Common use of Use of Security Deposit Clause in Contracts

Use of Security Deposit. The Security Deposit shall be held by Landlord as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. Landlord may use, apply or retain all or any portion of the Security Deposit for the payment of any past due rent or for the payment of any other sum to which Landlord may become entitled under this Lease or by law by reason of Tenant’s default or to compensate Landlord for any direct loss or damage which Landlord may suffer including, without limitation, the cost of replacing or repairing any equipment damaged or removed from the Premises and the cost of repairing any damage to the Premises or the Building. Tenant shall have no right to apply the Security Deposit or any portion thereof to any rent hereunder, but the Security Deposit may be so applied, at Landlord’s option, from time to time. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to the full amount of the Security Deposit and Tenant’s failure to do so shall be a Default under this Lease. Landlord’s application of any portion of the Security Deposit shall not cure any Default hereunder and Landlord shall be free to exercise such other rights and remedies as provided hereunder, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no damages to the Premises or the remainder of the Property caused by Tenant or its employees, agents or contractors, the Security Deposit (or so much thereof as has not theretofore been applied by Landlord or returned to Tenant), shall be returned to Tenant within forty-five (45) days after the expiration of the Term and after Tenant has vacated the Premises. Upon written request made by Tenant to Landlord sent after the expiration of the first twelve (12) full calendar months for which Tenant is obligated to pay Basic Monthly Rent hereunder, the Tenant shall be entitled to the return of Ten Thousand Two Hundred Ninety-Four Dollars and 88/100 ($10,294.88) out of the Security Deposit; provided however, that if Tenant is or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return of such portion of the Security Deposit.

Use of Security Deposit. The Security Deposit shall be held by Landlord as security for 31.1 In the faithful performance and observance event of a Default by Tenant in respect of any of the terms, provisions and covenants or conditions of this Lease. , Landlord may use, apply or retain all the whole or any portion part of the Security Deposit to the extent required for the payment of any past due rent Basic Rent, Additional Rent or for the payment of any other sum as to which Tenant is in Default or for any sum which Landlord may become entitled under this Lease expend or by law may be required to expand by reason of Tenant’s default 's Default in respect of any of the terms, covenants or to compensate Landlord for conditions of this Lease, including but not limited to, any direct loss damages or damage which Landlord may suffer including, without limitation, deficiency accrued before or after summary proceedings or other re-entry by Landlord. In the cost of replacing or repairing any equipment damaged or removed from the Premises and the cost of repairing any damage to the Premises or the Building. event that Tenant shall have no right to apply the Security Deposit or any portion thereof to any rent hereunder, but the Security Deposit may be so applied, at Landlord’s option, from time to time. If Landlord so uses or applies fully and faithfully comply with all or any portion of the Security Depositterms, Tenant shall within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to the full amount covenants and conditions of the Security Deposit and Tenant’s failure to do so shall be a Default under this Lease. Landlord’s application of any portion of the Security Deposit shall not cure any Default hereunder and Landlord shall be free to exercise such other rights and remedies as provided hereunder, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no damages to the Premises or the remainder of the Property caused by Tenant or its employees, agents or contractors, the Security Deposit (or so much thereof as has not theretofore been applied by Landlord or returned to Tenant), shall be returned to Tenant within forty-five thirty (4530) days after the expiration Expiration Date and after delivery of possession of the Term and after Tenant has vacated the PremisesPremises to Landlord. Upon written request made by Tenant to Landlord sent after the expiration of the first twelve (12) full calendar months for which Tenant is obligated to pay Basic Monthly Rent For all purposes hereunder, the Tenant security deposit shall be entitled deemed additional rent. 31.2 In the event of a sale of the Real Property or a leasing thereof, Landlord shall have the right to transfer the Security Deposit to the vendee or Tenant, as the case may be, and Landlord shall thereupon be released by Tenant from all liability for the return of Ten Thousand Two Hundred Ninety-Four Dollars such Security Deposits and 88/100 ($10,294.88) out Tenant agrees to look to the new landlord solely for the return of the Security Deposit; provided however, and it is agreed that if Tenant is the provisions hereof shall apply to every transfer or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return of such portion assignment made of the Security Deposit.Deposit to a new landlord. Tenant further covenants that it will not assign or encumber or attempt to assign or encumber the Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. ARTXCLE XXXII Definition of Landlord

Use of Security Deposit. The Security Deposit shall be held by Landlord as security for 29.1. In the faithful performance and observance event of a Default by Tenant in respect of any of the terms, provisions and covenants or conditions of this Lease. , Landlord may use, apply or retain all the whole or any portion part of the Security Deposit to the extent required for the payment of any past due rent Basic Rent, Additional Rent or for the payment of any other sum as to which Tenant is in Default or for any sum which Landlord may become entitled under this Lease expend or by law may be required to expend by reason of Tenant’s default Default in respect of any of the terms, covenants or to compensate Landlord for any direct loss or damage which Landlord may suffer conditions of this Lease including, without limitationbut not limited to, the cost of replacing any damages or repairing any equipment damaged deficiency accrued before or removed from the Premises and the cost of repairing any damage to the Premises after summary proceedings or the Building. Tenant shall have no right to apply the Security Deposit or any portion thereof to any rent hereunder, but the Security Deposit may be so applied, at other reentry by Landlord’s option, from time to time. If Landlord so uses or applies all or should utilize any portion of the Security Deposit, Tenant, upon demand, shall replenish such amount, so that the Security Deposit shall remain undiminished throughout the Term. Tenant shall within ten (10) days fully and faithfully comply with all of the terms, covenants and conditions of this Lease, the portion of the Security Deposit not applied pursuant to the terms hereof shall be returned to Tenant after written demand thereforthe Expiration Date and after delivery of possession of the Premises to Landlord, deposit cash with but without any interest thereon whatsoever. The application of the Security Deposit due to a Default shall not cure, waive or release the Default such that Landlord in shall be estopped from exercising any of its other remedies. 29.2. Tenant shall not assign or encumber or attempt to assign or encumber the amount sufficient Security Deposit. Landlord shall not be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance. 29.3. In the event of a sale of the Real Property or a leasing thereof, Landlord shall have the right to restore transfer the Security Deposit to the full amount vendee or lessee, as the case may be, and Landlord shall thereupon be released by Tenant from all liability for the return of such Security Deposit. In such case, Tenant agrees to look solely to the new landlord for the return of the Security Deposit. The provisions hereof shall apply to every transfer or assignment made of the Security Deposit and Tenant’s failure to do so shall be a Default under this Lease. Landlord’s application of any portion of the Security Deposit shall not cure any Default hereunder and Landlord shall be free to exercise such other rights and remedies as provided hereunder, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no damages to the Premises or the remainder of the Property caused by Tenant or its employees, agents or contractors, the Security Deposit (or so much thereof as has not theretofore been applied by Landlord or returned to Tenant), shall be returned to Tenant within forty-five (45) days after the expiration of the Term and after Tenant has vacated the Premises. Upon written request made by Tenant to Landlord sent after the expiration of the first twