covenants and conditions of this Lease AgreementSublease and promptly pay all of the rentals and all other sums payable by Subtenant or Sublessor as they become due, the Escrow Account shall be closed and the Security Deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered Subtenant at the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale end of the Building term. Subtenant further covenants that it will not assign or the Project, Lessor shall have the right to transfer encumber the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.that neither

Appears in 1 contract

Sources: Sublease Agreement (Marex Com Inc)

Security Deposit. a. Lessee shall pay has deposited with Lessor $5623; $3300 already on hand; $2323 due on February 1, 1999 or the equivalent of one month's rent, in good or certified funds with a domestic bank, as a non-interest bearing security deposit. Lessor may use the security deposit to Lessor simultaneously with the execution cure any default of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of restore the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue Premises including any and all furniture, fixtures and equipment provided by Lessor and vendors at the Premises to their original condition and configuration, reasonable wear and tear excepted, to pay for repairs to any damage to the Premises, Executive Suite or Building, caused by Lessee or Lessee's guests, to pay any rent or other remedies available charges which Lessee owes Lessor at or prior to it under the terms expiration of this Lease Agreement Agreement, and to reimburse Lessor for costs or otherwiseexpenses arising from any other obligation of Lessee which Lessee has failed to perform. In the event that Lessee shall comply with all If Lessor transfers control or ownership of the termsPremises and Lessor transfers the security deposit to such purchaser, covenants and conditions of this Lease Agreement, Lessee will look solely to the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered new Lessor for the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale return of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchasersecurity deposit, and the Lessor named in this Agreement shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for security deposit. b. The security deposit (less any sums used by Lessor in accordance with the return terms and conditions of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three Agreement) will be returned within sixty (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (1060) days after demand the termination of any services rendered or expiration of the term hereof. The security deposit shall not under any circumstance be applied in lieu of be the final payment(s) of Fixed Monthly Rental charges or service charges under this Agreement. c. In the event that, by reason of the Lessee's default in its obligations pursuant to this Agreement or otherwise, including but not limited to the payment of the Fixed Monthly Rental Charge, any amounts due by reason of the Lessee's use of additional services hereto and/or by reason of the Lessee's use of telephone services as supplied pursuant to this Agreement, Lessor shall be entitled to apply any of the security deposited pursuant to this Agreement to any outstanding sums due or owing to the Lessor, and Lessor shall have the right to charge the Lessee, as additional rent, such sums as are necessary to replenish any and all amounts applied so as to cause the security to be increased returned to an amount equal its entire amount. The failure to pay such amounts as are necessary to replenish the greater security shall be considered a breach of (i) three (3) times this Agreement and shall entitle the aforesaid amount Lessor to exercise any of its rights pursuant to this Agreement or (ii) three (3) months rentotherwise.

Appears in 1 contract

Sources: Lease and Service Agreement (Litronic Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously (a) Concurrently with the execution of this Lease Agreement a Lease, LESSEE shall deposit with LESSOR the sum zero and 00/100 Dollars (of $0,000.00) (5,306.00, the “Security Deposit”) same to be held by LESSOR as security for the full and faithful performance by Lessee LESSEE of each the terms and every termconditions by it to be observed and performed hereunder. If any Basic Rent, covenant Additional Rent or other sum payable by LESSEE to LESSOR becomes overdue and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreementremains unpaid, or if Lessee fails should LESSOR make any payments on behalf of LESSEE, or should LESSEE fail to perform any of the terms, provisions terms and conditions of this Lease AgreementLease, Lessor then LESSOR, at its option, and without prejudice to any other remedy which LESSOR may usehave on account thereof, applyshall appropriate and apply said deposit, or retain so much thereof as may be required to compensate or reimburse LESSOR, as the whole or any part of the Security Deposit so deposited for case may be, toward the payment of any Basic Rent, Additional Rent or other such sum payable hereunder, or loss or damage sustained by LESSOR due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default breach or failure to perform including, but not limited to, any damages or deficiency in on the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of LESSEE, and upon demand, LESSEE shall restore such security to the Security Deposit original sum deposited. (b) LESSEE hereby agrees that the security deposit shall not equal $5,306.67 one (1) month's Basic Rent at all times during the Term, and LESSEE agrees to deposit with LESSOR such additional sum as may be or be deemed required to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding satisfy such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee requirement within thirty (30) days after Lessee has vacated and surrendered any increase in the Leased Premises in accordance with Basic Rent. 27.2. Conditioned upon the terms hereof, so long as no Event full compliance by LESSEE of Default by Lessee shall then be existing under all of the terms of this Lease AgreementLease, and the prompt payment of all sums due hereunder, as and when they fall due, said deposit shall be returned in full to LESSEE within fifteen (15) days after the end of the Term. 27.3. In the event of a sale bankruptcy or other debtor-creditor proceeding against LESSEE, such security deposit shall be deemed to be applied first to the payment of rent and other charges due LESSOR for all periods prior to filing of such proceedings. 27.4. In the Building event of any transfer of title to the Premises, or the Projectany assignment of LESSOR'S interest under this Lease, Lessor LESSOR shall have the right to transfer the Security Deposit security deposit to said transferee or assignee and, provided that the purchasertransferee or assignee assumes in writing the obligations of LESSOR under this Lease, and Lessor LESSOR shall thereupon be released by LESSEE from all liability for the return of such Security Depositsecurity deposit. Lessee shall In such event, LESSEE agrees to look solely to the new landlord lessor for the return of such Security Depositthe security deposit. If Lessee It is hereby agreed that the provisions of this Section shall fail apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased security deposit to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months renta new lessor.

Appears in 1 contract

Sources: Lease Agreement (All Communications Corp/Nj)

Security Deposit. The Lessee shall pay to Lessor simultaneously hereby deposits the sum of Two Thousand Nine Hundred Eighty-Seven Dollars and Twenty-Nine Cents ($2,987.29) with the execution Lessor, the receipt of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) which is hereby acknowledged, as security for the full and faithful performance by the Lessee of each and every term, covenant and condition of this Lease AgreementLease. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any shall maintain the full amount of the security deposit throughout the term of this Lease. In the event that the Lessee defaults with respect to any terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including but not limited to payment of any rentals, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor such rentals in default or for any such sums which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including's default, but not limited to, including any damages or deficiency in the reletting of the Leased Demised Premises, provided, however, that any whether such use, application damages or retention deficiency may accrue before or after summary proceedings or other reentry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that the Lessee shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit shall security or the balance thereof will be returned to the Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with time fixed as the terms hereof, so long as no Event of Default by expiration thereof. The Lessee shall then not be existing under entitled to any interest on the terms security. In the absence of evidence satisfactory to the Lessor of any assignment of the right to receive this security, or the remaining balance thereof, the Lessor may return the security to the original Lessee, regardless of one or more assignments of the Lease Agreementitself. Prior to the time when the Lessee shall be entitled to return of the security deposit, the Lessor shall be entitled to intermingle such deposit with its own funds and to use such funds for purposes as the Lessor may determine. In the event of a sale of bona fide sale, subject to this Lease, the Building or the Project, Lessor shall have the right to transfer the Security Deposit security deposit to the purchaservendee for the benefit of the Lessee, and the Lessor shall thereupon be considered released by the Lessee from all liability for the return of such Security Deposit. sum, and the Lessee shall agrees to look solely to the new landlord solely for the return of such Security Deposit. If Lessee shall fail the security, and it is agreed that this apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased security to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months renta new landlord.

Appears in 1 contract

Sources: Lease (Skillsoft Public Limited Co)

Security Deposit. (a) Lessee shall pay to Lessor has, simultaneously with the execution of this Lease Agreement a Lease, deposited with Lessor, in cash or by check subject to collection, the sum zero of eight thousand and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 8,000.00). Said deposit shall be held as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, covenants, provisions and conditions of this Lease AgreementLease. It is agreed that in the event Lessee defaults in respect to any of the terms, covenants, provisions and conditions of this Lease, including (but not limited to) the payment of Base Rent or Additional Rent, and fails to cure any such defaults within applicable grace periods, Lessor may use, apply, apply or retain appropriate the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any sum due Lessor Base Rent or which Lessor may expend Additional Rent or be required for the curing of any defaults by Lessee hereunder pursuant to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, Paragraph 29 hereof; provided, however, that any no such use, application application, or retention by Lessor appropriation of the whole or any part of the Security Deposit deposit shall not be or be deemed to be an election relieve Lessee of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms breach of this Lease Agreement and shall be in addition to other remedies under this Lease. (b) Should the entire deposit or otherwise. In any portion thereof be appropriated and applied by Lessor under the event that foregoing provisions, then Lessee shall comply with all (upon the written demand of Lessor) forthwith remit to Lessor a sufficient amount in cash to restore said security to the termsoriginal sum deposited, covenants and conditions Lessee's failure to do so within ten (10) days after receipt of such demand shall itself constitute an event of default under this Lease Agreement, the Security Deposit Lease. (c) The security deposit (less any amounts applied as provided in subsection (a) above) shall be returned to Lessee within thirty (30) days after Lessee has vacated the date fixed as the end of the Term of this Lease and surrendered delivery of entire possession of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. to Lessor. (d) In the event of a sale sale, leasing or other transfer of the Building or land and building of which the ProjectLeased Premises forms a part, Lessor shall have the right to transfer the Security Deposit to the purchaser, security and Lessor shall thereupon be released by Lessee from all liability for the return of such Security Depositsecurity deposit. Lessee shall look solely to the new landlord Lessor solely for the return of said deposit. The provisions of this Paragraph 4(d) shall apply to every transfer or assignment made of the security deposit to a new Lessor. (e) Lessee covenants that it will not assign or encumber or attempt to assign to encumber the security deposited herein and that neither Lessor nor its successors or assigns shall be bound by any such Security Deposit. If assignment, encumbrance, attempted assignment or attempted encumbrance. (f) Lessee shall fail not be entitled to pay Rent any interest on the security deposit, and such funds need not be segregated or other sums when due held as escrow by Lessor. (g) It is expressly understood and agreed that, in the event of any termination of this Lease or re-entry upon or reletting of the Leased Premises on account of any default on the part of Lessee under this Lease, then, and in such event, the deposit shall be retained and be subject to appropriation by Lessor until this Lease Agreement more than three (3) times in any twelve (12) month periodwould, irrespective of whether or not by its terms, have expired absent such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentdefault.

Appears in 1 contract

Sources: Assignment and Assumption of Leases (North American Vaccine Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously Tenant contemporaneously with the execution of this Lease Agreement a Lease, has deposited with Landlord the sum zero and 00/100 Dollars (of $0,000.00) (4,850 receipt of which is hereby acknowledged by Landlord, said deposit being given to secure the “Security Deposit”) as security for the full and faithful performance by Lessee the Tenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any all of the terms, provisions covenants and conditions of this Lease Agreementby the Tenant to be kept and performed during the term hereof. The Tenant agrees that if the Tenant shall fail to pay the rent herein reserved, Lessor may usepromptly when due, applysaid deposit may, at the option of the Landlord (but Landlord shall not be required to), be applied to any rent due and unpaid, and if the Tenant violates any of the other terms, covenants and conditions of this Lease, said deposit shall be applied to any damages suffered by Landlord as a result of Tenant's default to the extent of the amount of the damages suffered. Nothing contained in this paragraph shall in any way diminish or be construed as waiving any of the Landlord's other remedies as provided herein, or retain by law. If the whole or any part of the Security Deposit so deposited security deposit is applied by Landlord for the payment of any sum over due Lessor rent or which Lessor may expend or be required other sums due and payable to expend Landlord by reason Tenant hereunder, then the Tenant shall, on the written demand of the Lessee’s Event of Default or Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security deposit to its original amount, and Tenant's failure to perform includingdo so within fifteen days after receipt of such demand, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms constitute a breach of this Lease Agreement or otherwiseLease. In the event that Lessee shall Should Tenant comply with all of the terms, covenants and conditions of this Lease Agreementand promptly pay all of the rental herein provided for as it falls due, the Security Deposit and all other sums payable by Tenant to Landlord hereunder, said security deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered Tenant at the Leased Premises in accordance with end of the terms hereofterm of this Lease, so long as no Event of Default by Lessee shall then be existing under or upon the terms earlier termination of this Lease Agreement. In pursuant to the provisions hereof, except in the event of that the demised premises are sold as a sale result of the Building exercise of any power of sale under any mortgage or the Projectdeed of trust, Lessor in which event this Lease shall have the right be automatically amended to transfer the Security Deposit delete any reference to the purchaserthis paragraph, and Lessor Tenant shall thereupon be released entitled to immediate reimbursement of its security deposit from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, party then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentholding said deposit.

Appears in 1 contract

Sources: Commercial Lease Agreement (1 800 Contacts Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with the Upon execution of this Lease Agreement Agreement, Tenant shall deposit with Landlord the sum of $ , which shall be held by Landlord as a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security deposit for the full and faithful performance by Lessee Tenant of each and every term, covenant and condition his obligations hereunder. This security deposit shall be returned to Tenant upon termination of this Lease Agreement. Upon an Event of Default and surrender by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting Tenant of the Leased Premises, providedsubject, howeverbut not limited, that any such useto the following conditions: (a) There shall be no damage to the Leased Premises beyond ordinary wear and tear; (b) The Leased Premises, application or retention by Lessor of including all appurtenances, shall be clean, and the whole or any part of the Security Deposit refrigerator shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood defrosted; (c) All rent due and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it payable under the terms of this Lease Agreement or otherwiseshall be paid to Landlord; (d) All keys shall have been returned to the Landlord; (e) All debris and rubbish and discards shall have been placed in proper rubbish containers; (f) All late charges and service charges for bad checks, if any, shall have been paid; and (g) Tenant shall have left a forwarding address with the Landlord. In the event that Lessee shall comply Michigan Law provides that: YOU MUST NOTIFY YOUR LANDLORD IN WRITING WITHIN 4 DAYS AFTER YOU MOVE OF A FORWARDING ADDRESS WHERE YOU CAN BE REACHED AND WHERE YOU RECEIVE MAIL; OTHERWISE YOUR LANDLORD SHALL BE RELIEVED OF SENDING YOU AN ITEMIZED LIST OF DAMAGES AND PENALTIES ADHERENT TO THAT FAILURE. The security deposit, less any deduction, with all an itemized list of the termsdamages, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee Tenant within thirty (30) 30 days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms any termination of this Lease AgreementLease. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentIT IS SPECIFICALLY UNDERSTOOD THAT THE AFORESAID SECURITY DEPOSIT SHALL NOT BE CONSIDERED PREPAID RENT AND SHALL NOT BE APPLIED BY THE TENANT ON THE LAST MONTH’S RENT.

Appears in 1 contract

Sources: Lease to Own Agreement

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a the sum zero of Six Hundred and 00/100 Dollars No/100 ($0,000.00600.00) (the “Security Deposit”) Dollars as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation the surrender of possession of the terms, provisions and conditions of premises to Lessor as provided in this Lease Agreement, Lease. If Lessor may use, apply, or retain the whole or applies any part of the Security Deposit deposit to cure any default of Lessee, Lessee shall upon demand deposit with Lessor the amount so deposited for applied to that Lessor shall have the full deposit on hand at all times during the term of this Lease. In addition to the statutory Lessor's lien, Lessor shall have at all times a valid security interest to secure payment of all rentals and other sums of money becoming due hereunder from Lessee, and to secure payment of any sum due Lessor damages or loss which Lessor may expend or be required to expend suffer f er by reason of the Lessee’s Event breach by Lessee of Default any covenant, agreement or failure to perform includingcondition contained herein upon all goods, but not limited towares, any damages equipment, fixtures, furniture, improvements, leaseholds and other personal property of Lessee presently, or deficiency in which may hereafter be situated on the reletting of the Leased Demised Premises, providedand all other personal property of Lessee presently, howeveror which may hereafter be situated on the Demised Premises, that any and all proceeds therefrom, and such use, application or retention by Lessor of the whole or any part of the Security Deposit property shall not be removed without the consent of Lessor until all arrearages in rent as well as any and all other sums of money then due to Lessor or to become due to Lessor hereunder shall first have been paid and discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Lessee. Upon the occurrence of an event of default by Lessee, Lessor may, in addition to any other remedies provided herein, enter upon the Demised Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements, leaseholds and other personal property of tenant situated on the Demised Premises, without breach of peace (or by force, but only if necessary and allowed by law under the applicable circumstances) without liability for trespass or conversion and sell the same at public or private sale, with or without having such property at the sale, after giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Lessor or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Lessee reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in this Lease at least seven (7) days before the time of sale. Any sale made pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a commercially reasonable manner if held in the above-described premises or where the property is located after the time, place and method of sale and a general description of the types of property to be an election sold have been advertised in a daily newspaper published in the county in which the property is located for three (3) consecutive days before the date of remedies the sale. The proceeds from any such disposition, less any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorneys, fees and legal expense) , shall be applied as a credit against the indebtedness secured by the security interest granted in this paragraph. Any surplus shall be paid to Lessee or as otherwise required by law; the Lessee shall pay any deficiencies forthwith. Upon request by Lessor, Lessee agrees to execute and deliver to Lessor a financing statement in form sufficient to perfect the security interest of Lessor in the aforementioned property and proceeds thereof under the provision of the Uniform Commercial Code (or viewed corresponding state statute or statutes) in force in the State of Texas, as liquidated damageswell as any other state the laws of which Lessor may at any time consider to be applicable; provided however, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessee agrees that Lessor shall have the right to pursue any and all other remedies available to it under the terms file a photocopy of this Lease Agreement or otherwise. In as a financing statement for the event that Lessee shall comply with all purpose of perfecting the security interest of the terms, covenants and conditions Lessor created pursuant to the provision of this Lease Agreement, paragraph. The statutory lien for rent is expressly reserved; the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated security interest herein granted is in addition and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsupplementary thereto.

Appears in 1 contract

Sources: Lease (Dynacq International Inc)

Security Deposit. Prior to ▇▇▇▇▇▇'s occupancy of the Premises, Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars equal to four ($0,000.004) (the “Security Deposit”) months' rent as security for for, and to be returned to Lessee only after, the full full, prompt and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants covenants, and conditions of this Lease Agreementherein provided to be kept and observed by ▇▇▇▇▇▇; provided. however, that the Security Deposit security deposit shall be returned increased to Lessee within thirty a sum equal to six (306) days after Lessee has vacated and surrendered months if at any time during the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale term of the Building or Lease the Project, Lessor shall have the right average balance in Lessee's bank account for any month is less than $2 million. Prior to transfer the Security Deposit to the purchaser, occupancy and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after each calendar month during the term of this Lease, Lessee shall deliver to Lessor a copy of Lessee's bank statement for the preceding month. If, from time to time during the term of the Lease, the Security Deposit is increased to six months' rent and the average balance in ▇▇▇▇▇▇'s bank account subsequently exceeds $2 million, the excess security deposit shall be applied to rent next falling due. Lessor may pursue any remedy or combination of remedies under this Lease without first resorting to or exhausting the security or any of it. In the event of the failure of Lessee to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by ▇▇▇▇▇▇, then Lessor at its option may appropriate and apply said entire deposit, or so much thereof as may be necessary, to compensate the Lessor for all loss or damage sustained or suffered by Lessor due to such breach on the part of Lessee. The entire deposit, or any portion thereof, may be appropriated and applied by Lessor for the payment of overdue rent or other sums due and payable to Lessor by ▇▇▇▇▇▇ hereunder, and ▇▇▇▇▇▇ shall, upon the written demand by of Lessor, be increased thereafter forthwith remit to an amount equal Lessor a sufficient sum in cash to restore said security to the greater original sum deposited, and ▇▇▇▇▇▇'s failure to do so within five (5) days after receipt of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsuch demand shall constitute a breach of this Lease.

Appears in 1 contract

Sources: Office Lease (Ants Software Com Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with the Upon execution of this Lease Agreement Contract, LESSEE shall provide LESSOR with a sum zero Security Deposit in cash in an amount specified in Annex “A”, to answer and 00/100 Dollars ($0,000.00) (the “Security Deposit”) stand as security for the full proper and faithful due performance by Lessee of each all of LESSEE’s obligations under this Contract. The existence of such Security Deposit, however, does not and every termshall not excuse LESSEE’s non-payment of rent or of any other sum required to be paid hereunder on the due date specified therefor. The Security Deposit shall be increased correspondingly as and when the rent is automatically increased annually. The additional Security Deposit shall be remitted to LESSOR thirty (30) days before the onset of a new year under the Lease Term. The Security Deposit or any balance thereof shall be returned to LESSEE, covenant and condition without interest, within sixty (60) days after the expiration of the term of this Lease Agreementlease, and after LESSEE shall have completely and satisfactorily vacated and delivered the Leased Premises to LESSOR, less whatever amounts LESSEE may owe LESSOR or which LESSOR may apply against the Security Deposit as authorized hereunder. Upon an Event of Default by Lessee under this Lease AgreementLESSOR shall, or if Lessee fails to perform any notwithstanding the delivery of the termsLeased Premises to LESSOR by LESSEE, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain have the whole right to withhold all or any part of the Security Deposit so deposited until LESSOR shall have received statements of account from utility companies supplying telephone, water, electric power or public utility services to the Leased Premises, covering the period ending on the date LESSEE shall have completely vacated and delivered the Leased Premises to LESSOR. The amount withheld shall answer for the payment of any sum unpaid utility and service bills. Any remaining amount shall be returned to LESSEE without interest. Likewise, should LESSEE have any other obligation which remains due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform includingand unpaid under any other contract with LESSOR, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor LESSOR shall have the right to pursue any and all other remedies available to it under automatically apply the terms amount of this Lease Agreement or otherwise. In these unpaid obligations against the event that Lessee shall comply with all Security Deposit in settlement thereof, upon the termination of the terms, covenants and conditions lease. 1. Upon the occurrence of this Lease Agreementany of these events, the Security Deposit (or the balance thereof which should otherwise have been returned to LESSEE had such termination not have occurred) shall be forfeited in favor of LESSOR, in addition to whatever damages that may be due by virtue of the termination of this Contract. In the event, however, that this lease is terminated at the instance of LESSOR without any fault or negligence of LESSEE but with its conformity or at the instance of LESSEE pursuant to Articles 10.2, 10.3, and 12.1, the Security Deposit or any balance thereof shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereofLESSEE, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale net of the Building or the Project, Lessor shall have the right amounts authorized to transfer be deducted therefrom under this Article. If the Security Deposit is not refunded to LESSEE or its return to LESSEE is otherwise delayed on the purchaser, and Lessor shall thereupon be released from all liability for 60th day after the return expiry of this lease or otherwise when such Security Deposit. Lessee Deposit is due for return to LESSEE under this Contract, LESSOR shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail be liable to pay Rent or other sums when due under this Lease Agreement more than three two percent (32%) times in any twelve (12) interest per month periodof delay, irrespective on the amount of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, outstanding from the date it becomes due for payment. This right of LESSEE shall be increased in addition to an amount equal to whatever is provided under the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentlaw and in this Contract.

Appears in 1 contract

Sources: Lease Agreement (WNS (Holdings) LTD)

Security Deposit. Lessee shall pay Section 31.1 Subject to Lessor simultaneously Section 3 1.2 below, Tenant has deposited with Landlord the execution sum of this Lease Agreement a sum zero and 00/100 One Hundred Thousand Dollars ($0,000.00) (the “Security Deposit”100,000) as security for the full and faithful performance and observance by Lessee Tenant of each the terms, provisions, covenants and every term, covenant and condition conditions of this Lease Agreement. Upon an Event Lease, and it is agreed that in the event Tenant defaults beyond the expiration of Default by Lessee under this Lease Agreementapplicable notice, or if Lessee fails to perform grace and cure periods in respect of any of the terms, provisions provisions, covenants and conditions of this Lease AgreementLease, Lessor including, but not limited to, the payment of Rental, Landlord may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any Rental or any other sum due Lessor as to which Tenant is in default or for any sum which Lessor Landlord may expend or may be required to expend by reason of Tenant’s default beyond the Lessee’s expiration of applicable notice, grace and cure periods in respect of any of the terms, provisions, covenants and conditions of this Lease, including, but not limited to, any damages or deficiency accrued before or after summary proceedings or other re-entry by Landlord. The security shall, provided no Event of Default then exists hereunder, be returned to Tenant after the date fixed as the end of the Term and not later than thirty (30) days after delivery of entire possession of the Premises to Landlord as provided hereunder. In the event of a sale of the Land and Building or failure leasing of the Building, of which the Premises form a part, Landlord shall have the right to perform transfer the security to the vendee or lessee and Landlord shall thereupon be released by Tenant from all liability for the return of such security, and Tenant agrees to look solely to the new Landlord for the return of said security, and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited I herein as security and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. In the event Landlord applies or retains any portion or all of the security deposited, Tenant shall forthwith restore the amount so applied or retained so that at all times the amount deposited shall be the full amount of the security deposit required at the relevant time. The security shall be deposited in an interest-bearing account in a bank in New York City selected by Landlord, and interest earned on the account (less the one percent (1%) administrative fee allowed by law which may be retained by Landlord) shall, provided Tenant is not in default hereunder beyond the expiration of applicable notice, grace or cure periods, be paid to Tenant upon request but no more frequently than annually. Section 31.2 In lieu of the cash security deposit referred to in Section 3 1.1 above, Tenant may deliver to Landlord, and shall maintain in effect at all times during the Term (and through the period which is thirty (30) days following the Expiration Date) following delivery thereof, a clean, unconditional and irrevocable letter of credit, in substantially the form annexed hereto as Exhibit B in the amount of One Hundred Thousand Dollars ($100,000) issued by a banking corporation (“Bank”) reasonably satisfactory to Landlord and which is a member of the New York Clearing House Association or successor thereto and is presentable for payment at an office of the Bank in the Borough of Manhattan, New York, New York. Such letter of credit shall have an expiration date no earlier than the first anniversary of the date of issuance thereof and it shall be automatically renewed from year-to-year unless terminated by the Bank by notice to Landlord given not less than forty-five (45) days prior to the then expiration date therefore. It is agreed that in the event Tenant defaults in respect of any of the terms, covenants or provisions of this Lease, including, but not limited to, the payment of any Rental, and such default continues beyond the applicable grace and cure period, if any, or if any letter of credit is terminated by the Bank and is not replaced within thirty (30) days prior to its expiration that (i) Landlord shall have the right to require the Bank to make payment to Landlord of so much of the entire proceeds of the letter of credit as shall be reasonably necessary to cure the default (or the entire proceeds if notice of termination is given as aforesaid and the letter of credit is not replaced as aforesaid), and (ii) Landlord may apply said sum so paid to it by the Bank to the extent required for the payment of any Rental or any other sum as to which Tenant is in default beyond applicable grace and cure periods or for any sum which Landlord may expend or may be required to expend by reason of Tenant’s default beyond applicable grace and cure periods in respect of any of the terms, covenants and conditions of this Lease, including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, providedwhether such damages or deficiency accrues before or after summary proceedings or other re-entry by Landlord, however, that without thereby waiving any other rights or remedies of Landlord with respect to such use, application or retention by Lessor of the whole or default. If Landlord applies any part of the Security Deposit proceeds of a letter of credit, Tenant, upon demand, shall not be deposit with Landlord promptly the amount so applied or be deemed to be an election retained (or increase the amount of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor the letter of credit) so that the Landlord shall have the right full deposit on hand at all times during the Term. If, subsequent to pursue a letter of credit being drawn upon, a new letter of credit meeting all the requirements set forth in this Section 31.2 is delivered to Landlord, any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all proceeds of the termsformer letter of credit then held by Landlord shall be promptly returned to Tenant. If a letter of credit is drawn upon, covenants and conditions any proceeds received by Landlord which are not applied to the curing of this Lease Agreementthe default shall be held by Landlord subject to the provision of Section 3 1.1 above. Any letter of credit, or any remaining portion of any sum collected by Landlord hereunder from the Security Deposit Bank, together with any other portion or sum held by Landlord as security shall, provided no Event of Default shall then exist hereunder, be returned to Lessee Tenant within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms Expiration Date of this Lease Agreementand after delivery of the entire possession of the Premises to Landlord. In the event of a sale an assignment by Landlord of the Building or the Projectits interest under this Lease, Lessor Landlord shall have the right to transfer the Security Deposit security to the purchaserassignee, and Lessor shall thereupon be released from all liability Tenant agrees to look to the new Landlord solely for the return of such Security Depositsaid security and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Lessee Tenant shall look solely have the right to substitute one letter of credit for another provided that at all times the new landlord for letter of credit shall meet the return requirements of such Security Deposit. If Lessee shall fail to pay Rent this Section 31.2. Section 31.3 Notwithstanding anything contained in Section 3 1.1 or other sums when due 3 1.2 above, on March 1,2002, if there is no default by Tenant under this Lease Agreement more than three (3) times in which remains uncured beyond any twelve (12) month applicable grace and cure period, irrespective Landlord shall return such portion of whether the security to Tenant (or not shall permit Tenant to substitute or reduce any letter of credit then held as security by Landlord), such delinquencies have been cured, then that the Security Deposit shall, within ten (10) days after demand by Lessor, security deposit pursuant to Section 3 1.1. or 3 1.2 above shall be increased reduced to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent$50,000.

Appears in 1 contract

Sources: Lease Agreement (Learning Tree International Inc)

Security Deposit. On the date this Lease is signed by Lessor and Lessee, Lessee shall pay to provide Lessor simultaneously with the execution cash or letter of Credit Security Deposit specified in paragraph 3. of Schedule "1" hereto to be held by Lessor as security for performance of all Lessee's obligations hereunder and under the Companion Lease. Lessee agrees to maintain the Security Deposit with Lessor for the original amount thereof until all Lessee's obligations hereunder shall have been fully performed. Lessor may commingle the cash Security Deposit with its general funds. In the event Lessee fails to take delivery of the Aircraft as provided herein or if any other Event of Default occurs and is continuing or shall result in the termination or cancellation of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (by Lessor, in addition to any other rights or remedies Lessor may have hereunder or under the “Security Deposit”) as security Companion Lease, Lessor shall be entitled, at its option, to draw on the Letter of Credit, if any, for the full amount thereof or for any portion thereof as Lessor shall elect, and faithful apply all or any proceeds thereof, or, as the case may be, all or any portion of the cash Security Deposit towards any or all amounts due under this Lease or the Companion Lease, whether such amounts due constitute Basic Rent payments hereunder or thereunder, damages for breach of this Lease or the Companion Lease, or other Rent payments hereunder or thereunder. If at the time the Letter of Credit, if any, is drawn upon Lessor shall not have finally determined the full amount to become payable hereunder and under the Companion Lease (including without limitation, the extent of its damages hereunder or the damages under the Companion Lease), Lessor shall be entitled to retain the unapplied portion of the cash Security Deposit or the unapplied proceeds of the Letter of Credit, as the case may be, until such time as such final determination has been made and full and final payment thereof has been received (and Lessor agrees to use reasonable efforts to make prompt determination of the full amount payable hereunder and under the Companion Lease). Upon full performance by Lessee of each all its obligations hereunder, and every term, covenant and condition of this Lease Agreement. Upon an provided no Event or Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions shall have occurred and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retentioncontinuing, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer promptly return the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously Tenant has deposited with Landlord the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) , a copy of which is attached hereto as Exhibit E, as security for the full and faithful performance and observance by Lessee Tenant of each the terms, provisions and every term, covenant and condition conditions of this Lease AgreementLease. Upon It is agreed that in the event there exists an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform Tenant in respect of any of the terms, provisions and conditions of this Lease AgreementLease, Lessor Landlord may draw upon and use, apply, apply or retain the whole or any part of the proceeds so drawn of the Security Deposit so deposited to the extent required for the payment of any Rent or any other sum due Lessor as to which there is an Event of Default by Tenant or for any sum which Lessor Landlord may expend or may be required to expend by reason of the Lessee’s Tenant's Event of Default or failure to perform including, but not limited to, in respect of any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementLease, including but not limited to any damage or deficiency accrued before or after summary proceedings or other reentry by Landlord, including the Security Deposit costs of such proceeding or reentry and further including, without limitation, reasonable attorney's fees. It is agreed that Landlord shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall always have the right to transfer draw upon and apply the Security Deposit, or any part thereof, as aforesaid, without notice and without prejudice to any other remedy or remedies which Landlord may have, or Landlord may pursue any other such remedy or remedies in lieu of drawing upon and applying the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositor any part thereof. If Lessee Landlord shall fail to pay Rent draw upon and use, apply or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then retain the Security Deposit shallin whole or in part, Tenant shall within ten (10) days after demand by Lessor, written notice from the Landlord make such further or other deposit of monies or amended Letter of Credit in form and substance satisfactory to Landlord as may be increased necessary to an amount bring the balance of the Security Deposit to a sum equal to the greater amount of the Security Deposit required to be maintained at such time. In the event that (i) three (3) times the aforesaid amount or there is no Event of Default by Tenant under this Lease, and (ii) three the Guarantor has a net worth in excess of Forty Million Dollars (3$40,000,000.00) months rentdetermined in accordance with generally accepted accounting principles for the Guarantor's most recent twelve (12) month fiscal year and reasonably approved by Landlord, the amount of the Security Deposit shall be reduced by One Hundred Fifty Thousand Dollars ($150,000.00) at the end of each anniversary hereof for the first five (5) years following the date hereof. If the Letter of Credit is terminated at any one (1) year anniversary thereof, Landlord shall have the right to draw on such Letter of Credit if a substitute Letter of Credit meeting the requirements of this Section 17.12 is not provided not later than fifteen (15) days prior to the expiration of the then effective Letter of Credit. The holder of any mortgage upon the Building or Lot shall never be responsible to Tenant for the Security Deposit or its application or return unless the Security Deposit shall actually have been received in hand by such holder.

Appears in 1 contract

Sources: Lease (CMG Information Services Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously Concurrently with the Lessee's execution of this Lease, it has deposited with Lessor the sum specified in Item 8 of the Basic Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) Provisions as security for of the full and faithful performance by Lessee lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions all covenants and conditions of this Lease AgreementLease. If Lessee shall breach or default in the performance of any covenants or conditions of the Lease, including the payment of rent, Lessor may use, apply, apply or retain the whole or any part of the Security Deposit so deposited such security deposit for the payment of any sum due rent in default. If Lessor so uses or which applies all or any portion of said deposit, Lessee shall within three (3) days after written demand therefor deposit cash with Lessor may expend in an amount sufficient to restore said deposit to the full amount herein above stated and Lessee's failure to do so shall be a material breach of this lease. Should Lessee comply with all covenants and conditions of this Lease, the Security deposit or any balance thereof shall be required returned to expend by reason Lessee (or at the option of Lessor, to the last assignee of Lessee's interest in this Lease) at the expiration of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit term. Lessee shall not be or be deemed entitled to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood interest on the security deposit and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue comingle said security deposit with other funds of Lessor. Should Lessor sell its interest in the Premises, Lessor may deposit with the purchaser thereof the then unexpended or unappropriated funds deposited by Lessee and thereupon Lessor shall be discharged from any further liability for such funds. 5.1 The premises shall be used and occupied for general office purposes relating to the conduct of business in a manner consistent and in compliance with all applicable ordinances and other governmental requirements affecting the Premises, and the Rules and Regulations attached hereto and all other remedies available additions to it under such Rules an Regulations as Lessor may from time to time reasonably adopt for the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all safety, care and cleanliness of the termspremises or the preservation of good order, covenants and conditions for no other purpose whatsoever without the express written consent of this Lease AgreementLessor, the Security Deposit which consent shall be returned in the sole and absolute discretion of Lessor. Lessor shall not be responsible to Lessee within thirty (30) days after Lessee has vacated for nonperformance of any said Rules and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default Regulations by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale any other tenant of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentBuilding.

Appears in 1 contract

Sources: Lease (Iown Holdings Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with Within fourteen (14) days after the execution and ---------------- delivery of this Lease Agreement a sum zero Sublease, Mercata shall deliver to Attachmate an irrevocable and 00/100 Dollars unconditional standby Letter of Credit (herein, together with all replacements thereof, being called the "Letter of Credit") issued by U.S. Bank of Washington, National Association, Bank of America, or another bank or financial institution reasonably acceptable to Attachmate. The Letter of Credit shall secure Mercata's payment obligations under the Sublease and shall be in an amount equal to $0,000.00200,000. The term of the Letter of Credit shall extend from the Commencement Date of the Sublease to the earlier of (i) ninety (90) days after the “Security Deposit”expiration of the Term (including any extensions thereof) as security for the full and faithful performance by Lessee of each and every term, covenant and condition or earlier termination of this Lease Agreement. Upon an Event of Default by Lessee Sublease; or (ii) in the event Mercata is not in default under this Lease AgreementSublease, or if Lessee fails the day after Mercata has fully surrendered the Subleased Premises to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency Attachmate in the reletting manner required under Section 9 below. Further, the Letter of the Leased PremisesCredit shall contain an evergreen renewal provision with not less than 90 days notice to Attachmate on nonrenewal), provided, however, Mercata's notice exercising it's option to extend the Term shall contain evidence of renewal of the Letter of Credit for the First Extended Term. The Letter of Credit shall be in a form reasonably acceptable to Attachmate, shall be irrevocable, multiple draw, and subject only to the condition that a proper draw certificate or claim be presented and to no other condition. The Letter of Credit shall be transferable and assignable by Attachmate, in whole or in part without cost to Attachmate, upon a transfer of all of Attachmate's interest in the Premises. Mercata shall pay all reasonable costs and shall take all reasonable steps necessary for any such use, application proposed transfer or retention by Lessor assignment of the Letter of Credit. If Mercata shall fail to pay such costs or take such steps in connection with a proposed transfer or assignment of the Letter of Credit, then Attachmate may, after written notice to Mercata as required under Section 18 below, draw upon the Letter of Credit in whole or in part and may transfer the proceeds of such draw. The Letter of Credit may be drawn in whole or in part by Attachmate from time to time (and more than one time for partial draws) upon the occurrence of any part event of default by Mercata under the Sublease, after notice and the expiration of any applicable cure period, and without further notice to Mercata. Attachmate may draw upon the Letter of Credit without proceeding against any person or exhausting any other remedies that Attachmate may have and without resorting to any other security held by Attachmate. Attachmate may apply the proceeds of the Security Deposit shall not be Letter of Credit in any order or be deemed manner to be an election of remedies any amounts owed by Lessor Mercata under or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right pursuant to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementSublease. In the event of a sale draw by Attachmate upon the Letter of Credit as provided for herein, Mercata shall be required to replace the amount of the Building draw by a like amount to the Letter of Credit so the balance of the Letter of Credit remains $200,000. Such application shall not cure an event of default by Mercata under this Sublease until such time as Mercata has reinstated the drawn amount of the Letter of Credit in full. Furthermore, in no event shall the Letter of Credit, or the Project, Lessor shall have the Attachmate's right to transfer draw upon the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return Letter of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by LessorCredit, be increased to an amount equal to the greater of affected or impaired by (i) three (3) times the aforesaid amount waiver, compromise, settlement, termination or other release of the performance or observance by any person liable or to become liable for the obligations under this Sublease; (ii) three the modification or amendment (3whether material or otherwise) months rentof any obligation, covenant or agreement set forth in this Sublease; (iii) the voluntary or involuntary liquidation, dissolution, sale of all or substantially all of the assets, marshalling of assets and liabilities, receivership, conservatorship, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition or readjustment of, or any similar proceeding affecting Mercata, or any allegation or contest of the validity of this Sublease; or (iv) the taking or the omission of any of the actions referred to in this Sublease.

Appears in 1 contract

Sources: Sublease Agreement (Mercata Inc)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including, without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, after the expiration of applicable notice and cure periods, Lessee shall within five (5) business days after written demand by Lessor, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwiseLease. In the event that Lessee shall comply with all of the termsa bona fide sale, covenants and conditions of subject to this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectLease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. , provided that the vendee receives the Security Deposit from Lessor, and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided Lessee is not in default under this Lease, after the expiration of applicable notice and cure periods, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall fail be returned to pay Rent Lessee within thirty (30) days after the expiration or other sums when due sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event of the entry of a judgement in any court against Lessee which is not discharged within ninety (90) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require Lessee to deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Lease Agreement (Alteon Inc /De)

Security Deposit. On the date of this Agreement, Lessee shall pay to Lessor simultaneously with an amount that, when added to amounts previously paid to Lessor, equal the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as . The Security Deposit shall constitute additional security for the full and faithful performance by Lessee of each its obligations under this Agreement, and every term, covenant and condition of this Lease Agreement. Upon the following provisions shall apply: (i If an Event of Default occurs and for as long as it continues, the Lessor may (but shall not be obligated to) apply all or any portion of the Security Deposit in or towards satisfaction of any sums due and payable to the Lessor under the Operative Documents or to compensate the Lessor for any sums which it may, in its discretion, advance or expend as a result of any such Event of Default. Notwithstanding any such use or application by the Lessor, the Lessee shall remain in default under this Agreement until the full amount owed by the Lessee, including interest accrued thereon pursuant to Clause 5.11, shall have been paid to the Lessor. If the Lessor so uses or applies all or any portion of the Security Deposit, the Lessee shall, on demand of the Lessor, replenish the Security Deposit in an amount equal to the amount so used or applied within five Business Days after Lessor's demand therefor. (ii Lessor may commingle the Security Deposit with its general funds and may deposit the Security Deposit in any account selected by Lessor, whether interest-bearing or not, and any interest earned on the Security Deposit will be the sole property of Lessor. (iii The Security Deposit shall be returned to Lessee within five Business Days of (1) delivery to Lessor of a Letter of Credit in accordance with Clause 5.1(b), (2) redelivery of the Aircraft to the Lessor in the condition required by Clause 12 and Schedule 4, or (3) receipt by the Lessor of the Agreed Value following a Total Loss and all other amounts due under Clause 11.1(b); provided, that if, upon the occurrence of any event specified in the foregoing subclause (1), (2) or (3), any amounts payable by Lessee under this Lease AgreementAgreement remain outstanding, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, then the Security Deposit shall be returned to Lessee within thirty (30) days after five Business Days of the Lessor being satisfied that the Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit irrevocably paid to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due amounts that are at that time outstanding under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentAgreement.

Appears in 1 contract

Sources: Lease Agreement (Vanguard Airlines Inc \De\)

Security Deposit. Lessee shall pay to Lessor simultaneously with To secure the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee VITAL of each all the covenant, conditions and every termagreements in this Sub-Sublease set forth and contained on the part of VITAL to be fulfilled, covenant kept, observed and condition performed including, but not by way of limitation, such covenants and agreements in this Lease Agreement. Upon Sub-Sublease which become applicable upon the termination of the same by re-entry or otherwise, VITAL has deposited with JCP the Security Deposit as specified in Section 1(O) on the understanding that: (a) the Security Deposit or any portion thereof not previously applied, or from time to time, such one or more portions thereof, may be applied to the curing of any default that may then exist, without prejudice to any other remedy or remedies which JCP may have on account thereof, and upon such application VITAL shall pay JCP on demand the amount so applied which shall be added to the Security Deposit so the same may be restored to its original amount; (b) should the Sublease be assigned by JCP, the Security Deposit or any portion thereof not previously applied may be turned over to JCP's assignee and if the same be turned over as aforesaid; VITAL hereby releases JCP from any and all liability with respect to the Security Deposit and/or its application or return; (c) if permitted by law, JCP or its successor shall not be obligated to hold the Security Deposit as a separate fund, but on the contrary may commingle the same with its other funds; (d) if VITAL shall faithfully fulfill, keep, perform and observe all of the covenants, conditions and agreements in this Sub-Sublease set forth and contained on the part of VITAL to be fulfilled, kept, performed and observed, the sum deposited or the portion thereof not previously applied, shall be returned to VITAL without interest no later than thirty (30) days after the expiration of the Term of the Sub-Sublease or any renewal or extension thereof, provided VITAL has vacated the Premises and surrendered possession thereof to JCP at the expiration of the Term or any extension or renewal thereof as provided herein; (e) in the event that JCP terminates this Sub-Sublease or VITAL's right to possession by reason of an Event of Default by Lessee under this Lease AgreementVITAL, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor JCP may use, apply, or retain the whole or any part of apply the Security Deposit so deposited for against damages suffered to the payment date of any sum due Lessor such termination and/or may retain the Security Deposit to apply against such damages as may be suffered or which Lessor may expend or be required to expend shall accrue thereafter by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency VITAL's default; and (f) in the reletting of the Leased Premisesevent any bankruptcy, providedinsolvency, howeverreorganization or other creditor-debtor proceedings shall be instituted by or against VITAL, that any such use, application or retention by Lessor of the whole its successors or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementassigns, the Security Deposit shall be returned deemed to Lessee within thirty (30) days after Lessee has vacated be applied first to the payment of any Rent due JCP for all periods prior to the institution of such proceedings, and surrendered the Leased Premises in accordance with the terms hereofbalance, so long as no Event if any, of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit may be retained or paid to the purchaser, and Lessor shall thereupon be released from all liability for the return JCP in partial liquidation of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentJCP's damages.

Appears in 1 contract

Sources: Sub Sublease (Vital Living Inc)

Security Deposit. Lessee Upon the execution hereof, in order to assure the District the Grantee will perform in a timely and proper manner its obligations under this Agreement, at the time of the execution hereof, the Grantee shall pay to Lessor simultaneously deposit with the execution Executive Director of this Lease Agreement the District and thereafter continue to maintain, a sum zero guarantee (hereinafter referred to as "Financial Guarantee") in the amount of $50,000. Any and 00/100 Dollars all interest earned on the security deposit will be the property of the District and will not be returned to the Grantee. ($0,000.00A) (If the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee Grantee fails to perform any of the terms, provisions and conditions of its obligations under this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned District shall, except for the case of emergency, give written Notice to Lessee the Grantee specifying the manner in which the Grantee has failed to so perform. If such failure has not been corrected within thirty (30) days after Lessee such Notice or if such work has vacated not been commenced to cause such cure within such period and surrendered thereafter diligently pursued to completion, the Leased District may enter upon the Premises in accordance with the terms hereof, so long and perform such work as no Event of Default by Lessee shall then may be existing under the terms of this Lease Agreementnecessary to correct such failure. In the event of a sale an emergency, the definition and determination of which shall be within the sole discretion of the Building District, the District may cause persons to enter upon the Premises to exercise and perform such work as necessary to correct such failure of the Grantee. By reason of its performance of such work, the District shall not be liable or responsible to the ProjectGrantee or any person, Lessor firm or corporation claiming through the Grantee for any losses or damage thereby sustained by the Grantee or any one claiming by or under the Grantee, except for the District's wanton or willful conduct. The Grantee shall be liable for the cost of such work and shall promptly reimburse the District for such costs together with interest at the prime rate established by the published prime rate of interest published in The Wall Street Journal (as of the date hereof such rate is found in the Money Rate Section),(hereinafter referred to as "Prime Rate") plus two percent (2%) calculated from the date of expenditure until repayment. If the Grantee fail to reimburse the District within thirty (30) days after receipt of a Notice including a statement for such work from the District, then said indebtedness shall constitute a lien against the title to the Dome and the District shall have the right option to transfer draw upon the Security Deposit Financial Guarantee and reimburse itself the full amount of its costs in performing said work. (B) This Financial Guarantee shall consist of one of the following: (1) A cash deposit in the amount of $50,000; or (2) A Letter of Credit (substantially in the form of Exhibit C hereto) issued by a bank having assets at least equivalent to those of a bank pre-approved by the purchaserPark District of Highland Park Executive Director, and Lessor shall thereupon be released from all liability for in the return amount of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent$50,000.

Appears in 1 contract

Sources: Agreement for Recreational Services

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee’s obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwiseLease. In the event that Lessee shall comply with all of the termsa bona fide sale, covenants and conditions of subject to this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectLease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event of the entry of a judgment in any court against Lessee which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require (unless otherwise prohibited by law) the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor’s commercial reasonable judgment would be sufficient to adequately assure Lessee’s performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor’s written demand or to provide other reasonable assurances to Lessor of Lessee’s ability to perform all of its obligations under this Lease within ten (10) days after Lessor’s written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with the execution of this Lease Agreement a sum zero on January 2, 1997, One ---------------- Hundred Forty-one Thousand Two Hundred Ninety and 00/100 Dollars No/100 dollars ($0,000.00) (the “Security Deposit”) 141,290.00). Said sum shall be held by Lessor as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementto be kept and performed by Lessee during the entire Term hereof. If Lessee defaults with respect to any provision of this Lease, including, but not limited to, the Security Deposit provisions relating to the payment of Rent or other charges pr sums due under this Lease, Lessor may (but shall not be required to) use, apply or retain all or any part of the security deposit for the payment of any Rent or other charges or sums due under this Lease or any sum in default, or for the payment of any amount which Lessor may spend or become obligated to spend by reason of Lessee's default, or to compensate Lessor for any other loss, damage, cost or expense (including attorneys' fees) which Lessor may suffer or incur by reason of Lessee's default. If any portion of said security deposit is so used or applied, Lessee shall, within five (5) days after written demand therefor, deposit a certified or cashier's check with Lessor in an amount sufficient to restore the security deposit to its original amount and Lessee's failure to do so shall be a default under this Lease. Lessor shall not be required to keep the security deposit separate from its general funds and Lessee shall not be entitled to interest on such deposit. If Lessee shall fully and faithfully perform every provision of this Lease to be performed by it, the security deposit or any balance thereof after deduction hereunder by Lessor shall be returned to Lessee (or, at Lessor's option, to the last assignee of Lessee's interest hereunder) within thirty (30) days after Lessee has vacated and surrendered following expiration of the Leased Premises Lease Term; provided, that in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of event this Lease Agreementshall be terminated upon the default of the Lessee, the security deposit shall be retained by Lessor and all of Lessee's interest therein shall terminate and the security deposit will be applied against the damages suffered by Lessor by reason of the Lessee's default. In the event of a sale termination of the Building or the ProjectLessor's interest in this lease, Lessor shall have the right transfer said deposit to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times Lessor's successor in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentinterest.

Appears in 1 contract

Sources: Industrial Lease (Homegrocer Com Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with Upon the execution of this Lease Agreement a by Tenant, Tenant shall deposit with Landlord the sum zero and 00/100 Dollars of $7,234.50 ($0,000.00) (the “Security Deposit”) as security for to secure the full and faithful performance by Lessee Tenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default to be performed or kept by Lessee Tenant under this Lease Agreement, Lease. If Tenant shall at any time fail to make any payment or if Lessee fails fail to keep or perform any term, covenant and condition on its part to be made or performed or kept under this Lease, including, without limitation, payment of Rent, maintenance of the termsPremises in good repair, provisions and conditions of surrendering the Premises in a clean condition, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation under this Lease AgreementLease, Lessor may and without waiving its right to treat such failure as a default hereof, use, apply, apply or retain the whole or any part of the Security Deposit so deposited for the payment reasonably necessary to remedy such failure of any sum due Lessor or which Lessor may expend or be required Tenant. In such event, Tenant shall within five days of written demand by Landlord, remit to expend by reason of the Lessee’s Event of Default or failure Landlord sufficient funds to perform including, but restore said Security Deposit to its original sum. Landlord is not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part a trustee of the Security Deposit and may commingle it, use it in ordinary business, transfer or assign it, or use it in any combination of those ways. No interests shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have accrue on the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseSecurity Deposit. In the event that Lessee shall Should Tenant comply with all of the said terms, covenants and conditions and timely pay all amounts due hereunder as the same become due, and at the end of the term of this Lease Agreementleave the Premises in the condition required by the terms of this Lease, the then said Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered Tenant following the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms termination of this Lease Agreement. In the event of a sale and vacancy of the Building or Premises by Tenant. At all times the ProjectSecurity Deposit shall be equal to the Monthly Installment due. When the Monthly Installment is increased, Lessor the Tenant shall have the right to transfer immediately increase the Security Deposit to equal the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentMonthly Installment.

Appears in 1 contract

Sources: Lease Agreement (Broadvision Inc)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the Security Deposit”) Deposit as security defined on the Reference Page for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of said deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the Security Deposit amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLease. In the event of a sale of the Building or the Projectbona fide sale, subject to this Lease, Lessor shall have the right to transfer the Security Deposit to the purchaser, vendee and Lessor shall thereupon be considered released by Lessee from all liability for the return of such Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the said Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to a new lessor. If The Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Section 17), shall be returned to Lessee after the expiration or sooner termination of this Lease without the fault of the Lessee and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee or in the event of the entry of a judgment declaring Lessee insolvent or bankrupt in any court which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then and in such event Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in the amount specified in Subsection 8(E) (hereinafter called the "Additional Security Deposit") to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Additional Security Deposit shall, pursuant thereto within ten (10) days after Lessor's written demand shall constitute a default by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Lease Agreement (Goamerica Inc)

Security Deposit. Lessee shall pay Insert the following paragraphs at the end of Article 23: In order to Lessor simultaneously with secure the faithful performance by Tenant of all of the covenants, conditions and agreements set forth in this Lease to be performed by it including, without limitation, such covenants, conditions and agreements in this Lease which become applicable upon its termination by re-entry or otherwise, Tenant may, upon the full execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) or at any time thereafter during the Term of this Lease, deposit with Landlord an irrevocable letter of credit (the "Letter of Credit") in the form attached hereto and incorporated herein as EXHIBIT F (and modifications thereto as required below), in lieu of the Security Deposit, from such bank which may be reasonably acceptable to Landlord on the understanding: (1) as security for that the full Letter of Credit will have an expiration date which is two months following the Expiration Date of the Lease and faithful performance by Lessee the Letter of each and every term, covenant and condition Credit will be in the amount of this Lease Agreement. Upon an Event not less than $220,000.00; (2) that upon the occurrence of Default by Lessee a default under this Lease Agreementwhich continues beyond any applicable cure period, if any, the Letter of Credit may be drawn upon by Landlord in its full amount, and the amount drawn may be applied to the curing of any default under this Lease that may exist without prejudice to any other remedy or if Lessee fails remedies which the Landlord may have on account thereof, with any excess cash amount held as a Security Deposit hereunder, and upon such application Tenant shall pay to perform any Landlord on demand the amount so applied which shall be held together with the balance of the terms, provisions and conditions funds drawn on the Letter of Credit as a Security Deposit. If a subsequent default under this Lease Agreementshould occur, Lessor the Security Deposit may usebe applied to the curing of such default, applywithout prejudice to any other remedy or remedies which the Landlord may have on account thereof and upon such application, or retain Tenant shall pay to Landlord on demand the whole or amount so applied in order to replenish the Security Deposit to the amount held prior to the occurrence of any part default under this Lease; (3) that should a default under this Lease occur and the Letter of Credit be drawn upon, Tenant will only be entitled to a return of the Security Deposit so upon the fulfillment (by performance or by the curing of any failure to perform) of all of the covenants and agreements contained in this Lease on the part of Tenant to be performed. Tenant further covenants that it will not assign or encumber the Letter of Credit or the money deposited herein as a Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignments or attempted encumbrance. Notwithstanding anything contained herein to the contrary, Landlord shall return any remaining balance of the Security Deposit to Tenant, without interest, within five (5) business days following the sixtieth (60th) day after the expiration or earlier termination of the Term, provided there exists no uncured default by Tenant under the Lease as of the sixtieth (60th) day after the expiration of the Term; (4) that should the Premises or the property of which they are a part be conveyed by Landlord, the Letter of Credit and the Security Deposit or any balance thereof may be turned over or assigned to the Landlord's grantee, and if the same be turned over as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to the Letter of Credit or the Security Deposit and their application or return, and Tenant agrees to look solely to such grantee for such application or return; if Landlord fails to turn over the Letter of Credit, the Security Deposit or any balance thereof to Landlord's grantee, then Landlord shall remain liable to Tenant for the return thereof. Should the bank issuing the Letter of Credit require the payment of any sum due Lessor or which Lessor may expend or be required a fee to expend by reason allow the assignments of the Lessee’s Event Letter of Default Credit to the party to whom the Premises or failure the property of which they are a part, then Tenant agrees to perform including, but pay such fee; and (5) that Landlord may commingle any cash held as a Security Deposit with other funds and shall not limited to, be obligated to pay Tenant any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the interest. The Security Deposit shall not be considered as advance payment of rent or be deemed to be an election a measure of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue damages for any and all other remedies available to it default under the terms of this Lease Agreement or otherwiseby Tenant, nor shall it be a bar to defense of any actions by Landlord against Tenant. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned Tenant elects to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises exercise its rights in accordance with this Article to substitute the terms hereofLetter of Credit for the Security Deposit, so long as no Event of Default by Lessee Landlord shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer return the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, Tenant within ten (10) days after demand by Lessor, be increased of receipt of the Letter of Credit in form and substance acceptable to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLandlord.

Appears in 1 contract

Sources: Office Lease (Authoriszor Inc)

Security Deposit. Concurrent with the Commencement Date, Lessee shall pay to deposit with Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars equal to three ($0,000.003) monthly installments of Rent (the “Security Deposit”) which shall be held by Lessor as security for the full and faithful performance by Lessee of each and every term, provision, covenant and condition of this Lease AgreementLease. Upon Lessee may satisfy the Security Deposit obligation in whole or in part by providing an Event irrevocable, unconditional letter of Default credit issued by a national bank or financial institution reasonably acceptable to Lessor naming Lessor as beneficiary (the “Letter of Credit”). The Letter of Credit, if any, meeting the requirements of this Section 4.3 shall be maintained in full force and effect by Lessee under for the benefit of Lessor for the full Term of this Lease AgreementLease. Within thirty (30) days prior to any expiration of the Letter of Credit, or if Lessee fails shall cause the same to perform be renewed and shall deliver the renewed Letter of Credit to Lessor. If Lessee defaults in respect of any of the terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including, but not limited to, payment of any Rent and other sums of money payable by Lessee, Lessor may may, but shall not be required to, in addition to and not in lieu of any other rights and remedies available to Lessor use, apply, apply or retain the whole or any part of the Security Deposit so deposited for to the payment of any sum due Lessor in default, or any other sum, including but not limited to, any damages or deficiency in reletting the Leased Property, which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform includingdefault. Whenever, but not limited toand as often as, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of has used the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damagescure Lessee’s default hereunder, it being expressly understood and agreed thatLessee shall, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance Notice from Lessor, deposit additional money (or additional or substitute Letter of Credit) with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right sufficient to transfer restore the Security Deposit to the purchaserfull amount originally paid. Upon delivery of a substitute Letter of Credit to Lessor, and Lessor shall thereupon be released from all liability return the existing Letter of Credit to Lessee for cancellation. In the return event there exists no uncured Event of such Security Deposit. Default on the part of Lessee shall look solely to hereunder at the new landlord for time, the return full amount of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10or the original of the Letter of Credit) days after demand by Lessor, then on deposit with Lessor shall be increased returned to an amount equal to Lessee promptly upon the greater expiration or earlier termination of (i) three (3) times the aforesaid amount or (ii) three (3) months rentthis Lease.

Appears in 1 contract

Sources: Lease Agreement (With Option to Purchase) (Advocat Inc)

Security Deposit. The Lessee shall pay to Lessor simultaneously has deposited with the execution Lessor the sum of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 7,104.17 as security for the full and faithful performance by Lessee of each and every term, covenant and condition the terms of this Lease AgreementLease. Upon an Event of Default by In the event that the Lessee under this Lease Agreement, or if Lessee fails defaults in respect to perform any of the terms, provisions provisions, covenants and conditions of this Lease AgreementLease, including but not limited to payment of any Basic Rental due under Article 5 or any Additional Rental due under Article 20, the Lessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited for the payment of any sum due Lessor such rentals in default or for any other sum, which the Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform 's default, including, but not limited to, any damages or deficiency deficiencies in the reletting re-letting of the Leased Demised Premises, provided, however, that any whether such use, application damages or retention deficiencies accrued before or after summary proceedings or other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that the Lessee shall comply with all of the terms, covenants and conditions terms of this Lease AgreementLease, the Security Deposit security shall be returned to the Lessee within thirty (30) days after Lessee has vacated the date fixed as the end of the Lease and surrendered after the Leased surrender of the Demised Premises in accordance with to the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLessor. In the event of a sale sale, or lease of the Building or of which the ProjectDemised Premises are a part, the Lessor shall have the right to transfer the Security Deposit security to the purchaser, vendee or other successor in interest to the interest of the Lessor and the Lessor shall thereupon be released from all liability for the return of such Security Depositsecurity. The Lessee shall look solely to the new landlord Lessor for the return of such Security Depositsecurity. If Lessee shall fail not assign or encumber the money deposited as security and neither the Lessor nor its successors or assigns shall be bound by any such assignment or encumbrance. No holder of a superior mortgage to pay Rent or other sums when due under which this Lease Agreement more than three (3) times is subordinate shall be responsible in connection with the security deposit hereunder, by way of credit or payment of any twelve (12) month periodrentals or otherwise, irrespective unless such holder of whether or not such delinquencies a superior mortgage actually shall have been cured, then received the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentsecurity deposited hereunder.

Appears in 1 contract

Sources: Lease Agreement (Ibs Interactive Inc)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwiseLease. In the event that Lessee shall comply with all of the termsa bona fide sale, covenants and conditions of subject to this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectLease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. Lessee shall ; and lessee agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, or in the event of the entry of a judgement in any court against Lessee which is not discharged within thirty (30) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Lease (Purchasesoft Inc)

Security Deposit. Lessee Upon execution hereof, Sublessee shall pay to Lessor simultaneously deposit with Sublessor (i) a cash security deposit (the execution "Cash Deposit") in the amount of this Lease Agreement the Security Deposit described in the Defined Terms, and (ii) the original copy of a sum zero clean, irrevocable and 00/100 unconditional letter of credit (the "Letter of Credit") in the amount of One Hundred Thousand Dollars ($0,000.00100,000) issued by a financial institution, and subject only to terms, acceptable to Sublessor. (Notwithstanding the “Security Deposit”foregoing, Sublessor agrees to review the requirement and amount required under the Letter of Credit every six (6) as security months during the Term of this Sublease. In so doing, Sublessor will review Sublessee's financial situation, cash position and cash burn rate compared to the remaining financial obligations of Sublessee for the full remainder of the Term in order to determine if it is appropriate, in Sublessor' sole discretion, to reduce the amount of the Letter of Credit. To the extent that Sublessor decides to reduce the amount of the Letter of Credit, Sublessee will renew or extend the Letter of Credit for the agreed upon amount, and faithful performance by Lessee provide Sublessor with written notice thereof within five (5) business days.) The Letter of each and every term, covenant and condition Credit shall provide for its payment to Sublessor upon its presentation of this Lease Agreement. Upon a statement from Sublessor that an Event of Default by Lessee under this Lease Agreement, Sublessee exists hereunder. Upon the failure of Sublessee to deliver a replacement letter of credit (or if Lessee fails to perform any an extension of the terms, provisions and conditions existing Letter of this Lease Agreement, Lessor may use, apply, Credit) on or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within before thirty (30) days after Lessee has vacated prior to any maturity date of any such Letter of Credit, Sublessor may draw upon the same and surrendered thereafter treat such cash as a portion of the Leased Premises Security Deposit. (The Cash Deposit and Letter of Credit are hereinafter collectively referred to as the "Security Deposit.") The Security Deposit shall secure Sublessee's obligations under this Sublease to pay Base Rent and other monetary amounts, to maintain the Sublet Space and repair damages thereto, to surrender the Sublet Space to Sublessor in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms clean condition and repair upon termination of this Lease AgreementSublease and to discharge Sublessee's other obligations hereunder. In the event of a sale Sublessor may use and commingle any cash portion of the Building Security Deposit with other funds of Sublessor. If Sublessee fails to perform Sublessee's obligations hereunder, Sublessor may, but without any obligation to do so, apply all or any portion of the ProjectSecurity Deposit towards fulfillment of Sublessee's unperformed obligations. If Sublessor does so apply any portion of the Security Deposit, Lessor shall have the right Sublessee's failure to transfer remit to Sublessor a sufficient amount in cash to restore the Security Deposit to the purchaseroriginal amount or, and Lessor shall thereupon be released from all liability for in the return case of a partial draw by Sublessor under the Letter of Credit, the failure of Sublessee to replace such Security Deposit. Lessee shall look solely to Letter of Credit with an new Letter of Credit in the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three full original amount within five (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (105) days after receipt of Sublessor's written demand by Lessor, be increased to do so shall constitute an amount equal to the greater Event of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.Default. Upon termination of

Appears in 1 contract

Sources: Sublease Agreement (Nvidia Corp/Ca)

Security Deposit. Lessee shall pay to Lessor simultaneously Simultaneously with the execution hereof, Lessee shall deposit with Lessor a promissory note in the amount of this Lease Agreement a sum zero and 00/100 Dollars TWENTY-FIVE THOUSAND DOLLARS ($0,000.0025,000.00) (the “Security Deposit”) delivered to Lessor as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreementon the part of Lessee to he observed and performed. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform If any of the termsrents and additional rents herein reserved shall be overdue and unpaid, provisions then Lessor may, at its option and conditions of this Lease Agreement, without prejudice to any other remedy which Lessor may usehave on account thereof, apply, or retain make demand upon such security deposit in the whole or any part of the Security Deposit so deposited amount necessary to compensate Lessor for the payment of the rents or other sums due from Lessee, or towards any sum due Lessor loss, damage or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention expense sustained by Lessor of resulting from such default on the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood Lessee; and agreed that, notwithstanding in such use, application or retention, event Lessor shall have forthwith upon demand restore said security deposit to the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseoriginal amount required hereunder. In the event that Lessee shall fully and faithfully comply with all of the terms, covenants and conditions of this Lease Agreementthe Lease, the Security Deposit said security deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered following the Leased Premises termination hereof in accordance with the terms all provisions hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event any bankruptcy, insolvency, reorganization or other creditor-debtor proceedings shall be instituted by or against Lessee, or any guarantor hereunder, such security deposit shall be drawn upon as proceeds applied first to the payment of a sale any rent and/or other charges due Lessor for all periods prior to the institution of such proceedings, and the Building balance, if any, may be retained by Lessor in partial liquidation of Lessor's damages. Lessor may deliver the security deposited by Lessee hereunder to the purchaser of Lessor's interest in the Demised Premises in the event that such interest is sold or the Project, transferred and thereupon Lessor shall have the right to transfer the Security Deposit to the purchaser, be discharged and Lessor shall thereupon be released from all further liability for with respect to such deposit or the return of such Security Deposit. Lessee shall look solely thereof to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Net Lease Agreement (Prestige Cosmetics Corp)

Security Deposit. In lieu of a cash security deposit, Lessee shall pay to provide Lessor simultaneously with upon the execution and delivery of this Lease Agreement a sum zero security deposit in the form of an unconditional and 00/100 Dollars irrevocable letter of credit in the form of Exhibit “A”, issued by a bank selected by Lessee and issued on behalf of Lessee in favor of Lessor in an amount equal to three ($0,000.003) months of the Fixed Annual Rent then in effect (such letter of credit and any extension or replacement thereof being herein referred to as the “Security DepositLetter of Credit”) as security for the full and faithful performance and observance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease. Lessor has accepted [***]199 as the initial issuer of the Letter of Credit. Any reasonable costs of Lessor incurred in order to draw on the Letter of Credit shall be deemed additional rent hereunder. [***]200. Any and all fees or costs charged by the issuer in connection with the Letter of Credit shall be paid by Lessee. Lessor shall have the right to draw upon the Letter of Credit in any of the following circumstances: (i) following the Termination Date (if Lessee has not exercised Lessee’s Restoration Right), (ii) if an Event of Default has occurred and Lessee is a debtor under any bankruptcy or insolvency proceeding and Lessor is prohibited by applicable bankruptcy or insolvency law from sending notice to Lessee of such event, regardless of whether such notice is required, (iii) [***]201 or (iv) if Lessee fails to provide Lessor with any renewal or replacement Letter of Credit complying with the terms of this Lease Agreementat least thirty (30) days prior to expiration of the then-current Letter of Credit, where the issuer of such Letter of Credit has advised Lessor of its intention not to renew the Letter of Credit if the Letter of Credit is an “evergreen” letter of credit (to the extent an evergreen Letter of Credit was obtainable), or where the Letter of Credit by its terms will expire within thirty (30) days if the Letter of Credit is not an “evergreen” letter of credit. Lessor may use, apply, or retain draw on the whole or any part Letter of the Security Deposit so deposited Credit for the payment of any sum due Lessor or which Lessor may expend or may be required to expend by reason of the Lessee’s Event default in respect of Default or failure to perform includingany of the terms, covenants and conditions of this Lease, including but not limited to, any damages or deficiency in the reletting re-letting of the Leased Premises, providedwhether such damages or deficiency accrued before or after summary proceedings or other re-entry by Lessor. If the Letter of Credit is drawn upon 199 [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, howeveras amended. 200 [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. 201 [***] Indicates material that any has been omitted and for which confidential treatment has been requested. All such useomitted material has been filed with the U.S. Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, application as amended. due solely to the circumstances described in the foregoing clauses (iii) or retention (vi), the amount drawn shall be held by Lessor as a security deposit to be otherwise retained, expended or disbursed by Lessor for any amounts or sums due under this Lease to which the proceeds of the whole or any part Letter of the Security Deposit shall not be or be deemed Credit could have been applied pursuant to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit any amounts not so applied shall be returned to Lessee within thirty (30) days after when Lessor is obligated to return the same to Lessee has vacated under this Lease. If Lessor elects to draw all or any amount of the Letter of Credit as permitted herein, Lessee expressly waives any right it might otherwise have to prevent Lessor from drawing on the Letter of Credit and surrendered the Leased Premises agrees that an action for damages and not injunctive or other equitable relief shall be Lessee’s sole remedy in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right Lessee disputes Lessor’s claim to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of any such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentamounts.

Appears in 1 contract

Sources: Transaction Agreement (Getty Realty Corp /Md/)

Security Deposit. Lessee Prior to the beginning of the Lease Term, the Tenant shall pay to Lessor simultaneously with deposit the execution sum of this Lease Agreement a sum zero $One Thousand Seven Hundred Twenty Five and 00/100 Dollars ($0,000.00) 1,725.00), (the “"Security Deposit") with the Landlord, which is to be held by Managing Agent PPMI, as a security for deposit to ensure full compliance by the full and faithful performance by Lessee Tenant of each and every term, covenant and condition all provisions of this Lease Agreement. Upon an Event of Default Lease, including but not limited to Tenant obligations with respect to damages caused by Lessee under this Lease Agreementthe Tenant, or if Lessee guests, and/or pets. A. If the Tenant fails to perform comply with any of the terms, provisions and conditions of this Lease AgreementLease, Lessor the Landlord may use, apply, apply or retain the whole all or any part of the Security Deposit so deposited for the payment of the following: rent, additional rent, additional charges and administrative fees set forth in the Lease, damages or any sum due Lessor or which Lessor amount the Landlord may expend or be required to expend by reason of noncompliance by the Lessee’s Event Tenant with the terms of Default or failure to perform includingthe Lease, but not limited to, including any damages or deficiency in the reletting of the Leased PremisesPremises (including any real estate agent commission(s) and or broker's fee(s)), provided, however, that whether accruing before or after reentry by the Landlord and ▇▇▇▇▇▇▇▇'s reasonable attorney's fees incurred as a result of ▇▇▇▇▇▇'s breach. B. Tenant shall be liable to the Landlord for any such use, application damage to the Premises beyond normal wear and tear resulting from the negligence or retention by Lessor wrongful act of the whole Tenant or others on the Premises with ▇▇▇▇▇▇'s permission. The parties agree that smoke damages and odor caused by ▇▇▇▇▇▇’s use of tobacco products and improper use of any fireplace on the Premises shall be considered damages beyond normal wear and tear resulting from the negligence or wrongful act of the Tenant or others on the Premises with ▇▇▇▇▇▇’s permission. The parties further agree that odors caused by ▇▇▇▇▇▇’s keeping of any pets, whether with the consent of Landlord or not, shall be considered damages beyond normal wear and tear resulting from the negligence or wrongful act of the Tenant or others on the Premises with ▇▇▇▇▇▇’s permission. C. After Tenant has faithfully performed all obligations under the Lease, paid all rent and other charges, returned all keys and documents, provided Landlord in writing with a forwarding address, and surrendered the Premises in the same condition as at the beginning of the Lease Term, except for reasonable wear and tear, said Security Deposit shall be returned to Tenant within forty- five (45) days subject to the foregoing. In the event of more than one Tenant entering into this Lease, any refund of any portion of the Security Deposit due hereunder may be made by one check jointly payable to all Tenants named on this Lease. A minimum of one hundred dollars ($100) may be withheld at time of vacation of the Premises for payment toward any unpaid utility bills unless written evidence of payment of final utility bills is presented to Landlord prior to the release of any security deposit herein. The parties expressly agree that Tenant shall be responsible for presenting to Landlord proof of payment of final water bill relating to the Premises. D. It is expressly understood that ▇▇▇▇▇▇▇▇’s application of the Security Deposit or additional deposit shall not be Landlord’s sole remedy in the event of Tenant’s default. SHOULD THE COSTS OF REPAIRS, REPLACEMENTS, AND/OR LANDLORD’S OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO THOSE SET FORTH IN PARAGRAPH #38 HEREIN) EXCEED THE SECURITY AND ADDITIONAL DEPOSITS, TENANT SHALL PAY FOR SUCH EXCESS COSTS. NO PART OF THE SECURITY DEPOSIT SHALL BE APPLIED BY TENANT AS PAYMENT OF ANY PART OF THE RENT OR OTHER OBLIGATIONS DUE HEREUNDER. Tenant shall pay rent required each month as if no Security Deposit were ever made. E. If during the Lease Term, including any extension, renewal or holdover, any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor and/or the additional deposit shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises been utilized by Landlord in accordance with the terms hereofherein or applicable law; Tenant shall, upon demand, immediately deposit with Landlord a sum equal to the amount so applied by Landlord, so long as no Event of Default by Lessee Landlord shall then be existing under have the terms of this full Security Deposit and/or the additional deposit on hand at all times during the Lease AgreementTerm. SAMPLE F. In the event of a sale sale, transfer, or assignment, by Landlord of his interest in the Building Premises or the Projectthis Lease Landlord shall notify Tenant of such sale, Lessor shall have the right to transfer the Security Deposit to the purchaseror assignment, and Lessor Landlord and Managing Agent shall thereupon be released from all liability for with respect to the return of such Security Deposit. Lessee Deposit and any additional deposits and Tenant shall look solely to the new landlord for the return of the security deposit/additional deposit. G. In the event of a change of management as provided for by paragraph #9, the Landlord and/or former managing agent shall notify Tenant of such Security Deposit. If Lessee change and management, and PPMI shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then transfer the Security Deposit shall, within ten (10) days after demand by Lessor, to Landlord. PPMI shall be increased to an amount equal released from all liability with respect to the greater Security Deposit and any additional deposits and Tenant shall look solely to Landlord for the return of (i) three (3) times the aforesaid amount or (ii) three (3) months rentSecurity Deposit and any additional deposits.

Appears in 1 contract

Sources: Residential Lease Agreement

Security Deposit. Lessee shall pay to Lessor simultaneously Section 30.1 If, after the date hereof, any entity shall, as described in Section 12.9(B) or 12.13(B) or elsewhere in Article 12 hereof, deposit with the execution of this Lease Agreement Landlord a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) of money as security for the full and faithful performance and due observance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any Tenant of the terms, covenants, agreements, provisions and conditions of this Lease Agreement(the "Security Deposit"), Lessor it is agreed that if an Event of Default shall occur under this Lease, including, but not limited to, the payment of Fixed Rent and Additional Rent, Landlord may use, apply, apply or retain the whole or any part of the Security Deposit so deposited to the extent required for the payment of any Fixed Rent and Additional Rent or any other sum due Lessor as to which Tenant is in default, hereunder, or for any sum which Lessor Landlord may expend or may be required to expend by reason of the Lessee’s such Event of Default or failure to perform Default, including, but not limited to, any damages or deficiency in the reletting re-letting of the Leased Premises, provided, however, that any whether such use, application damages or retention deficiency accrued before or after summary proceedings or other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. Landlord. Section 30.2 In the event that Lessee Tenant shall fully and faithfully comply with all of the terms, covenants provisions, covenants, agreements and conditions of this Lease AgreementLease, the Security Deposit shall be returned to Lessee such entity after the Expiration Date and after delivery of entire possession of the Premises to Landlord in the manner and within thirty (30) days after Lessee has vacated and surrendered the Leased Premises time period set forth in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms Article 1 of this Lease Agreement. Lease. Section 30.3 In the event of a sale of the Building Property and/or the Building, or the Projectleasing of the Property and/or the Building, Lessor respectively, as the case may be, Landlord shall have the right to transfer the then amount of the Security Deposit to the purchaservendee or lessee in question, and Lessor Landlord shall thereupon be released by Tenant from all liability for the return of such Security Deposit. Lessee shall Tenant agrees to look solely to the new landlord Landlord for the return of such the Security Deposit. If Lessee ; it being agreed and understood that the provisions hereof shall fail apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shallto a new Landlord hereunder. Section 30.4 Tenant covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit, within ten (10) days after demand and that neither Landlord, nor its successors or assigns, shall be bound by Lessorany such assignment, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount encumbrance, attempted assignment or (ii) three (3) months rentattempted encumbrance.

Appears in 1 contract

Sources: Lease Agreement (Paine Webber Group Inc)

Security Deposit. Lessee shall pay provide Lessor with a security deposit in the aggregate amount of USD$ 139,000 (the "SECURITY DEPOSIT") to Lessor simultaneously with be paid as set forth herein as security for the timely and faithful performance by Lessee of all of Lessee's obligations under this Lease. Prior to the execution of this Lease Agreement Agreement, Lessee shall have provided to Lessor a sum zero good faith cash deposit in the amount of USD$ 50,000. Upon the execution and 00/100 Dollars ($0,000.00) (delivery by Lessor and Lessee of this Agreement, Lessee shall provide to Lessor an additional cash deposit of USD$ 89,000. Lessee hereby creates and grants to Lessor and to ING a lien on and security interest in all monies, securities, accounts, and investments from time to time comprising the Security Deposit”) , as security for the full and faithful timely payment and performance of its obligations hereunder and under the other Lease Documents and the Other Leases. Lessee agrees to execute and file with the appropriate governmental entities any and all documents necessary or reasonably requested by Lessee Lessor to evidence and perfect such security assignment in favor of each and every term, covenant and condition of this Lease AgreementLessor. Upon an Event of Default by Lessee under this Lease Agreement, or if If Lessee fails to pay Rent hereunder when due or to pay any other sums due or to perform any of the terms, other terms and provisions and conditions of this Lease, any other Lease AgreementDocument or any Other Lease, or is otherwise in default hereunder or thereunder, in addition to all other rights Lessor or ING shall have hereunder or under applicable law, Lessor or ING may use, apply, apply or retain the whole or all of any part portion of the Security Deposit so deposited in partial payment for the payment sums due to Lessor or ING by Lessee, to compensate Lessor or ING for any sums it may in its discretion advance as a result of a default by Lessee or to apply toward losses or expenses Lessor or ING may suffer or incur as a result of Lessee's default hereunder or otherwise in satisfaction of Lessee's obligations. If Lessor or ING uses or applies all of any sum due Lessor or which Lessor may expend or be required to expend by reason portion of the Lessee’s Event of Default or failure to perform includingsuch Security Deposit, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election a cure of remedies by Lessor or viewed as liquidated damagesany Defaults, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty five (305) days after Lessee has vacated and surrendered the Leased Premises written demand therefor provide ING with an additional cash deposit in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right an amount sufficient to transfer restore the Security Deposit to the purchaserUSD$ 139,000 and otherwise issued on such terms as are approved by Lessor and failure of Lessee to do so shall be a material breach of this Lease by Lessee. Provided no Default shall have occurred, and Lessor shall thereupon be released from all liability for the return of such Security Deposit, less only those costs directly incurred by Lessor in connection with the termination of the Lease or return of the Aircraft, which cost by the terms hereof are the obligation of Lessee or for the account of Lessee, shall be terminated and released by Lessor upon Lessee's return of the Aircraft at the end of the Lease Term in compliance with Clause 15 hereof. Lessee shall look solely not be entitled to the new landlord for the return of such any interest earned on any Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 1 contract

Sources: Lease Agreement (Pan Am Corp /Fl/)

Security Deposit. Lessee shall pay to Lessor simultaneously ▇. ▇▇▇▇▇▇, contemporaneously with the execution of this Lease Agreement a Lease, shall deposit with the landlord the sum zero of $ -0- , receipt of which is hereby acknowledged by the Landlord of which $ -0- is first and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as last months' rental deposit and $ -0- is security for the full and faithful performance by Lessee the Tenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions covenants, and conditions of this Lease Agreementupon the Tenant's part to be performed, Lessor may use, apply, or retain which said security deposit shall be returned by the whole or any part Tenant after the time fixed as the expiration of the Security Deposit so deposited for term hereof, provided the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood Tenant has fully and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with faithfully carried out all of the said terms, covenants and conditions on Tenant's part to be performed. Landlord shall have the right, but not the obligation, to apply any part of said deposit to cure any default of the Tenant, and without prejudice to any other remedy Landlord may have on account thereof, and, if the Landlord does so, Tenant shall, upon demand, deposit with Landlord the amount so applied so that the Landlord shall have the full deposit on hand at all times during the term of this Lease. ▇▇▇▇▇▇'s failure to pay to Landlord a sufficient amount to restore said security to the original sum deposit within five (5) days after receipt of demand therefor shall constitute a breach of this Lease. No interest shall be paid by the Landlord to the Tenant on such security deposit. Should Tenant comply with all of said terms, covenants and conditions and promptly pay all of the rental herein provided for as it falls due and all other sums payable by the Tenant to the Landlord hereunder, the said deposit shall be returned in full to the Tenant within fifteen (15) days after the end of the term of this Lease Agreementor earlier termination of this Lease. B. In the event of bankruptcy or other creditor or debtor proceedings against the Tenant, the Security Deposit all security shall be returned deemed to Lessee within thirty (30) days after Lessee has vacated be applied first to the payment of rent and surrendered other charges due Landlord for all periods prior to the Leased Premises in accordance with the terms hereof, so long as no Event filing of Default by Lessee shall then be existing under the terms of this Lease Agreement. such proceedings. C. In the event of a sale of the Building or a lease of the Projectland on which it stands, Lessor subject to this Lease, the Landlord shall have the right to transfer the Security Deposit security to the purchaser, vendee or lessee and Lessor the Landlord shall thereupon be considered released by the Tenant from all liability for the return of such Security Deposit. Lessee security and the Tenant shall look solely to the new landlord solely for the return of such Security Depositthe said security and it is agreed that this shall apply to every transfer or assignment made of the security to a new landlord. If Lessee shall fail to pay Rent or other sums when due The security deposited under this Lease Agreement more than three (3) times in any twelve (12) month periodshall not be mortgaged, irrespective assigned, transferred, or encumbered by the Tenant without the prior written consent of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, Landlord and may be increased to an amount equal to the greater co-mingled with other funds of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLandlord.

Appears in 1 contract

Sources: Commercial Lease Modification (Admiralty Bancorp Inc)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a the sum zero of Three Hundred Thousand and 00/100 Dollars 00/100ths ($0,000.00300,000.00) (the “Security Deposit”) Dollars as security for the performance of Lessee's obligations under this Lease, including without limitation, the surrender of possession of the Premises to Lessor as herein provided. The Security Deposit may be posted by way of a clean irrevocable and unconditional letter of credit (the "LC") issued by a banking institution reasonably acceptable to Lessor and providing that Lessor is the sole beneficiary. The LC shall have an initial duration of not less than one (1) year. In the event Lessee shall fail to deliver to Lessor a renewal of the LC at least fifteen (15) days prior to the expiration date, upon two (2) days notice (which may be by telecopier) Lessor may draw down upon the LC. If Lessor applies any part of said deposit to cure any default of Lessee (after the expiration of any applicable cure periods), Lessee shall on demand deposit with Lessor the amount so applied so that Lessor will have the full and faithful performance by Lessee of each and every term, covenant and condition deposit on hand at all times during the term of this Lease AgreementLease. Upon an Event of Default by Lessee under this Lease AgreementLessor, or if Lessee fails in the event that the Demised Premises are sold, shall transfer and deliver the security, as such, to perform any the purchaser of the termsDemised Premises and shall notify Lessee thereof, provisions and conditions thereupon Lessor shall be discharged from any further liability in reference thereto. Provided Lessee is not otherwise in default hereunder, at the expiration of this the first (1st) year following the Lease AgreementCommencement Date, Lessor shall return to Lessee the sum of One Hundred Fifty Thousand and 00/100ths ($150,000.00) Dollars (or the renewal LC may usebe reduced accordingly). Provided Lessee is not otherwise in default hereunder, applyat the expiration of the second (2nd) year following the Lease Commencement Date, Lessor shall return to Lessee the sum of Eighty-Eight Thousand and 00/100ths ($88,000.00) Dollars (or retain the whole or any part renewal LC may be reduced accordingly). Provided Lessee is not in default hereunder at the expiration of the Lease Term, the balance of the Security Deposit so deposited for the payment of any sum due Lessor (or which Lessor LC whichever may expend or be required appropriate) shall promptly be returned to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit . The security deposit shall not be deemed or be deemed construed to be an election advance payment of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue rent for any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all month of the terms, covenants and conditions of this Lease Agreement, Term as the Security Deposit shall same may be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered renewed or extended including the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale last month of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentterm.

Appears in 1 contract

Sources: Lease Agreement (Vocaltec Communications LTD)

Security Deposit. Lessee shall pay to Lessor simultaneously Tenant has deposited with Landlord the execution sum of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) 6,043.33 as security for the full and faithful performance and observance by Lessee Tenant of each the terms, provisions and every term, covenant and condition conditions of this Lease Agreement. Upon an Event Lease; it is agreed that in the event Tenant defaults in respect of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease AgreementLease, Lessor including, but not limited to, the payment of rent and additional rent, Landlord may at its option use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any rent and additional rent or any sum due Lessor as to which Tenant is in default or for any sum which Lessor Landlord may expend or may be required to expend by reason of Tenant’s default in respect of any of the Lessee’s Event terms, covenants and conditions of Default or failure to perform includingthis Lease, including but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any Premises whether such use, application damages or retention deficiency accrued before or after summary proceedings or other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLandlord. In the event that Lessee Tenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit security shall be returned returned, without interest, to Lessee Tenant after the date fixed as the end of the Lease and within thirty (30) days a reasonable time after Lessee has vacated and surrendered delivery of entire possession of the Leased demised Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementto Landlord. In the event of a sale of the Building land and building or leasing of the Projectbuildings, Lessor of which the demised Premises form a part, Landlord shall have the right to transfer the Security Deposit security to the purchaservendee or lessee, and Lessor Landlord shall thereupon be released by Tenant from all liability for the return of such Security Deposit. Lessee shall security; and Tenant agrees to look solely to the new landlord Landlord solely for the return of said security; and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Landlord nor its successors or assigns shall be bound by any such Security Deposit. If Lessee shall fail to pay Rent assignment, encumbrance, attempted assignment or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentattempted encumbrance.

Appears in 1 contract

Sources: Lease Agreement (Lucid Inc)

Security Deposit. Lessee shall pay 6.4.1 Subject to Lessor simultaneously with the Sections 6.4.2 and 6.4.3 below, upon execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Sublease, Subtenant shall deposit with Sublandlord the Security Deposit”) Deposit described in Section 1.1 hereof as security for the full and faithful performance and observance by Lessee Subtenant of each the terms, provisions, covenants and every term, covenant and condition conditions of this Lease Agreement. Upon an Event Sublease, and it is agreed that in the event Subtenant defaults beyond the expiration of Default by Lessee under this Lease Agreementapplicable notice, grace or if Lessee fails to perform cure periods in respect of any of the terms, provisions provisions, covenants and conditions of this Lease AgreementSublease, Lessor including, but not limited to, the payment of Rent, Sublandlord may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any Rent or any other sum due Lessor as to which Subtenant is in default or for any sum which Lessor Sublandlord may reasonably expend or may be required to expend by reason of Subtenant’s default beyond the Lessee’s Event expiration of Default applicable notice, grace or failure to perform cure periods in respect of any of the terms, provisions, covenants and conditions of this Sublease, including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application accrued before or retention after summary proceedings or other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseSublandlord. In the event that Lessee Subtenant shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Lease AgreementSublease, the Security Deposit security shall be returned to Lessee within Subtenant after the date fixed as the end of the Sublease Term and not later than thirty (30) days after Lessee has vacated and surrendered delivery of entire possession of the Leased Premises in accordance with the terms hereof, so long to Sublandlord as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementprovided hereunder. In the event of a sale of the Land and Building or leasing of the ProjectBuilding, Lessor of which the Premises form a part, Sublandlord shall have the right to transfer the Security Deposit security to the purchaser, vendee or lessee and Lessor Sublandlord shall thereupon be released by Subtenant from all liability for the return of such Security Deposit. Lessee shall security, and Subtenant agrees to look solely to the new landlord Sublandlord for the return of said security, and it is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Sublandlord. Subtenant further covenants that it will not assign or encumber or attempt to assign or encumber the monies deposited herein as security and that neither Sublandlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. In the event Sublandlord applies or retains any portion or all of the security deposited, Subtenant shall forthwith restore the amount so applied or retained so that at all times the amount deposited shall be the full amount of the security deposit required at the relevant time. Sublandlord shall not be responsible for the payment of any interest on the Security Deposit. If Lessee . 6.4.2 Subtenant shall fail deliver to pay Rent or other sums when due under Sublandlord upon execution of this Lease Agreement more than three Sublease, and shall maintain in effect at all times during the Sublease Term (3and through the period which is thirty (30) times days following the Expiration Date) following delivery thereof, a clean, unconditional and irrevocable letter of credit, in any twelve (12) month period, irrespective substantially the form annexed hereto as Exhibit B in the amount of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten issued by a banking corporation (10“Bank”) reasonably satisfactory to Sublandlord. Such letter of credit shall have an expiration date no earlier than the first anniversary of the date of issuance thereof and it shall be automatically renewed from year-to- year unless terminated by the Bank by notice to Sublandlord given not less than thirty (30) days after demand by Lessor, be increased to an amount equal prior to the greater then expiration date therefor. It is agreed that in the event Subtenant defaults in respect of any of the terms, covenants or provisions of this Sublease, including, but not limited to, the payment of any Rent, and such default continues beyond the applicable grace or cure period, if any, or if any letter of credit is terminated by the Bank and is not replaced within thirty (i30) three days prior to its expiration that (3A) times Sublandlord shall have the aforesaid amount right to require the Bank to make payment to Sublandlord of so much of the entire proceeds of the letter of credit as shall be reasonably necessary to cure the default (or (ii) three (3) months rent.the entire proceeds if notice of termination is given

Appears in 1 contract

Sources: Sublease (Coley Pharmaceutical Group, Inc.)

Security Deposit. Lessee shall pay to Lessor simultaneously with the Upon execution of this Lease Agreement a Contract, Lessee agrees to deposit with Lessor, the receipt of which is hereby Acknowledged, the sum zero and 00/100 Dollars (of $0,000.00) (100.00. This deposit, which is non-interest bearing, is to be held by the “Security Deposit”) Lessor as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any all of the terms, provisions terms and conditions of this Lease Agreementlease and shall be forfeited upon the violation or default of any of the covenants, Lessor may useagreements, applyterms or conditions herein made, assumed, or retain the whole or any part agreed to by Lessee. Upon Lessee’s return of the Security Deposit so deposited for Asset at the termination of this lease, payment of any sum all rent due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency and owing in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under accordance with the terms of this Lease Agreement lease and the surrender of all keys at the office of Lessor, Lessee shall be entitled to the return of said security deposit provided the leased Asset is returned in the same condition as it was at the time the Lessee first took possession, minus normal wear and tear. Deductions will be made from this security deposit to reimburse Lessor for the cost of repairing any damage to the Asset or otherwiseequipment or replace or pay for any of the articles or equipment that may be broken, damaged beyond repair, lost or missing at the termination of the lease. Lessee agrees to deliver the Asset clean and free of trash at the termination of this lease. In the event that Lessee shall comply with all such damages exceed the amount of the termssecurity deposit, covenants Lessee agrees to pay any excess cost to Lessor. This security deposit is not an advance rental, and Lessee may not deduct any portion of the security deposit from the rent due to Lessor by Lessee. Lessor agrees that, provided all terms and conditions of this Lease Agreementlease are complied with, Lessor will refund the Security Deposit shall be returned security deposit to Lessee within thirty (30) days after Lessee the Asset has vacated and surrendered the Leased Premises in accordance with the terms hereofbeen returned, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Projectif applicable, Lessor shall have the right to transfer the Security Deposit to the purchaserall keys returned, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have Asset has been cured, then the Security Deposit shall, within ten (10) days after demand inspected by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (Lease, the Security Deposit”) Deposit as security defined in the Preamble for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of the said Security Deposit to cure any default of Lessee, Lessee shall, on demand, deposit with Lessor the amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full Security Deposit on hand at all other remedies available to it under times during the terms Term of this Lease Agreement or otherwiseLease. In the event that Lessee shall comply with all of the termsa bona fide sale, covenants and conditions of subject to this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the ProjectLease, Lessor shall have the right to transfer the Security Deposit to the purchaservendee, and if duly and fully transferred, Lessor shall thereupon be considered released by Lessee from all liability for the return of such the Security Deposit. ; and Lessee shall agrees to look solely to the new landlord lessor for the return of such the Security Deposit, and it is agreed that this shall apply to every transfer or assignment made of the Security Deposit to the new lessor. If Provided this Lease is not in default, the Security Deposit (less any portions thereof used, applied or retained by Lessor in accordance with the provisions of this Article 16), shall be returned to Lessee after the expiration or sooner termination of this Lease and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall fail not be bound by any such assignment, encumbrance or attempt thereof. In the event of the insolvency of Lessee, and such is not dismissed within sixty (60) days thereof, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to pay Rent or other sums when due deposit additional security in an amount which in Lessor's sole judgement would be sufficient to adequately assure Lessee's performance of all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Security Deposit shall, security required by this Article 16 within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Lease Agreement (American Business Financial Services Inc /De/)

Security Deposit. Lessee shall pay to Lessor simultaneously with To secure the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee Tenant of each all of the covenants, conditions and every term, covenant and condition of agreements set forth in this Lease Agreement. Upon an Event of Default to be performed by Lessee under it, including, without limitation, foregoing such covenants, conditions and agreements in this Lease Agreementwhich become applicable upon its termination by re-entry or otherwise, or if Lessee fails to perform any of Tenant has deposited with Landlord the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain sum shown in Article 1 as a "Security Deposit" on the whole understanding: (a) that the Security Deposit or any part portion thereof may be applied to the curing of any default that may exist, without prejudice to any other remedy or remedies which the Landlord may have on account thereof, and upon such application Tenant shall pay Landlord on demand the amount so applied which shall be added to the Security Deposit so deposited for the payment of same will be restored to its original amount; (b) that should the Premises be conveyed by Landlord, the Security Deposit or any sum due Lessor or which Lessor may expend or balance thereof shall be required turned over to expend by reason of the Lessee’s Event of Default or failure Landlord's grantee, and if the same be turned over as aforesaid, Tenant hereby releases Landlord from any and all liability with respect to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, Security Deposit and its application or retention by Lessor of return, and Tenant agrees to look solely to such grantee for such application or return; and, (c) that Landlord may commingle the whole or Security Deposit with other funds and not be obligated to pay Tenant any part of interest; (d) that the Security Deposit shall not be considered as advance payment of Rent or a measure of damages for any default by Tenant, nor shall it be deemed a bar or defense to be an election of remedies any actions by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor Landlord against Tenant; (e) that if Tenant shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with faithfully perform all of the terms, covenants and conditions of agreements contained in this Lease Agreementon the part of the Tenant to be performed, the Security Deposit or any then remaining, balance thereof, shall be returned to Lessee Tenant, without interest, within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale expiration of the Building Term. Tenant further covenants that it will not assign or encumber the Project, Lessor shall have the right to transfer the money deposited herein as a Security Deposit to the purchaserand that neither Landlord nor its successors or assigns shall be bound by any such assignment, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent encumbrance, attempted assignment or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentattempted encumbrance.

Appears in 1 contract

Sources: Office Lease (Saville Systems PLC)

Security Deposit. Lessee shall pay to Lessor Sublessee has simultaneously herewith deposited with Sublessor a certified or bank check in the execution amount of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) 100,000.00 the proceeds of which (the “Security Deposit”) "Security"). All sums deposited by Sublessee with Sublessor pursuant to this -------- Paragraph 32 shall be held as security for the full and faithful punctual performance by Lessee ------------ Sublessee of each and every term, covenant and condition all the terms of this Lease AgreementSublease and shall be maintained in an interest-bearing account selected by Sublessor. Upon an Event If Sublessee defaults in the performance of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions terms of this Lease AgreementSublease, Lessor including the payment of Fixed Rent or any Additional Rent, Sublessor may use, apply, apply or retain the whole or any part of the Security Deposit so deposited and interest thereon to the extent required for the payment of any such Rent or for any sum due Lessor or which Lessor Sublessor may expend or may be required to expend by reason of Sublessee's default in respect of any of the Lessee’s Event terms of Default or failure to perform includingthis Sublease, but not limited to, including any damages or deficiency in the reletting re-letting of the Leased Premises, provided, however, that any such use, application whether accruing before or retention after summary proceedings or other re-entry by Lessor Sublessor. In the case of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding every such use, application or retention, Lessor Sublessee shall, on demand, pay to Sublessor the sum so used, applied or retained which shall have be added to the right Security so that the same shall be replenished to pursue its former amount, and any failure by Sublessee to pay such sum on demand shall constitute a default under this Sublease. If any bankruptcy, insolvency, reorganization or other credit-debtor proceedings shall be instituted by or against Sublessee, or its successors or assigns, or the guarantor, if any, any Security and interest thereon with Sublessor pursuant to this Paragraph shall be deemed to be applied first to the payment of any Rents and/or other charges due Sublessor for all other remedies available periods prior to it under the terms institution of this Lease Agreement or otherwisesuch proceedings and the balance, if any, of such Security with Sublessor may be retained by Sublessor in partial liquidation of Sublessor's damages. In the event that Lessee If Sublessee shall fully and punctually comply with all of the terms, covenants and conditions terms of this Lease AgreementSublease, the Security Deposit unapplied portion of the Security, with interest, shall be returned to Lessee within thirty (30) days Sublessee after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms termination of this Lease AgreementSublease and delivery of exclusive possession of the Premises to Sublessor; provided that until the occurrence of such events, Sublessor may retain a one (1%) percent administration fee per annum with respect to such Security. In the event of a sale transfer of the Building or the ProjectSublessor's interest under this Sublease, Lessor Sublessor shall have the right to transfer the Security Deposit and interest thereon to the purchaser, transferee and Lessor Sublessor shall thereupon upon such transfer be released by Sublessee from all liability for the return of such Security Deposit. Lessee shall Security; and Sublessee agrees to look solely to the new landlord transferee Sublessor for the return of such Security Deposit. If Lessee said Security; and it is agreed that the provisions hereof shall fail apply to pay Rent every transfer or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective assignment made of whether or not such delinquencies have been cured, then the Security Deposit shallto a Sublessor. Sublessee shall not assign or encumber or attempt to assign or encumber the sums deposited herein as Security or the interest thereon and neither Sublessor nor its successors or assigns shall be bound by any such assignment, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount encumbrance or (ii) three (3) months rentattempted assignment or encumbrance.

Appears in 1 contract

Sources: Sublease (Multex Systems Inc)

Security Deposit. Lessee shall If the premises are rented by more than one person, the Tenants agree that they will work out the details of dividing any refund among themselves. The Landlord may pay the refund to Lessor simultaneously with any Tenant identified in the execution first sentence of the first page of this Lease Agreement a sum zero Agreement. The Tenant understands that the Landlord will not apply the Security Deposit toward the last month’s rent or toward repair charges owed by the Tenant. Tenant further covenants and 00/100 Dollars ($0,000.00) (agrees that upon the “Security Deposit”) as security for the full and faithful performance by Lessee expiration of each and every said term, covenant or upon the termination of the lease for any cause, he will at once peacefully surrender and condition deliver up the whole of this Lease Agreementthe above described premises together with all improvements thereon to the Landlord, his agents and assigns. Upon an Event Provided that in case any rent shall be due and unpaid or if default shall be made in any of Default by Lessee under this Lease Agreementthe covenants herein contained, or if Lessee fails said premises shall be abandoned, deserted or vacated, then it shall be lawful for the said Landlord, his agents, attorneys, successors or assigns to perform take any legal action (e.g. re-enter, repossess, evict, distrain, or any action in compliance with public local laws and State of Maryland laws). Upon re-entry this lease shall terminate. In the event of re-entry by the Landlord as herein provided, Tenant shall be liable for damages to said Landlord for all loss sustained. The Tenant covenants that his occupancy of the said premises beyond the term of this lease shall not be deemed as a renewal of this lease for the whole term or any part thereof, but that the acceptance by the Landlord of rent accruing after the expiration of this lease shall be considered as a renewal of this lease for one month only. Either party hereto may terminate this lease at the end of said term (date lease expires) by giving the other written notice thereof at least two full calendar months prior thereto The Tenant shall not make or permit to be made any disturbing noises or do or permit any act, which will unreasonably interfere with the peaceful possession of the premises by other tenants. Bad Checks – If any check issued by Tenant to Landlord or agent for payments due hereunder is returned without payment for any reason whatsoever except Landlord’s fault, Tenant shall pay Landlord as liquidated damages a charge of $25.00 for each time said check is returned in addition to any charges assessed to Landlord by Landlord’s bank. Tenant agrees that payments received will be applied as follows: Any arrears from previous month(s) will be credited first. In the current month, payment will be applied to any court costs owed, late fees or any other miscellaneous charges owed. Having those paid, the remainder of the payment will then be applied to the basic unit rent for the current month. A $75.00 filing fee will be assessed for each time Landlord files in District Court/Landlord-Tenant Court for non-payment of rent or other breach of the lease by tenant. The Tenant agrees that any fees, costs, charges or other payments associated with his/her tenancy, but owing in addition to Tenant’s basic rental amount, will constitute and will be considered additional rent due and payable on the first day of the month following the Tenant’s being informed of for same and non-payment of these items will be considered as non-payment of rent. In the event that any of the termsmaterial representations contained in the Application shall be found by the Landlord to be misleading, provisions and conditions of this Lease Agreement, Lessor may use, applyincorrect, or retain untrue, the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor Landlord shall have the right to pursue forthwith cancel this lease and to repossess the leased premises. Tenant agrees to notify Landlord of any change in employment and all other remedies available failure to it under the terms do so will be considered a breach of this Lease Agreement lease agreement. It is hereby agreed that the alleys on the North, South, East or otherwise. In West of said premises are for the event use in common of all properties abutting thereon, and the Tenant hereby covenants and agrees that Lessee shall comply with all he will use the premises hereby demised in such a way as not to obstruct the free and uninterrupted use of the terms, covenants said alleys. It is hereby convenated and conditions agreed by and between the parties hereto that no outside signs of any character shall be attached to or placed on the building hereby demised without the consent in writing of the said Landlord first had and received. Tenant agrees that at the termination of this Lease Agreementlease, or at such earlier time as he shall quit the premises, he will remove all personal property not belonging to Landlord from the premises, and any property not removed shall be considered as abandoned, and Landlord may dispose of the same without being accountable to Tenant for doing so. After the Tenant has given a notice of intent to move, the Security Deposit shall be returned Tenant agrees to Lessee within thirty (30) days after Lessee has vacated permit the Landlord to show the premises to prospective Tenants during reasonable hours. If the Tenant moves before this agreement ends, the Landlord may enter the premises to decorate, remodel, alter or otherwise prepare the premises for re-occupancy. Keys and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale Locks – The Tenant agrees not to install additional or different locks or gates on any doors or windows of the Building premises without the written permission of the Landlord. If the Landlord approves the Tenant’s request to install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When this agreement ends, the Tenant agrees to return all keys to the premises to the Landlord. The Landlord may charge $45.00 for each key not returned. The Landlord or the Project, Lessor his representative shall have the right to transfer enter the Security Deposit premises, at any time during emergencies, or at any reasonable hour by use of key or by force if necessary to inspect the premises or to perform routine repairs and maintenance. The Tenant shall not assign or sublet the said premises or any part thereof or, in his or her absence or otherwise, permit others to occupy the premises without first having obtained the written consent of the Landlord. If the Tenant or subtenant violates the provisions of this paragraph the Landlord may immediately take possession of said premises and in event of litigation may ▇▇▇ and evict any person or persons occupying said premises without making the Tenant a party to said proceedings. By this agreement, Tenant acknowledges that he has received the premises in good and clean condition and repair. No defect in the premises or equipment shall constitute grounds for offset, abatement or reduction of rent or entitle Tenant to terminate this agreement. Tenant agrees to take good care of the premises and its contents, to commit no waste on or about the premises, and at the termination of this agreement to return the premises and its contents clean and free from trash and in the same condition as when received except for such ordinary wear and tear as reasonable and careful use would have caused. Tenant shall promptly pay for any damage to the purchaserpremises, general premises, furnishings and Lessor equipment thereof which may be caused by Tenant, his guests or occupants. Tenant is responsible for obeying all government ordinances and statutes and Tenant shall thereupon be released responsible for all fines and penalties incurred by Landlord due to Tenants or guests non-compliance with same. It is expressly understood and agreed that the Landlord shall not be responsible for loss, injury or damage to the personal property or person of Tenant, his guests or occupants, caused directly or indirectly by or arising from any cause related to the occupancy of said premises. The Tenant is to insure his liability and personal property at his own expense. Unlicensed or inoperable vehicles are not permitted on the property and may be towed at the Tenant’s expense. Mechanical or bodywork on vehicles including lubrication and changing of oil is likewise not permitted on the premises without the consent in writing of the Landlord. Woodstoves are not permitted. Periodic changing of air filters in forced air furnaces (where provided) is Tenant’s responsibility. Tenant is responsible for keeping the premises free from insect and rodent infestation. If Tenant vacates before the term of the lease is complete; Tenant is responsible for remaining rent and all liability for costs of re-renting until property is re-rented. It is understood that fulfillment of the return requirements of such Security Depositnotice of termination on or before the termination date is essential to permit Landlord to re-rent the premises or prepare for re-rental on a definite date; it is therefore agreed between parties that should Tenant hold over the premises beyond the termination date or fail to vacate on or before the termination date, the Tenant shall be liable for such damages as the loss of a prospective Tenant or otherwise as Landlord may suffer due to such holding over. Lessee In the event Landlord is unable to deliver possession of the premises as agreed, because of the failure of the prior Tenant to vacate, or for any other reason, the agreed rental shall look solely ▇▇▇▇▇ until the actual date of possession or the Landlord may return all prior payments to Tenant and cancel this Agreement without further obligation to the new landlord for the return of such Security DepositTenant in any way. If Lessee shall fail the premises become uninhabitable due to pay Rent loss or other sums when due under destruction, this Lease occupancy agreement is cancelled. After completion of the initial term specified in the lease, this Agreement more than three (3) times in is automatically renewed from month to month but may be terminated at any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand time by Lessor, be increased to an amount equal either party giving to the greater other, in writing, one full month prior notice of (i) three (3) times the aforesaid amount intention to terminate. No oral notice or (ii) three (3) months rentnotice given by Tenant under which the termination date is not definite or Tenant does not completely vacate the premises within the said one month shall be effective. The Landlord shall have the right to show the premises to prospective Tenants after notice to vacate has been given.

Appears in 1 contract

Sources: Warehouse Lease Agreement

Security Deposit. Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as As security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions conditions and conditions covenants of this Lease AgreementLease, as well as to indemnify the Lessor may usefor damages, applycosts, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or expenses and attorneys's fees to which Lessor may expend or be required to expend put by reason of any default by Lessee, Lessee hereby agrees to deposit with the Lessee’s Event Lessor the sum of Default or failure six thousand Dollars, ($6,000), at least one-half of said sum shall be paid at time of signing this Lease and any balance of said sum shall be paid prior to perform including, but not limited to, any damages or deficiency in the reletting taking of possession of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwisepremises hereby demised. In the event that Lessee shall comply with be in default at any time prior to termination hereof, then Lessor may apply the security deposit in payment of its costs, expenses and attorney's fees in enforcing the terms hereof, and/or in payment of any damages or loss suffered by Lessor, provided that nothing herein contained shall be construed to mean that the recovery of damages by Lessor against Lessee shall be limited to the sum of the Security Deposit. In the event any portion or all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit is applied as aforesaid, then Lessee shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered notification of such expenditures from said Security Deposit deposit with Lessor additional sums so that the Leased Premises Security Deposit in accordance with the terms hereof, so long as no Event hands of Default by Lessee Lessor shall then be existing under at all times during the terms of this Lease Agreement. In the event of a sale term of the Building or the Project, Lessor shall have the right Lease total six thousand Dollars ($6,000). Subject to transfer application of the Security Deposit to the purchaserpayment of sums due in accordance with the foregoing provisions, any moneys remaining in the hands of the Lessor as Security Deposit, upon termination of the Lease, shall be refunded to the Lessee: Lessor may transfer or deliver this Security Deposit, as such, to the purchaser of the reversion, in the event that the reversion be sold, and thereupon Lessor shall thereupon be released discharged from all any further liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentreference thereto.

Appears in 1 contract

Sources: Lease Agreement (Staar Surgical Company)

Security Deposit. Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”6,840) as security for the full and faithful performance by Lessee of each of the obligations and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by covenants imposed upon Lessee under this Lease AgreementLease. If Lessee shall default in the payment of Rent or in the performance of any other covenant or obligation, or if Lessee fails hereby authorizes Lessor, at Lessor's election, without notice and without terminating this Lease, to perform any of apply the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit funds so deposited for as security in the payment of any sum Rent due hereunder or in remedying any other default hereunder. Any action taken by Lessor under this Section 45 shall not be construed to be a waiver of any other rights or which remedies of Lessor may expend whether under this Lease, at law, or be required in equity, or any of Lessor's rights in case of any subsequent default to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that enforce any such use, application right or retention by Lessor of remedy including without limitation the whole rights and remedies set forth in this Section 45. If said security or any part thereof is used, applied, or retained in curing any such default, Lessee upon demand shall immediately deposit with Lessor as additional security an amount in cash equal to the amounts so used, applied, or retained, and if Lessee shall fail to do so, such failure shall constitute a default under this Lease, affording Lessor the same rights and remedies as a default in payment of Rent. Within sixty (60) days after the expiration of the Security Deposit Term, whether by lapse of time or otherwise, provided Lessee shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood in default under this Lease and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply complied with all of the terms, covenants and conditions of obligations imposed upon Lessee under this Lease AgreementLease, including, without limitation, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale yielding up of the Building or immediate possession of the ProjectPremises to Lessor, Lessor shall have the right upon being furnished with affidavits and other satisfactory evidence by Lessee that Lessee has paid all bills incurred by Lessee in connection with Lessee's performance of all such covenants and obligations, return to transfer the Security Deposit to the purchaserLessee said sum on deposit or such portion thereof then remaining on deposit with Lessor hereunder. No interest shall be payable on Lessee's security deposit, which deposit shall not be held in trust by Lessor and Lessor shall thereupon may be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or co-mingled with Lessor's other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentfunds.

Appears in 1 contract

Sources: Lease Agreement (Glasstech Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with Upon the execution of this Lease Agreement Sublease, the Subtenant shall deliver to Tenant a sum zero Letter of Credit in the amount of $34,733.32, issued by a bank, and 00/100 Dollars ($0,000.00) (in form and substance, all satisfactory to Tenant. During the “Security Deposit”) Term hereof, and for not more than 60 days after the expiration of the Term, or for so long thereafter as Subtenant is in possession of the Premises or has unsatisfied obligations hereunder to Tenant, the Letter of Credit shall be security for the full and faithful timely performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Subtenant's obligations under this Lease AgreementSublease; which Letter of Credit may be drawn upon by Tenant and applied from time to time against outstanding obligations of Subtenant hereunder without notice or demand. Subtenant shall have no right to require Tenant to so apply the Letter of Credit, nor shall Subtenant be entitled to credit the same against rents or other sums payable hereunder. During the entire Term hereof, Subtenant shall cause said Letter of Credit to be renewed, if Lessee necessary in substantially the same form, no later than 30 days prior to the date of expiration of same. Without limiting any other remedies of Tenant, in the event that Subtenant fails to perform renew any Letter of Credit given hereunder at least 15 days prior to the termsdate of expiration thereof, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor then Tenant shall have the right to pursue draw down the entire amount of said Letter of Credit and hold such sums as a cash deposit. If and to the extent that Tenant makes such use of the Letter of Credit, or any part thereof, the sum so applied by Tenant (from cash or from a drawing on the Letter of Credit) shall be restored to the Letter of Credit by Subtenant upon notice from Tenant, and all other remedies available failure to it under restore same (within the terms of this Lease Agreement or otherwise. In the event that Lessee grace period applicable to Base Rent hereunder) shall comply with be a default hereunder giving rise to all of Tenant's rights and remedies applicable to a default in the terms, covenants and conditions payment of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreementrent. In the event of a sale change of circumstance relating to the bank issuing the Letter of Credit, or Tenant otherwise reasonably believes the financial conditions of the Building or the Projectissuing bank has been degraded, Lessor shall have Tenant reserves the right to transfer require Subtenant to replace the Security Deposit Letter of Credit from time to the purchaser, and Lessor shall thereupon be released from all liability for the return time with a substitute similar letter of such Security Deposit. Lessee shall look solely credit issued by another bank satisfactory to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentTenant.

Appears in 1 contract

Sources: Sublease Agreement (Actinium Pharmaceuticals, Inc.)

Security Deposit. Lessee shall pay to Lessor simultaneously Lessee, contemporaneously with the execution of this Lease Agreement a Lease, has deposited with Lessor the sum zero of $19,258.00 as prescribed in Article 1.3 of this Lease, and 00/100 Dollars (shall deposit with Lessor an additional $0,000.00) (9,629.00 prior to occupancy but in no event later than March 31, 1997, said deposit being given to secure the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementby Lessee to be kept and performed during the term hereof. Lessee agrees that if Lessee shall fail to pay the rent herein reserved promptly when due, said deposit may, at the Security Deposit option of Lessor (but Lessor shall not be returned required to) be applied to any rent due and unpaid, and if Lessee violates any of the other terms, covenants, and conditions of this Lease, and after written notice to Lessee within thirty advising Lessee of such violation and allowing Lessee ten (3010) days to cure such violation, said deposit may be applied to any damages suffered by Lessor as a result of Lessee's default, to the extent of the amount of damages suffered. Nothing in this Article 5 shall in any way diminish or be construed as waiving any of Lessor's other remedies by law or in equity. Should all or any part of the security deposit be applied by Lessor as herein provided, then Lessee shall, on the written demand of Lessor, deposit cash with Lessor within five (5) days of said demand sufficient to restore said security deposit to its original amount. Within two weeks after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms termination of this Lease AgreementLease, Lessor shall return said security deposit to Lessee, less any portion of said security deposit which may have been previously applied or expended by Lessor to remedy or cure any default or breach on the part of Lessee hereunder. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer commingle or invest said security deposit, and in no event shall Lessee be entitled to receive any interest or income thereon, it being agreed that any interest be deemed to be additional rent. Lessor may deliver the Security Deposit funds deposited under this Article 5 by Lessee to the purchaser, and purchaser of Lessor's interest in the Premises in the event such interest be sold; thereupon Lessor shall thereupon be released discharged from all further liability for the return of with respect to such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentdeposit.

Appears in 1 contract

Sources: Office Building Lease (Voice Powered Technology International Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously Concurrently with the SUBLESSEE's execution and delivery of this Lease Agreement a Sublease, SUBLESSEE shall deposit with SUBLESSOR the sum zero and 00/100 Dollars (of $0,000.00) 4,054.00 (the “Security "Deposit”) "). The Deposit shall be held by SUBLESSOR as security for the full and faithful performance and observance by Lessee SUBLESSEE of each the terms, provisions and every term, covenant and condition conditions of this Lease AgreementSublease. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails It is agreed that in the event SUBLESSEE defaults with respect to perform any of the terms, provisions and conditions of this Lease AgreementSublease, Lessor including, but not limited to, the payment of rent, SUBLESSOR may use, apply, apply or retain the whole or any part of the Security Deposit so deposited to the extent required for the payment of any rent or any other sum due Lessor as to which SUBLESSEE is in default or for any sum which Lessor SUBLESSOR may expend or may be required to expend by reason of the Lessee’s Event of Default or failure SUBLESSEE's default with respect to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementSublease. In the event that SUBLESSEE shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of this Sublease, the Security Deposit shall be returned to Lessee within thirty (30) days SUBLESSEE after Lessee has vacated and surrendered the Leased Premises in accordance with date fixed as the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms end of this Lease Agreement. In the event Sublease, and after delivery of a sale entire possession of the Building demised premises to SUBLESSOR, except for any amounts that SUBLESSOR had deducted therefrom that are needed by SUBLESSOR to cure defaults of SUBLESSEE under this Sublease or the Project, Lessor shall have the right to transfer the Security Deposit compensate SUBLESSOR for damages or which SUBLESSEE is liable pursuant to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Depositthis Sublease. If Lessee SUBLESSOR uses or applies all or a portion of the Deposit, SUBLESSEE shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to deposit cash with SUBLESSOR in an amount equal sufficient to restore the Deposit to the greater full amount and SUBLESSEE'S failure to do so shall be a breach of (i) three (3) times this Sublease. If SUBLESSEE performs all of SUBLESSEE's obligations hereunder, the aforesaid amount Deposit, or (ii) three (3) months rentthe balance not applied by SUBLESSOR, shall be returned, without interest, to SUBLESSEE following the expiration of the Term, and after SUBLESSEE has vacated the Premises.

Appears in 1 contract

Sources: Sublease Agreement (Broadview Networks Holdings Inc)

Security Deposit. Lessee shall In addition to the Rental Fee, Agreement Holder agrees to pay to Lessor simultaneously with the execution Association a refundable Security Deposit in the amount of this Lease Agreement a sum zero and 00/100 Dollars one hundred fifty dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement150.00). Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part Return of the Security Deposit so deposited for or any portion thereof shall be made within ten (10) business days following the payment date of any sum due Lessor reserved use, provided the Center, premises, facilities, and equipment are left in satisfactory condition and no Association rules or which Lessor may expend or county ordinance have been violated. The Association, pending the post use inspection will hold the Security Deposit subject to: a. The Security Deposit shall be required refunded after the event only if the Center, premises including restrooms, furniture, appliances, fixtures and appurtenances are found, upon post-use inspection, to expend by reason be in the same condition as at the commencement of the Lessee’s Event of Default or failure to perform includingRental Period as listed on the pre-use inspection, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the ordinary wear and tear expected. b. The Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as considered liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor the Agreement Holder hereby agrees that he/she shall have the right to pursue be responsible for any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all damage in excess of the termsamount of the Security Deposit. c. The Association reserves the right, covenants and conditions of this Lease Agreementin its sole judgment, to deduct from the Security Deposit shall be any amount necessary, as determined by the Association’s Community Center Committee, to cover (a) all costs of cleanup if warranted (e.g., if the Center is not returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with same condition as at the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale commencement of the Building Rental Period); and (b) the costs of repairs or replacement of any property damaged during the Project, Lessor shall have use of the right to transfer center. If the Security Deposit does not fully cover these costs, the Agreement Holder shall be billed for and agrees to promptly pay the difference, and future use of any of the Association’s facilities shall be denied until these costs are paid. Any Agreement Holder using the Center shall be responsible for any and all damages that occur due to their use of the Center. The billed costs will be considered a special assessment and if not paid could result in a lien being initiated against the Agreement property. Agreement Holder herein agrees to the purchaserdeduction of whatever expenses are required to restore the facilities to the same condition as when Agreement Holder entered the facilities, including but not limited to any needed surface cleaning, ordinary wear and tear expected. d. Agreement Holder will remove from the Center all materials that are not the property of Association after the Rental Period including trash acquired during the Rental Period. Association shall be authorized to remove at the expense of Agreement Holder all materials remaining. Agreement Holder shall be responsible for the payment of storage and/or disposal costs of such materials, and Lessor Agreement Holder agrees that Association shall thereupon in no way be released from responsible for loss, damage or claims against the Association for material so removed or stored. Agreement Holder agrees that the Association shall have a first lien on such material for payment of all liability costs accrued for the return removal and storage. For rentals where the Rental Period commences before 12:00 p.m., clean-up must be completed within one (1) hour of such Security Depositthe conclusion of the Rental Period. Lessee shall look solely to For rentals where the new landlord for Rental Period commences after 12:00 p.m., the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then clean-up must be completed before 9:30 a. m. the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to day following the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentRental Period.

Appears in 1 contract

Sources: Rental Agreement

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with the upon execution of this Lease Agreement a sum zero hereof Twenty-One Thousand Seven Hundred Seventy-Five and 00/100 no/100 Dollars ($0,000.00) (the “Security Deposit”21,775.00) as security for the full and ▇▇▇▇▇▇'s faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement▇▇▇▇▇▇'s obligations hereunder. Upon an Event of Default by Lessee under this Lease Agreement, or if If Lessee fails to perform pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of the terms, provisions and conditions of this Lease AgreementLease, Lessor may use, apply, or retain the whole all or any part portion of the Security Deposit so deposited said deposit for the payment of any rent or other charge in default or for the payment of any other sum due Lessor or for which Lessor may expend or be required to expend become obligated by reason of the Lessee’s Event of Default ▇▇▇▇▇▇'s default, or failure to perform including, but not limited to, compensate Lessor for any damages lose or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application damage which Lessor may suffer thereby. If Lessor so uses or retention by Lessor of the whole applies all or any part portion of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damagessaid deposit, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after written demand therefor deposit cash with Lessor in an amount sufficient to restore said deposit to the full amount hereinabove stated, and ▇▇▇▇▇▇'s failure to do so shall be a material breach of this Lease. Lessor shall not be required to keep said deposit separate from its general accounts. If ▇▇▇▇▇▇ performs all of Lesses's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by ▇▇▇▇▇▇, shall be returned, without payment of interest or other increment for its use, to Lessee (or, at Lessor's option, to the last assignee, if any, of ▇▇▇▇▇▇'s interest hereunder) at the expiration of the Term and after ▇▇▇▇▇▇ has vacated the Premises. Any mortgagee of Lessor, purchaser of the Project, or beneficiary of a deed of trust shall be increased relieved and released from any obligation to an amount equal return said deposit in the event such mortgagee, beneficiary of deed of trust or purchaser becomes the owner of the Project by reason of foreclosure or trustee's sale (including deed in lieu thereof) or proceeding in lieu of foreclosure or trustee's sale unless said deposit shall have been actually delivered to such mortgagee, beneficiary of deed of trust or purchaser. Such release, however, shall not relieve the greater person or entity who owned the Project immediately prior to acquisition of (i) three (3) times the aforesaid amount title by such mortgagee, beneficiary of deed of trust or (ii) three (3) months rentpurchaser of any obligation he or it may have to return said deposit.

Appears in 1 contract

Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)

Security Deposit. Lessee shall pay In lieu of a cash Security Deposit as contemplated under this Sublease Agreement, Sublessee reserves the right to Lessor simultaneously with deliver, subsequent to the full execution of this Lease Agreement a sum zero Sublease Agreement, an unconditional, irrevocable and 00/100 Dollars transferrable letter of credit ($0,000.00) (such letter of credit or any extension or replacement thereof, being hereinafter referred to as the “Letter of Credit”) to Sublessor, in the amount equal to the Security Deposit”Deposit (as defined above) as security for the full and faithful performance and observation by Lessee Sublessee of each all covenants, agreements, warranties, conditions, terms and every term, covenant and condition provisions of this Lease AgreementSublease Agreement to be performed, fulfilled, or observed by Sublessee, and to make good to the Sublessor any damage which it may sustain by reason of any act or omission of the Sublessee. Upon an Event In particular, the Letter of Default by Lessee under Credit shall provide for the following: a) Sublessor shall have the right, without prejudice to any other remedy, to draw upon the Letter of Credit to pay Sublessor’s damages arising from, or to cure, any default of Sublessee after the expiration of any applicable notice and cure periods as set forth in this Lease Sublease. The Letter of Credit shall be, among other things: (i) irrevocable, unconditional and transferrable; and (ii) conditioned for payment and honored solely upon presentation of the Letter of Credit and Sublessor’s written statement that it is entitled to draw thereon pursuant to the terms of the Sublease Agreement, or as a sight draft by facsimile or electronic mail presentation if Lessee presentment cannot be made to the issuing bank in New York City. The Letter of Credit shall be fully transferable by the Sublessor and its successors and assigns without charge to the Sublessor, and shall permit multiple drawings. The Letter of Credit shall be issued for the account of the Sublessor by a commercial bank or trust company reasonably satisfactory to Sublessor, having banking offices at which the Letter of Credit may be drawn upon in the City of New York, borough of Manhattan. The Letter of Credit shall expire not earlier than twelve (12) months after its date of delivery to Landlord, and shall be automatically renewable, without amendment, for successive twelve (12) month periods (the last of which shall be for such period through the date which is not earlier than sixty (60) days after the Sublease Expiration Date). The Letter of Credit shall provide that the issuing bank shall give the Sublessor at least sixty (60) days prior written notice (by means of receipted delivery) if the Letter of Credit is not being renewed. If the Sublessee fails to perform any deliver a replacement Letter of Credit to the Sublessor at least thirty (30) days prior the expiration date of the termsprior Letter of Credit, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor Sublessor shall have the right to pursue any draw the full amount of the Letter of Credit by sight draft on the issuing bank. If the Sublessor presents the Letter of Credit for payment, the amount of the Letter of Credit shall become the “Security Deposit” under this Sublease Agreement and all other remedies available to it under shall be held, applied and returned by the Sublessor in accordance with the terms provided for the holding, application and return of this Lease Agreement or otherwisethe Security Deposit as set forth in subparagraph b) below. In the event that Lessee shall comply with all Sublessee is entitled to a reduction in the amount of the termsSecurity Deposit pursuant to this Sublease Agreement (as provided in subparagraph c) below), covenants Sublessor agrees, at no cost to Sublessor, to reasonably cooperate with the Sublessee in exchanging the Letter of Credit with a replacement Letter of Credit in the reduced amount, and which otherwise complies with the requirements of this subparagraph a). Likewise, Sublessee hereby agrees to cooperate at its sole cost and expense, with Sublessor to promptly execute and deliver to Sublessor any and all modifications, amendments, and replacements of the Letter of Credit, as Sublessor may reasonably request to carry out the terms and conditions of this Lease AgreementSublease Agreement and this Paragraph. b) If the Letter of Credit is presented for payment, any unapplied portion shall constitute the Security Deposit shall hereunder, and may be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises commingled with Sublessor’s other funds in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementSublessor’s discretion. In the event that Master Landlord exercises its right of a sale of recapture during the Building or Term, the Project, Lessor Sublessor shall have the right to pay or transfer the Security Deposit to the purchaserMaster Landlord, and Lessor in such event, the Sublessor shall thereupon be released from all responsibility and liability for in connection therewith, and the return of such Security Deposit. Lessee shall Sublessee will look solely to the new landlord Master Landlord for its return. If the return Security Deposit is deposited with a bank or trust company, savings bank or savings and loan association, the Sublessor shall advise the Sublessee the name and address thereof. The Sublessee shall not be entitled to the payment of such any interest earned on the Security Deposit. If Lessee the Sublessee shall fail at any time be in default with respect to pay any payment of Base Rent or Additional Rent or of any other sums when payment due from the Sublessee to the Sublessor under this Lease Agreement more than three (3) times in the Sublease Agreement, or if the Sublessor shall be damaged by any twelve (12) month periodact or omission of the Sublessee the Sublessor may, irrespective at its option, apply such portion of whether or not such delinquencies have been cured, then the Security Deposit shallas may be adequate to cure such default or to make good such damage, within ten (10) days after demand including, but not by Lessorway of limitation, interest, costs, fees and other expenses, paid or incurred by the Sublessor, and thereafter such portion so applied shall be increased to an amount equal free from any claim for return by the Sublessee. If the Sublessor shall re-enter, pursuant to the greater provisions of the Sublease Agreement, (iother than in an event of insolvency in which event alternative portions of the Sublease Agreement would apply) three (3and shall re-sublet the Premises for its own account, the entire Security Deposit shall immediately be and become the property of Sublessor, as fixed, liquidated and agreed damages, and not as a penalty, it being impossible in such event to ascertain the exact amount of the damage which the Sublessor may sustain in such event, but unless the Sublessor shall so re-let the Premises for its own account, the Sublessor shall continue to hold the Security Deposit as security for the performance of the Sublessee’s obligations, until the Sublease Expiration Date, and apply the Security Deposit, or portion thereof, from time to time to the unpaid obligations of the Sublessee under the same terms and conditions as if the Sublease Agreement were still in full force and effect. No termination of this Sublease Agreement or re-entry by Sublessor for default of the Sublessee shall entitle the Sublessee to the return of any portion of the Security Deposit, nor shall the retention of the Security Deposit, after such re-entry, impair or otherwise affect the Sublessee’s liability to the Sublessor during the balance of the Term. If at any time the Security Deposit shall be diminished by reason of the Sublessor having applied any part thereof in accordance with the provisions of this Paragraph, the Sublessee shall pay over to the Sublessor upon demand, the equivalent of such decrease, to be added to the Security Deposit and to be held and applied in accordance with the provisions of this Paragraph. c) times As set forth in this Sublease Agreement, and provided that there have been no defaults or violations under the aforesaid Sublease Agreement during the first year of the Sublease Agreement, then on and after the day of the first anniversary of this Sublease Agreement, Sublessee shall be permitted to reduce the Letter of Credit amount or (ii) three (3) months rentto $273,227.50.

Appears in 1 contract

Sources: Sublease Agreement (Criteo S.A.)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a the sum zero of Forty Nine Thousand Two Hundred Three and 00/100 Dollars ------------------------------------------------ ($0,000.0049,203.00) (the “Security Deposit”) Dollars as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations ------------ under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the terms, provisions and conditions of this Lease Agreement, Premises to Lessor may use, apply, or retain the whole or as herein provided. If Lessor applies any part of said deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the Security Deposit amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms term of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease AgreementLease. In the event of a sale of the Building or the Projectbona fide sale, subject to this Lease, Lessor shall have the right to transfer the Security Deposit security to the purchaservendee, and Lessor shall thereupon be considered released by Lessee from all liability for the return of such Security Deposit. security; and Lessee shall agrees to look solely to the new landlord lessor for the return of such Security Depositthe said security, and it is agreed that this shall apply to every transfer or assignment made of the security to a new lessor. If The security deposited as provided for herein shall not be mortgaged, assigned or encumbered by Lessee without the written consent of Lessor. Provided the lessee shall not be in default under the terms of the Lease, Lessee shall fail have the right to pay Rent apply such security deposit to the basic rent and additional rent payable for the last remaining months of the terms of the Lease, including the months remaining in the event of an election by Lessee to terminate the Lease in accordance with Paragraph 42 hereof. In the event of the insolvency of Lessee, or other sums when due under this Lease Agreement more than three (3) times in the event of the entry of a judgment in bankruptcy in any court against Lessee which is not discharged within thirty days (30) days after entry, or in the event a petition is filed by or against Lessee or under any chapter of the bankruptcy laws of the State of New Jersey or the United States of America, then in such event, Lessor may require the Lessee to deposit additional security in an amount equal to twelve (12) month period, irrespective months rent to assure Lessee's performance of whether or not such delinquencies have been cured, then all of its obligations under this Lease including all payments subsequently accruing. Failure of Lessee to deposit the Security Deposit shall, security required by this Section within ten (10) days after Lessor's written demand shall constitute a material breach of this Lease by LessorLessee. Provided Lessee shall not be in default under the terms of the Lease, be increased to an amount equal the security paid to the greater of Lessor under this Lease shall be (i) refunded to Lessee one hundred twenty (120) days following the assignment and assumption of this Lease by Vialog Corporation ("Vialog") and the initial public offering of common stock of Vialog substantially in accordance with Form S-1 as filed with the Securities Exchange Commission on February 28, 1997, or (ii) refunded to Lessee in three (3) times equal annual installments commencing September 1, 1999 and annually thereafter on the aforesaid amount or (ii) three (3) months rentfirst day of January until the entire security is repaid to the Lessee.

Appears in 1 contract

Sources: Lease Agreement (Call Points Inc)

Security Deposit. Lessee (a) Subtenant shall pay deliver to Lessor simultaneously Sublandlord concurrent with the Subtenant’s execution of this Lease Agreement a sum zero and 00/100 Dollars Lease, an unconditional, clean, irrevocable standby letter of credit ($0,000.00the “L-C”) in the initial amount of the Security Deposit Amount (the “Security Deposit”), which L-C shall be issued by a money-center bank which is acceptable to Sublandlord, and which L-C may be presented for payment in a U.S. location acceptable to Sublandlord. The L-C shall be in form and content as attached hereto as Exhibit C for a term of not less than one year. Subtenant shall pay all expenses, points and/or fees incurred by Subtenant in obtaining the L/C. (b) The L-C shall be held by Sublandlord as security for the full and faithful performance by Lessee Subtenant of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of all the terms, provisions covenants, and conditions of this Lease AgreementSublease to be kept and performed by Subtenant during the Sublease Term. If Subtenant defaults with respect to any provisions of this Sublease, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, the provisions relating to the payment of Rent, or if Subtenant fails to renew the L-C at least thirty (30) days before its expiration, Sublandlord after giving Subtenant the applicable notice and cure period for such default, may, but shall not be required to, draw upon all or any damages or deficiency in the reletting portion of the Leased PremisesL-C for payment of any Rent or any other sum in default, providedor for the payment of any amount that Sublandlord may spend or may become obligated to spend by reason of Subtenant’s default, howeveror to compensate Sublandlord for any other loss, cost or damage that any such Sublandlord may suffer by reason of Subtenant’s default. The use, application or retention by Lessor of the whole L-C, or any part of the Security Deposit portion thereof by Sublandlord shall not be prevent Sublandlord from exercising any other right or be deemed to be an election of remedies remedy provided by Lessor this Sublease or viewed as liquidated damagesby law, it being expressly understood intended that Sublandlord shall not first be required to proceed against the L-C and agreed thatshall not operate as a limitation on any recovery to which Sublandlord may otherwise be entitled. Any amount of the L-C that is drawn upon by Sublandlord, notwithstanding such usebut is not used or applied by Sublandlord, application shall be held by Sublandlord and deemed a security deposit (the “L-C Security Deposit”). If any portion of the L-C is drawn upon, Subtenant shall, within five (5) days after written demand therefor, either (i) deposit cash with Sublandlord (which cash shall be applied by Sublandlord to the L-C Security Deposit) in an amount sufficient to cause the sum of the L-C Security Deposit and the amount of the remaining L-C to be equivalent to the amount of the L-C required under this Lease or retention(ii) reinstate the L-C to the amount then required under this Lease, Lessor and if any portion of the L-C Security Deposit is used or applied, Subtenant shall, within two (2) days after written demand therefor, deposit cash with Sublandlord (which cash shall have be applied by Sublandlord to the right L-C Security Deposit) in an amount sufficient to pursue any restore the L-C Security Deposit to the amount required under this Lease, and all other remedies available Subtenant’s failure to it do so shall be a default under the terms this Sublease. If Subtenant shall fully and faithfully perform every provision of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease AgreementSublease to be performed by it, the L-C Security Deposit and/or the L-C, or any balance thereof, shall be returned to Lessee Subtenant within thirty sixty (3060) days after Lessee has vacated and surrendered following the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale later of the Building expiration of the Sublease Term or the Project, Lessor shall have vacating of the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand Subleased Premises by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentSubtenant.

Appears in 1 contract

Sources: Sublease Agreement (Tripath Technology Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously has contemporaneously with -------------- ----------------- the execution of this Lease Agreement a lease deposited with an escrow company mutually agreed upon by Lessee and Lessor to hold in escrow pursuant to the terms of this Section, the sum zero and 00/100 Dollars of FORTY-EIGHT THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($0,000.0048,400.00), hereafter referred to as "security deposit." Lessee and Lessor shall share equally all escrow fees and costs. The security deposit will stay in escrow until Lessor delivers to Lessee evidence, in form and substance reasonably satisfactory to Lessee, of the availability of financing for construction of the Building to be constructed on the demised premises. Once the financing is obtained, the entire amount of the funds held in escrow shall be released to Lessor. At such time TWENTY-FOUR THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($24,200.00) (will be applied toward the “Security Deposit”) second month's basic rent, and the balance shall be held by Lessor as a security deposit. The security deposit shall be held by Lessor during the term hereof without liability for interest, as security for the full and faithful performance by Lessee of each and every termall the terms, covenant and condition covenants conditions of this Lease Agreementlease to be kept and performed by Lessee. Upon an Event Lessor shall not be required to keep the security deposit as a separate fund but may commingle it with Lessor's own funds. If, at any time during the term of Default by Lessee under this Lease Agreementlease, or if Lessee fails to perform any of the terms, provisions rent herein reserved or other payment hereunder required of Lessee is overdue and conditions of this Lease Agreementunpaid, Lessor may usemay, applyat the option of Lessor (but Lessor shall not be required to) appropriate and apply any portion of said security deposit to the payment of any such overdue rent or other payments. Should the security deposit, or retain the whole or any part of the Security Deposit so deposited portion thereof, be appropriated and applied by Lessor for the payment of any overdue rent or other sums due and payable to Lessor by Lessee hereunder prior to termination of this lease, then upon written demand by Lessor, Lessee shall remit to Lessor a sum due Lessor or which Lessor may expend or be required in cash sufficient to expend by reason of the restore said security deposit to TWENTY-FOUR THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($24,200.00). Lessee’s Event of Default or 's failure to perform including, but not limited to, any damages or deficiency in the reletting do so within five (5) days after receipt of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit demand shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms constitute a breach of this Lease Agreement or otherwiselease. In the event that of failure or failures by Lessee shall comply with to keep and perform all of the other terms, covenants and conditions of this Lease Agreementlease to be kept and performed by Lessee, then, at the option of Lessor and after terminating this lease, Lessor may appropriate and apply said security deposit, or so much thereof as Lessor in its sole discretion may reasonably determine to be necessary to compensate Lessor for all loss, cost or damage, including attorneys' fees, sustained or suffered by Lessor due to covenants and conditions, the Security Deposit security deposit shall be returned in full to Lessee within thirty (30) days after Lessee has vacated and surrendered at the Leased Premises in accordance with end of the terms hereof, so long as no Event last extension of Default by Lessee shall then be existing under the terms term of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentlease without interest.

Appears in 1 contract

Sources: Lease Agreement (Cost U Less Inc)

Security Deposit. Lessee ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇▇ ▇eposit of [*] which shall be refunded to the Lessee upon termination of the lease by either party, less any outstanding balance owed to Lessor by Lessee. 4. BASE RENT, UTILITIES, TAXES, FIRE PROTECTION, FACILITY SECURITY COMMON AREA MAINTENANCE: The rent shall be calculated as follows and is based on a triple net format: a. Base rent shall be calculated on Cost per Square Foot basis. The initial Cost per Square Foot shall be $ [*]. b. Lessee shall pay to Lessor simultaneously Lessor, as Additional Rent promptly when the same are due, Tenant's estimated Proportionate Share of the following charges and Tenant's failure to pay such amounts or charges when due shall carry with it the same consequences as Tenant's failure to pay Base Rent: Utilities (Gas/Electric/Water) and Taxes (as related to the property) shall be shared and each tenant shall pay its prorated share based upon the *Portions of this exhibit have been omitted and filed separately pursuant to an application for confidential treatment filed with the execution Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of this Lease Agreement a sum zero 1934, as amended. occupied space (Collision Revision, 88%; All Night Auto(R) 12%. Annually, an accounting of Additional Rent will be made to Lessee and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance any overpayment by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, will be applied against rent due or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting case of underpayment by Lessee, the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed additional amount owed is to be an election of remedies by remitted to Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated of receipt of notice. c. Each business entity operating on the premises shall provide its own telephone and surrendered internet services which shall be billed directly to the Leased Premises in accordance individual business entity. d. LESSOR SHALL SUPPLY the premises with sprinkler and monitored fir▇ protection systems only at no cost to the terms hereofother tenants. e. LESSEE SHALL SUPPLY the facility with theft and vandalism alarm security system and provide Collision Revision and the Rental Car Service with user access codes to arm and disarm the system only at no cost to the other tenants. Administrative access for the security system shall remain with Midnight Auto Franchise Corp. f. All tenants shall be responsible for facility maintenance and cleanliness. This includes all shared common areas. Additionally, so long each tenant shall be responsible for its pro-rata share of Common Area Maintenance and building equipment repairs as no Event required. CAMS shall include: Landscape and Snow Removal as well as normal maintenance of Default by Lessee Heating, ventilation and Air Conditioning Systems, shared utility systems such as plumbing, water and electrical wiring. g. Lessor shall then be existing under solely responsible for the terms of this Lease Agreement. In the event of a sale exterior walls, ▇▇▇▇▇▇▇ion, roof and physical structure of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentpremises.

Appears in 1 contract

Sources: Master Lease and Operations Agreement (Midnight Holdings Group Inc)

Security Deposit. Lessee shall pay to Lessor simultaneously with the execution The LESSEE shall, upon signing of this Lease Agreement a sum zero Contract or conformity to the notice of approval whichever comes earlier, pay the LESSOR an amount equivalent to three (3) months rentals, amounting to ONE MILLION TWO HUNDRED TWENTY THOUSAND FOUR HUNDRED PESOS & 00/100 (Php 1,220,400.00), Philippine Currency, which deposit shall be considered and 00/100 Dollars ($0,000.00) (held by the “Security Deposit”) LESSOR as security for the full and faithful observance and performance by Lessee the LESSEE of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any all of the terms, conditions and provisions of this Contract. In the event of LESSEE's failure to comply with any of the terms and conditions of this Lease AgreementContract, Lessor the LESSOR may, at its option, appropriate and apply the said deposit or a part thereof as may usebe necessary to compensate the LESSOR for whatever expense, apply, loss or retain damage it may sustain on account of such breach by the whole LESSEE. The giving of a security deposit to guarantee the payment of rentals falling due after date does not extinguish or novate the obligation to satisfy the same or impair the right of the LESSOR to terminate and/or to bring an action for unlawful detainer. Should the entire deposit or any part of thereof be appropriated or applied by the Security Deposit so deposited LESSOR, whether for the payment of any rental in arrears or other sums due and payable to the LESSOR by the LESSEE hereunder, then the LESSEE shall, upon written demand by the LESSOR, immediately remit to the LESSOR such amount or amounts as will be sufficient to restore the said deposit to the sum due Lessor or which Lessor may expend or be required to expend by reason of be deposited hereunder, and the Lessee’s Event of Default or LESSEE'S failure to perform including, but not limited to, any damages or deficiency in the reletting do so within five (5) calendar days after receipt of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit demand shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms constitute a breach of this Lease Agreement or otherwiseContract. In If the event that Lessee shall comply LESSEE has fully and faithfully complied with all of the terms, covenants conditions and conditions of this Lease Agreementprovisions hereunder, all utility bills, common area and other charges accruing up to and when the Security Deposit LESSEE vacates the leased premises, said security deposit or any remaining portion thereof shall be returned to Lessee the LESSEE within thirty sixty (3060) calendar days after Lessee LESSEE has actually and permanently vacated the leased premises or until such time that charges for utilities and surrendered the Leased Premises in accordance with the terms hereof, so long common area expenses as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or well as other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies miscellaneous charges have been cured, then determined and applied against the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to security deposit. It is further understood that the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentdeposit shall not earn any interest whatsoever.

Appears in 1 contract

Sources: Lease Agreement (U.S. Auto Parts Network, Inc.)

Security Deposit. Lessee shall pay to deposit with Lessor simultaneously with on the execution signing of this Lease Agreement a sum zero one half of the Security Deposit as defined on the Reference Page and 00/100 Dollars ($0,000.00) (the “Security Deposit”) other one half of the security deposit by January 1, 1999 as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee Lessee's obligations under this Lease AgreementLease, or if Lessee fails to perform any including without limitation, the surrender of possession of the termsPremises to Lessor as herein provided or, provisions and conditions of this Lease Agreementalternatively, Lessee may deliver to Lessor may use, apply, or retain the whole or an unconditional. If Lessor applies any part of said deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the Security Deposit amount so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, applied so that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and full deposit on hand at all other remedies available to it under times during the terms term of this Lease Agreement or otherwiseLease. In Lessor, in the event that Lessee the Demised Premises are sold, shall comply with all transfer and deliver the security, as such, to the purchaser of the terms, covenants Demised Premises and conditions of this Lease Agreement, the shall notify Lessee thereof and thereupon Lessor shall be discharged from any further liability in reference thereto. The Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises less any portions thereof used, applied, or retained by Lessor in accordance with the terms hereofprovisions of this Paragraph 26), so long as no Event of Default by shall be returned without interest to Lessee shall then be existing under after the terms expiration or sooner termination of this Lease Agreementwithout the fault of the Lessee and after delivery of the entire Premises to Lessor in accordance with the provisions of this Lease. Lessee covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and Lessor shall not be bound by any such assignment, encumbrance or attempt thereof. In the event of a sale the insolvency of Lessee or in the event of the Building entry of a judgment declaring Lessee insolvent or bankrupt in any court which is not discharged within sixty (60) days after entry, or in the event a petition is filed by or against Lessee under any chapter of the bankruptcy laws of the State of New Jersey or the ProjectUnited States of America, then and in such event Lessor shall have may require the right Lessee to transfer deposit additional security (herein called the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such "Additional Security Deposit. Lessee shall look solely ") in an amount which in Lessor's sole reasonable judgment would be sufficient to the new landlord for the return adequately assure Lessee's performance of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due all of its obligations under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective including all payments subsequently accruing. Failure of whether or not such delinquencies have been cured, then Lessee to deposit the Additional Security Deposit shall, pursuant thereto within ten (10) days after Lessor's written demand shall constitute a default by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLessee.

Appears in 1 contract

Sources: Lease Agreement (Logimetrics Inc)

Security Deposit. Lessee shall pay (IFRSD) The LESSEE has paid to Lessor simultaneously with the execution LESSOR, the sum of this Lease Agreement a sum zero and 00/100 Dollars ` 2,31,000/- ($0,000.00Rupees Two Lakh Thirty One Thousands Only) equivalent to rental for 03 months security deposit as an interest free refundable security deposit. (the Hereinafter referred to as Security DepositIFRSD”) Such amount of IFRSD and other remain amount has been paid to the LESSOR in the manner as follows; the receipt of which, the LESSOR doth hereby admit and acknowledge. The security for deposit shall be refunded by the full and faithful performance by Lessee LESSOR at the time of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any peaceful handover of the termspremises by the LESSEE to the LESSOR, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or subject to after deduction / adjustments if any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under per the terms of this Lease Agreement lease. (Whether at expiry of the term hereby granted or otherwiseearlier termination of the lease) In the event the LESSOR fails to refund the amounts of IFRSD, that may be due and payable to the LESSEE upon expiry of the lease or its earlier termination/ determination for any reason whatsoever (other than in case of termination referred hereinabove), the LESSOR shall be liable to pay the interest @ 9 % pa, on such amounts due and payable to the LESSEE, from the due date of refund to till the date of actual payment of IFRSD. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, LESSOR sells or transfers the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under demised premises during the terms of the lease, the new purchaser(s), assignees (s) or transferee (s), prior to such sale or transfer shall be made aware of and bound by the terms and conditions contained in this Lease Agreement. In lease deed the event LESSOR shall also obtain acknowledgement of a sale said IFRSD and any other amounts paid by the LESSEE, from such purchaser(s), assignee(s) or transferee(s) or attorneys and of their (new purchaser's) liability to refund the Building or the Project, Lessor shall have the right to transfer the Security Deposit same to the purchaser, LESSEE as per the terms hereof and Lessor shall thereupon be released from all liability for the return under deed of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentlease.

Appears in 1 contract

Sources: Lease Deed

Security Deposit. Lessee On the date of execution hereof, LESSEE shall pay deposit with LESSOR, the amount equivalent to Lessor simultaneously with the execution one month of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) rent (the “Security Deposit”) as security for the full and LESSEE’s faithful performance by Lessee of each and every termits obligations hereunder. Furthermore, covenant and condition on October 1, 2009, LESSEE shall deposit with LESSOR the additional amount of US$303.58 (three hundred three dollars 58/100) lawful currency of the United States of America, to be an integral part of the Security Deposit. LESSOR may retain any amount with no obligation to return the same in case LESSOR applies said sum to comply with LESSEE’s failure to comply with its obligations under this Lease Agreement. Upon an Event of Default by Lessee under this Lease AgreementIf LESSEE fails to pay rent or other charges due hereunder, or if Lessee fails otherwise defaults with respect to perform any of the terms, provisions and conditions provision of this Lease Agreement, Lessor LESSOR may use, apply, or retain the whole use all or any part portion of the Security Deposit so deposited for the payment of rent or other charges in default, or for the payment of any other sum due Lessor or to which Lessor LESSOR may expend or be required become obligated to expend pay by reason of the LesseeLESSEE’s Event default, or to compensate LESSOR for loss or damage which LESSOR may suffer in accordance to what is stipulated in Clause Fourth of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole this agreement. If LESSOR uses all or any part portion of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the termsabovementioned failure, covenants and conditions of this Lease AgreementLESSEE shall, the Security Deposit shall be returned to Lessee within thirty five (305) days after Lessee has vacated and surrendered the Leased Premises receipt of written demand, deposit cash with LESSOR in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right an amount sufficient to transfer restore the Security Deposit to the purchaseramount stated above. At the expiration of the lease term, and Lessor after LESSEE has vacated the Leased Property and LESSOR has received the Leased Property agreement, LESSEE shall thereupon be released from deliver to LESSOR a non debt certificate issued by the public utility companies for each utility in the Leased Property and complied with all liability for the its obligations hereunder, LESSOR shall return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shallto LESSEE, within ten (10) days after demand or so much thereof as has not been applied by LessorLESSOR, be increased without payment of interest to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLESSEE.

Appears in 1 contract

Sources: Lease Agreement (Viasystems Group Inc)

Security Deposit. Lessee shall pay In addition to the Rent, the Lessee/s hereby pays unto the Lessor simultaneously with the execution who accepts and acknowledges due receipt, of this Lease Agreement a further sum zero and 00/100 Dollars of ________________________________EURO ($0,000.00) (the “Security Deposit”) as €_____), that is being paid by way of a security for the full and faithful performance by Lessee deposit in security of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor such amounts which in terms of law or which Lessor may expend or be required to expend this Agreement are payable by reason the Lessee/s. For the avoidance of doubt, it is hereby declared that the liability of the Lessee’s Event /s is in no way limited to the amount paid in terms of Default this clause. It is also being agreed that should the Lessor utilise the security deposit or failure part thereof to perform includingcover a missed Rent payment, but not limited tothe Lessee is bound to replenish the said security deposit to its original amount. Failure to do so will give the Lessor the right to terminate this Agreement. The security deposit paid in terms of this section is to be retained by the Lessor for the duration of the lease and shall be thereafter released by the same Lessor, any damages in part or deficiency in whole, as the case may be made by the Lessee. Provided that the security deposit shall only be released, whether in whole or in part, following inspection of the Property by the Lessor, or its designated agent, and is found to be in the reletting same condition as it was on the Commencement Date, with the exception of that which the Lessor or his agent deems to be fair wear and tear, and verification and confirmation for the release of payment shall be made by the Lessee/s of all such amounts, which in terms of law or of this Agreement may be made. Attached hereto, is an inventory containing all the movable present in the Property, and such list includes details of the Leased Premises, provided, howevercondition in which the movables are being delivered to the Lessee/s, that any such use, application or retention is being marked and attached to this Agreement as “INVENTORY”. The payment by the Lessee/s to the Lessor of the security deposit set out in this section and its eventual refund, whether in whole or in part, shall not release the Lessee/s from the obligation to pay any other amounts which in terms of law or of this Agreement are payable to the Lessor. The security deposit may not be used to pay the last month’s Rent, unless specifically allowed by the Lessor. The Lessor shall be freely entitled to set-off and thereafter retain, the security deposit or part thereof, against the unpaid portion of such amounts which in terms of law or this Agreement are payable to the Lessor and is hereby granting its full consent for such set-off or retention. Should damages and/or other expenses be sustained by the Lessor in relation to the lease or the Property owing to the fault of the Security Deposit shall not be or be deemed to be an election of remedies Lessee/s, which exceed the sum held by the Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementsecurity deposit, the Security Deposit Lessee/s shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered remain responsible for the Leased Premises in accordance with the terms hereof, so long as no Event payments of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit such amounts to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 1 contract

Sources: Long Private Residential Lease

Security Deposit. LETTER OF CREDIT (a) SECURITY DEPOSIT: On the date of this Agreement, Lessee shall pay the Security Deposit to Lessor simultaneously with the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Lessor. The Security Deposit”) as Deposit shall constitute additional security for the full and faithful performance by Lessee of each its obligations under this Agreement, and every term, covenant and condition of this Lease Agreement. Upon the following provisions shall apply: (i) If an Event of Default by Lessee under this Lease Agreementoccurs and for as long as it continues, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole (but shall not be obligated to) apply all or any part portion of the Security Deposit so deposited for the payment in or towards satisfaction of any sum sums due and payable to the Lessor under this Agreement or to compensate the Lessor for any sums which Lessor may it may, in its discretion, advance or expend as a result of any such Event of Default. Notwithstanding any such use or be required to expend application by reason of the Lessor, the Lessee shall remain in default under this Agreement until the full amount owed by the Lessee’s Event of Default , including interest accrued thereon pursuant to Clause 5.9, shall have been paid to the Lessor. If the Lessor so uses or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole applies all or any part portion of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damagesDeposit, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all immediately, on demand of the termsLessor, covenants replenish the Security Deposit in an amount equal to the amount so used or applied within five Business Days after Lessor's demand therefor. (ii) Lessor may commingle the Security Deposit with its general funds, and conditions of this Lease Agreement, any interest earned on the Security Deposit will be for Lessor's account. (iii) The Security Deposit shall be returned to the Lessee within thirty five Business Days of (301) days after redelivery of the Aircraft to the Lessor in the condition required by Clause 12 of, and Schedule 3 to, this Agreement, (2) receipt by the Lessor of the Agreed Value following a Total Loss and all other amounts due under Clause 11.1 (b), or (3) at such later time as the Lessor is satisfied that the Lessee has vacated and surrendered irrevocably paid to the Leased Premises in accordance with Lessor all amounts which are at that time outstanding under this Agreement; provided always that the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right not be obliged to transfer return the Security Deposit to if, at the purchaserrelevant time, a Default shall have occurred and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentcontinuing.

Appears in 1 contract

Sources: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Security Deposit. As security for the performance of all of the obligations owed by it under the Lease and the payment of all sums due by the Lessee (Rent, charges, reimbursable taxes, occupation indemnities, immobilisation indemnities, cost of repairs and works which are the responsibility of the Lessee on vacating the premises, etc.), the Lessee shall pay to Lessor simultaneously with the execution Lessor, on the date of signature of this Lease Agreement agreement, a sum zero security deposit equal to three (3) months of Rent excluding taxes under those conditions set forth in the Special Terms and 00/100 Dollars ($0,000.00) (Conditions. At the “Security Deposit”) as security for the full and faithful performance by Lessee time of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any index-linked adjustment of the termsRent, provisions the security deposit shall be adjusted proportionally to the new Rent under the same conditions, so that it shall always correspond to one quarter of the annual Rent in force. This deposit shall be conserved by the Lessor throughout the entire duration of the Lease and shall not bear interest, cannot be deducted from the last instalments of Rent, and shall be reimbursable to the Lessee three months following the end of the Lease or the effective departure of the Lessee, after removals and return of the keys to the Lessor, subject to the Lessee’s performance of all of the clauses and conditions of this Lease Agreementthe Lease, including in particular after substantiating the payment of all taxes, the performance of repairs which are the responsibility of the Lessee, the deduction of any sums which it may still owe to the Lessor may useor which the Lessee is liable for in any respect whatsoever, apply, and the deduction of any sums for which the security deposit is intended as security to guarantee their payment. The Lessee shall not under any circumstances be entitled to set off all or retain the whole or any part of the Security Deposit so deposited Rent, charges or other sums due to the Lessor against the security deposit. If, for any reason whatsoever, the security deposit should be used during the lease for the payment of any sum sums due Lessor or pursuant to the Lease, the Lessee shall then reconstitute the deposit, failing which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit Lease termination clause shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseapply. In the event that Lessee shall comply with all insolvency proceedings are begun against the Lessee, the amount of the termssecurity deposit shall be fully and automatically set off against sums due to the Lessor which are the subject of a declaration of debts pursuant to the provisions of Articles L. 622–7 and L. 622-24 of the Commercial Code, covenants and conditions of as the liability to return the security deposit is necessarily connected to any receivable arising under this Lease Agreementlease. In this event, the Security Deposit continuation of the commercial lease by the administrator, receiver or liquidation trustee pursuant to the Law of 26 July 2005, as codified in the Commercial Code, shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered have the Leased Premises imperative consequence of reconstitution of the security deposit due in accordance with the terms hereofSpecial Terms and Conditions, so long independently of the payment of Rent and charges arising as no Event a consequence of Default by the option thereby exercised. If the Property is transferred, the amount of the security deposit in the Lessor’s possession shall be transferred to the new lessor on mere notification to the Lessee. The Lessee expressly acknowledges that its claim to the security deposit shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely automatically transferred to the new landlord lessor, without other formality, such that it may not make any claim whatsoever for reimbursement of the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then security deposit from the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.

Appears in 1 contract

Sources: Commercial Lease (Icon PLC)

Security Deposit. Lessee shall pay to Lessor simultaneously with the (a) Upon execution of this Lease Agreement a Sublease Agreement, Sublessee shall pay Sublessor the sum zero and 00/100 Dollars (of $0,000.00) (the “Security Deposit”) 4,333.88, equivalent to one months' rent, as security for the full and faithful performance and observance by Lessee the Sublessee, of each the terms, provisions and every term, covenant and condition conditions of this Lease Sublease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails It is agreed that in the event the Sublessee defaults in respect to perform any of the terms, provisions and conditions of this Lease Sublease Agreement, Lessor including but not limited to the payment of Base Rent and Additional Charges, Sublessor may use, apply, apply or retain the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any Base Rent or any other sum due Lessor as to which Sublessee is in default, or for any reasonable sum which Lessor Sublessor may expend or may be required to expend by reason of Sublessee's default in respect of any of the Lessee’s Event terms, covenants and conditions of Default or failure to perform includingthis Sublease Agreement, including but not limited to, any damages or deficiency in the reletting of the Leased Premises, providedwhether such damages or deficiency accrued before or after summary proceedings, however, that any such use, application or retention other re-entry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. Sublessor. (b) In the event that Lessee shall comply Sublessee has fully and faithfully complied with all of the terms, provisions, covenants and conditions of this Lease AgreementSublease Agreement as of December 31, 2004, the Security Deposit security deposit, $4,333.18, shall be returned credited to Lessee within thirty Sublessee, without interest, to cover the January, 2005 rental payment for the Premises. (30c) days after Lessee has vacated Sublessee further covenants that it will not assign or encumber, or attempt to assign or encumber, the monies deposited herein as security, and surrendered the Leased Premises in accordance with the terms hereofthat neither Sublessor, so long as no Event of Default nor its successors or assigns shall be bound by Lessee shall then be existing under the terms of this Lease Agreement. any such assignment, encumbrance, attempted assignment or attempted encumbrance. (d) In the event of a sale any bankruptcy or other proceeding against the Sublessee, it is agreed that all such security deposit hereunder shall be deemed to be applied by Sublessor to rent, sales tax and other charges due to Sublessor, for the last month of the Building or the ProjectSublease Term, Lessor shall have the right to transfer the Security Deposit and each preceding month, until such security deposit is fully applied. No trust relationship is created herein between Sublessor and Sublessee with respect to the purchaser, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentdeposit.

Appears in 1 contract

Sources: Sublease Agreement (Apollo Gold Corp)

Security Deposit. Lessee The Camper shall pay to Lessor simultaneously with the Owner, upon the execution of this Lease Agreement contract, a one time security deposit in the sum zero of $500 OR The Camper also agrees to indemnify and 00/100 Dollars save harmless the Owner, its officers, employees, agents, and servants from all claims, suits, actions ($0,000.00and damages arising there from) (which may be brought against the “Security Deposit”) as security for owner, its officers, employees, agents and servants arising in any manner whatsoever at the full and faithful performance Campsite from any acts or failure to act by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreementthe Camper, or if Lessee fails the Campers employees, agents, servants, and guest. The Camper shall pay all removal costs, storage and miscellaneous charges incurred by the owner. The Owner shall give the Camper 15 days notice of such charges and should the Camper not pay to perform any the owners such charges with 15 days after receipt of such notice, the terms, provisions owner shall have the right to sell the Trailer and conditions of this Lease Agreement, Lessor may use, apply, or retain its contents and apply the whole or any part of sale proceeds to pay all monies owing by the Security Deposit so deposited for camper to the Owner. Any proceeds remaining after the payment of such costs shall be paid to the Camper. In the event that this Site shall be repossessed under the terms of this contract any sum due Lessor or which Lessor may expend or be required to expend by reason of goods including any trailer that the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in Camper has left on the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit Site shall not be or be deemed to be an election article as defined by the Repair and Storage Liens Act of remedies Ontario,(hereinafter referred to as "the Act"), may be removed by Lessor or viewed as liquidated damages, it being expressly understood the owner who shall be deemed to be a lien claimant and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it ▇▇▇▇▇▇ under the terms Act, to whatever location the owner deems appropriate and the Owner in such removal and storage will not be responsible for any loss or damage to such goods. The Camper will be responsible for any storage costs and moving costs incurred, together with any outstanding rent or charges or any other monies due under this agreement and the owner may recover costs and/or monies due under this agreement and the Owner may recover costs and/or monies owing in accordance with the provisions of this Lease Agreement or otherwisethe Act. SALE OF TRAILER ON SITE In the event that I complete a sale of my trailer situated at Green Acre Park while the same trailer is situated on the site. I agree to pay to Green Acre Park a division of Mar-View Farms Limited a fee of $895 + HST in cash immediately upon the completion of said sale. The Green Acre Park management must approve all new prospective owners before the sale of the trailer is complete. In the event that Lessee shall comply with all the seller does not pay the required fee on final closing date, we the management of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have Green Acre Park reserve the right to transfer remove the Security Deposit trailer from the site without compensation to buyer or seller. The camper's 1st installment is non refundable. $50 service charge will be paid to the purchaserOwner for any NSF (insufficient funds) cheque. See Schedule B Seasonal Rates. Date at Waterloo, Ontario this day of , 20 . Mar-View Farms Limited, Green Acre Park Per: Name: ▇▇▇▇▇ ▇▇▇▇▇▇, President I have authority to bind the corporation Camper Signature: Print: Camper Signature: Print: Witness Signature: Print: The camper must confirm departure and Lessor shall thereupon be released from all liability for the arrival within one day of departure date and one day of return of such Security Deposit. Lessee shall look solely date to the new landlord for the return of such Security Depositpark. If Lessee shall fail Confirmation will be made by email to pay Rent ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent.▇▇▇▇▇▇ at 519-885-1758. DEPARTURE: 20 RETURN: 20

Appears in 1 contract

Sources: Campsite Agreement

Security Deposit. (a) Lessee shall pay to Lessor has, simultaneously with the execution of this Lease Agreement a Lease, deposited with Lessor, in cash or by check subject to collection, the sum zero of Ten Thousand and 00/100 No/100 Dollars ($0,000.00) (the “Security Deposit”) 10,000.00). Said deposit shall be held as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, covenants, provisions and conditions of this Lease AgreementLease. It is agreed that in the event Lessee defaults in respect to any of the terms, covenants, provisions and conditions of this Lease, including (but not limited to) the payment of Base Rent or Additional Rent, and fails to cure any such defaults within applicable grace periods, Lessor may use, apply, apply or retain appropriate the whole or any part of the Security Deposit security so deposited to the extent required for the payment of any sum due Lessor Base Rent or which Lessor may expend Additional Rent or be required for the curing of any defaults by Lessee hereunder pursuant to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, Paragraph 29 hereof; provided, however, that any no such use, application application, or retention by Lessor appropriation of the whole or any part of the Security Deposit deposit shall not be or be deemed to be an election relieve Lessee of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms breach of this Lease Agreement and shall be in addition to other remedies under this Lease. (b) Should the entire deposit or otherwise. In any portion thereof be appropriated and applied by Lessor under the event that foregoing provisions, then Lessee shall comply with all (upon the written demand of Lessor) forthwith remit to Lessor a sufficient amount in cash to restore said security to the termsoriginal sum deposited, covenants and conditions Lessee's failure to do so within ten (10) days after receipt of such demand shall itself constitute an event of default under this Lease Agreement, the Security Deposit Lease. (c) The security deposit (less any amounts applied as provided in subsection (a) above) shall be returned to Lessee within thirty (30) days after Lessee has vacated the date fixed as the end of the Term of this Lease and surrendered delivery of entire possession of the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. to Lessor. (d) In the event of a sale sale, leasing or other transfer of the Building or land and building of which the ProjectLeased Premises forms a part, Lessor shall have the right to transfer the Security Deposit to the purchaser, security and Lessor shall thereupon be released by Lessee from all liability for the return of such Security Depositsecurity deposit. Lessee shall look solely to the new landlord Lessor solely for the return of said deposit. The provisions of this Paragraph 4(d) shall apply to every transfer or assignment made of the security deposit to a new Lessor. (e) Lessee covenants that it will not assign or encumber or attempt to assign to encumber the security deposited herein and that neither Lessor nor its successors or assigns shall be bound by any such Security Deposit. If assignment, encumbrance, attempted assignment or attempted encumbrance. (f) Lessee shall fail not be entitled to pay Rent any interest on the security deposit, and such funds need not be segregated or other sums when due held as escrow by Lessor. (g) It is expressly understood and agreed that, in the event of any termination of this Lease or re-entry upon or reletting of the Leased Premises on account of any default on the part of Lessee under this Lease, then, and in such event, the deposit shall be retained and be subject to appropriation by Lessor until this Lease Agreement more than three (3) times in any twelve (12) month periodwould, irrespective of whether or not by its terms, have expired absent such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentdefault.

Appears in 1 contract

Sources: Assignment and Assumption of Leases (North American Vaccine Inc)

Security Deposit. Lessee Any amount paid to LESSOR as a Security ---------------- Deposit pursuant to Section 8(a) or Section 8(b) hereof shall pay to Lessor simultaneously with be held by LESSOR ------------ ------------ during the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) Term as security for the full and faithful punctual performance by Lessee LESSEE of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of its obligations hereunder. During the terms, covenants and conditions of this Lease AgreementTerm, the Security Deposit shall be returned for LESSOR's sole and exclusive use and may be commingled by LESSOR with other funds. LESSOR may, but shall not be obligated to, apply the Security Deposit, in whole or in part for the payment of any Rent and any other amount owing from time to Lessee within thirty (30) days after Lessee has vacated and surrendered time by LESSEE hereunder, or utilize the Leased Premises Security Deposit in accordance with the terms hereofwhole or in part to perform any of LESSEE's obligations hereunder or otherwise remedy any Default, so long as no Event without prejudice to any other remedy of Default by Lessee LESSOR. LESSEE shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right not attempt to transfer subject the Security Deposit to any Lien or to assign any interest therein to any Person. LESSOR shall be entitled to the purchaserremedy of offset against and application of the Security Deposit, without any prior notice to or demand against LESSEE (except to the extent otherwise required by applicable law), all of which are hereby waived. If LESSOR uses or applies all or a portion of the Security Deposit, such application shall not be deemed a cure of any Default, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than LESSEE shall, within three (3) times Business Days after LESSOR's demand therefor, deposit with LESSOR in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then immediately available funds an amount sufficient to restore the Security Deposit shallto its total amount immediately prior to such application. Within fifteen (15) Business Days after redelivery of the Engines to LESSOR by LESSEE in conformity with the provisions of Section 10 hereof, within and ---------- provided LESSEE has paid in full of all amounts owing by LESSEE hereunder and performed all of its obligations hereunder, LESSOR will return to LESSEE the Security Deposit, less any amounts applied by LESSOR and not replenished by LESSEE. Any amounts held by LESSOR as a Security Deposit shall bear simple interest at a rate equal to ten percent (10%) days after demand per annum. All interest accrued in respect of the Security Deposit shall be kept and held by LessorLESSOR as additional security hereunder and, be increased to an amount equal subject to the greater same conditions of (i) three (3) times return as if it had been part of the aforesaid amount or (ii) three (3) months rentSecurity Deposit.

Appears in 1 contract

Sources: Engine Security Agreement (Tower Air Inc)

Security Deposit. Lessee shall pay has paid an amount equal to Basic Rent for two full calendar months (the "Security Deposit") to Lessor simultaneously with upon the execution delivery of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, provision, covenant and condition of this Lease Agreementon the part of Lessee to be performed ("Lessee's obligations hereunder"). Upon an Event Lessee acknowledges that the Security Deposit has been delivered by Lessor to Mortgagee as additional security for Lessor's obligations secured by the Mortgage. If Lessee defaults in respect of Default by Lessee under this Lease Agreement, or if Lessee fails to perform any of the termsLessee's obligations hereunder, provisions and conditions including but not limited to payment of this Lease AgreementBasic Rent or Additional Rent, Lessor may may, but shall not be required to, use, apply, apply or retain the whole or any part of the Security Deposit so deposited security for the payment of any sum due Lessor Basic Rent and Additional Rent in default or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform includingLessor's damages arising from such default, but not limited to, any whether such damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application accrue before or retention after summary proceedings or other reentry by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwiseLessor. In the event that If Lessee shall fully and faithfully comply with all of Lessee's obligations hereunder the termssecurity, covenants and conditions of this Lease Agreementor any balance thereof, the Security Deposit shall be returned to Lessee within thirty (30) days after Lessee has vacated and surrendered the Leased Premises in accordance with time fixed as the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale expiration of the Building or Term including any extension thereof) and after the Project, removal of Lessee and surrender of possession of the Demised Premises to Lessor. Whenever and as often as the amount of the security held by Lessor shall have the right to transfer the Security Deposit to the purchaserbe diminished by Lessor's application thereof, and Lessor shall thereupon be released from all liability for the return of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor's request therefor, be increased deposit additional money with Lessor sufficient to an amount equal restore the security to the greater aforesaid original amount. In the absence of evidence satisfactory to Lessor of an assignment by Lessee of the right to receive the security, or the remaining balance thereof, Lessor may return the security to the original Lessee, regardless of one or more assignments of this Lease. In case of a sale or transfer of Lessor's interest, in the Demised Premises or any other cessation of Lessor's interest therein, whether in whole or in part, Lessor (ior any successor to Lessor's interest) three may pay over any unapplied part of said security to any successor lessor hereunder and from and after such payment Lessor (3or such successor) times shall be relieved of all liability with respect thereto. The Lessor shall not be required to segregate the aforesaid amount Security Deposit or (ii) three (3) months rent.to pay interest thereon. [The remainder of this page is intentionally left blank]

Appears in 1 contract

Sources: Lease Agreement (Holiday Rv Superstores Inc)

Security Deposit. Pursuant to the Prior Existing Lease, the sum of $49,000.00 had been deposited with lessor thereunder as additional security to it for the rent and other payments therein provided to be made by Lessee thereunder. Said sum of $49,000.00 shall, upon the commencement of the term of this Lease, be deposited with and held by Lessor pursuant to this Lease as additional security to it for the rent and other payments herein provided to be made by Lessee, and Lessor may at any time at Lessor’s sole discretion take therefrom the amount of any payment or payments as to which Lessee may be in default hereunder. If at any time the Demised Premises shall be abandoned by Lessee or Lessee’s right of possession shall be terminated or if this Lease shall be cancelled and terminated by Lessor pursuant to the provisions hereof on account of a default by Lessee, Lessor may, at its discretion, relet the Demised Premises for the remainder of the term hereof, or such portion of said term as it may determine, and may reimburse itself out of any money then so held by Lessor so far as it extends for any deficiency in rent, expenses in connection with reletting and other payments then due or to become due hereunder up to the termination of this Lease, paying the surplus, if any, to Lessee. Commencing with the date when the first monthly rent payment is due hereunder, and continuing so long as Lessee is not in default hereunder, Lessee shall pay be entitled to a credit each month on the rent herein reserved equal to one-twelfth (1/12) of five percent (5%) of that portion of said sum deposited in cash then so held by Lessor simultaneously with the execution of this Lease Agreement a as security. Said sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee of each and every term, covenant and condition of this Lease Agreement. Upon an Event of Default by Lessee under this Lease Agreementdeposited, or if Lessee fails to perform any that portion of the termssaid sum then held by Lessor, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreement, the Security Deposit shall be returned to Lessee within thirty (30) days on the expiration of the lease term and after Lessee has vacated the Demised Premises, provided Lessee has fully and surrendered faithfully performed all the Leased Premises in accordance with the terms hereof, so long as no Event of Default covenants and agreements by Lessee shall then herein agreed to be existing under performed and has made all the terms of this Lease Agreementpayments by Lessee agreed to be made hereunder. In the event of a sale of the Building or the ProjectPremises, Lessor shall have the right to transfer the Security Deposit security to the purchaser, vendee and Lessor shall thereupon be released from all liability for the return of such Security Deposit. security, and Lessee shall look solely to the new landlord lessor for the return of such Security Depositsecurity. If Lessee shall fail to pay Rent not assign or other sums when due under this Lease Agreement more than three (3) times in encumber the sum deposited as security, and neither the Lessor nor its successors and assigns shall be bound by any twelve (12) month period, irrespective of whether such assignment or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentencumbrance.

Appears in 1 contract

Sources: Lease (Bway Corp)

Security Deposit. Lessee shall pay to Lessor simultaneously with the execution amount set out in the Lease Summary as the amount of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the Security Deposit”) Deposit as security for the timely, full and faithful performance by Lessee of each and every term, provision, covenant and condition of this Lease Agreement(the “Security Deposit”). Upon an Event Lessee shall pay the Security Deposit to Lessor in cash upon execution of Default by Lessee under this Lease Agreement, or if by Lessee. In the event Lessee fails to timely and fully perform any of the terms, provisions and provisions, covenants or conditions of this Lease AgreementLease, including but not limited to the payment of Rent, Lessor may use, apply, apply or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor Rent not so paid; for the repair of damage to the Premises, the Building or the Common Area for which Lessor may expend Lessee is responsible; for the performance of the obligations of Lessee; for the cleaning and repair of the Premises upon the expiration or be termination of the Term; or for any other purpose required to expend or necessitated in Lessor’s discretion by reason of the Lessee’s Event of Default or failure to timely and fully perform includingthe obligations of Lessee under this Lease, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not in no event be or be deemed to be an election of remedies by Lessor or viewed construed as liquidated damages, it being expressly understood . Should Lessee faithfully and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any fully perform and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, provisions, covenants and conditions of this Lease AgreementLease, the Security Deposit or any balance thereof, shall be returned to Lessee or, at the option of Lessor, to the last assignee of Lessee’s interest in this Lease within thirty (30) days after Lessee has vacated following the expiration of the Term. Lessor shall not be required to segregate the Security Deposit from Lessor’s general accounts and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then not be existing under entitled to any interest on the terms of this Lease AgreementSecurity Deposit. In the event that the Security Deposit, or any portion thereof, is appropriated and applied by Lessor for the payment of overdue Rent or otherwise used or applied by Lessor as provided in this ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ shall, within five (5) days after written demand by Lessor, remit to Lessor a sale of the Building or the Project, Lessor shall have the right sufficient cash amount to transfer restore the Security Deposit to its full original amount. In the purchaserevent that Lessor conveys or transfers the Property, and Lessor shall thereupon be released from all liability for the return as a part of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent conveyance or other sums when due under transfer, Lessor assigns its interest in this Lease Agreement more than three (3) times in any twelve (12) month periodLease, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall(or so much of the Security Deposit that has not been applied as provided in this Paragraph 5) shall be transferred to Lessor’s grantee, within ten (10) days after demand by Lessortransferee, assignee, or successor, and upon such transfer Lessor shall be increased released and discharged from any further liability to an amount equal Lessee with respect to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentSecurity Deposit.

Appears in 1 contract

Sources: Lease Agreement (Central Coast Bancorp)

Security Deposit. Lessee shall pay to Lessor simultaneously with the execution of this Lease Agreement provide a sum zero and 00/100 Dollars security deposit ($0,000.00) (the “Security Deposit”) as security for in the full and faithful performance amount of Twenty-Five Thousand Dollars ($25,000.00), in the form of an irrevocable letter of credit, in form reasonably satisfactory to Lessor (the “Letter of Credit”), which deposit shall be held by Lessor strictly in accordance with the terms of this Lease. Upon expiration or earlier termination of this Lease, the Letter of Credit, less any amounts due or owing to Lessor by Lessee of each and every term, covenant and condition pursuant to the terms of this Lease Agreementshall be released by Lessor to Lessee. Lessor shall not draw upon the Letter of Credit without first giving Lessee notice of such default and an opportunity to cure the same in accordance with the terms of this Lease. Within fifteen (15) calendar days following the application of said Letter of Credit to correct any default by ▇▇▇▇▇▇, or to pay any amount due or owing upon expiration or earlier termination of this Lease, Lessor shall provide Lessee with an accounting of such application. Upon default(s) by ▇▇▇▇▇▇, after first giving notice thereof and an Event of Default by Lessee under this Lease Agreement, or if Lessee fails opportunity to perform any of cure the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of the Security Deposit so deposited for the payment of any sum due Lessor or which Lessor may expend or be required to expend by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency in the reletting of the Leased Premises, provided, however, that any such use, application or retention by Lessor of the whole or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed same as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retentionprovided hereinabove, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all apply so much of the termsSecurity Deposit, covenants and conditions in its reasonable discretion by drawing against the Letter of this Lease AgreementCredit such amounts as are necessary, to cure such default(s) or pay any expenses incurred as a result of such default(s). Lessee shall, upon demand, restore any portion of the Security Deposit shall which may be returned applied by Lessor to Lessee within thirty (30the cure of any default(s) days after Lessee has vacated and surrendered the Leased Premises in accordance with the terms hereof, so long as no Event of Default by Lessee shall then be existing under the terms of this Lease Agreement▇▇▇▇▇▇. In the event of a sale or transfer of Lessor’s interest in the Building or the ProjectLeased Premises, Lessor shall have the right to transfer its rights under the Security Deposit Letter of Credit to the purchaserpurchaser or landlord, as the case may be, and provided such purchaser or landlord has accepted responsibility for the holding, application and return of the same in accordance with the terms of this Lease and notified Lessee of such assumption of responsibility, upon any such transfer Lessor shall thereupon be released from relieved of all liability to Lessee for the return of such the Security Deposit. , and Lessee shall look solely to the new purchaser or landlord for the return of such the Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the The Security Deposit shall, within ten (10) days after demand shall not be considered an advance payment of rent or a measure of Lessor’s damages in case of default by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rent▇▇▇▇▇▇.

Appears in 1 contract

Sources: Lease Agreement

Security Deposit. Lessee shall pay to Lessor simultaneously with To secure the execution of this Lease Agreement a sum zero and 00/100 Dollars ($0,000.00) (the “Security Deposit”) as security for the full and faithful performance by Lessee Tenant of each all the covenants, conditions and every term, covenant and condition of agreements in this Lease Agreement. Upon an Event set forth and contained on the part of Default Tenant to be fulfilled, kept, observed and performed including, but not by Lessee under way of limitation, such covenants and agreements in this Lease Agreementwhich become applicable upon the termination of the same by re-entry or otherwise, Tenant has deposited with Agent the Security Deposit as specified in Section 1(N) on the understanding that: (a) the Security Deposit or any portion thereof not previously applied, or if Lessee fails from time to perform time, such one or more portions thereof, may be applied to the curing of any of default that may then exist, without prejudice to any other remedy or remedies which Landlord may have on account thereof, and upon such application Tenant shall pay Agent on demand the terms, provisions and conditions of this Lease Agreement, Lessor may use, apply, or retain the whole or any part of amount so applied which shall be added to the Security Deposit so the same may be restored to its original amount; (b) should the Property be conveyed by Landlord or should Agent cease to be the agent of the beneficiaries of Landlord, the Security Deposit or any portion thereof not previously applied may be turned over the Landlord's grantee or the new agent, as the case may be, and if the same be turned over as aforesaid, Tenant hereby releases Landlord and Agent from any and all liability with respect to the Security Deposit and/or its application or return; (c) Landlord shall have no personal liability with respect to said sum and Tenant shall look exclusively to Agent or its successors for return of said sum when Tenant is entitled hereunder to such return; (d) Agent or its successor shall not be obligated to hold the Security Deposit as a separate fund, but on the contrary may commingle the same with its other funds; (e) if Tenant shall faithfully fulfill, keep, perform and observe all of the covenants, conditions and agreements in this Lease set forth and contained on the part of Tenant to be fulfilled, kept, performed and observed, the sum deposited for or the payment portion thereof not previously applied, shall be returned to Tenant without interest no later than thirty (30) days after the expiration of the Term of this Lease or any sum due Lessor renewal or which Lessor extension thereof, provided Tenant has vacated the Premises and surrendered possession thereof to Landlord at the expiration of said Term or any extension or renewal thereof as provided herein; (f) in the event that Landlord terminates the Lease or Tenant's right to possession pursuant to Section 28 of this Lease, Agent may expend apply the Security Deposit against damages suffered to the date of such termination and/or may retain the Security Deposit to apply against such damages as may be suffered or be required to expend shall accrue thereafter by reason of the Lessee’s Event of Default or failure to perform including, but not limited to, any damages or deficiency Tenant's default; (g) in the reletting of the Leased Premisesevent any bankruptcy, providedinsolvency, howeverreorganization or other creditor-debtor proceedings shall be instituted by or against Tenant, that any such use, application or retention by Lessor of the whole its successors or any part of the Security Deposit shall not be or be deemed to be an election of remedies by Lessor or viewed as liquidated damages, it being expressly understood and agreed that, notwithstanding such use, application or retention, Lessor shall have the right to pursue any and all other remedies available to it under the terms of this Lease Agreement or otherwise. In the event that Lessee shall comply with all of the terms, covenants and conditions of this Lease Agreementassigns, the Security Deposit shall be returned deemed to Lessee within thirty (30) days after Lessee has vacated be applied first to the payment of any Rent or Additional Rent due Landlord for all periods prior to the institution of such proceedings, and surrendered the Leased Premises in accordance with the terms hereofbalance, so long as no Event if any, of Default by Lessee shall then be existing under the terms of this Lease Agreement. In the event of a sale of the Building or the Project, Lessor shall have the right to transfer the Security Deposit may be retained or paid to the purchaser, and Lessor shall thereupon be released from all liability for the return Landlord in partial liquidation of such Security Deposit. Lessee shall look solely to the new landlord for the return of such Security Deposit. If Lessee shall fail to pay Rent or other sums when due under this Lease Agreement more than three (3) times in any twelve (12) month period, irrespective of whether or not such delinquencies have been cured, then the Security Deposit shall, within ten (10) days after demand by Lessor, be increased to an amount equal to the greater of (i) three (3) times the aforesaid amount or (ii) three (3) months rentLandlord's damages.

Appears in 1 contract

Sources: Sublease (Quintus Corp)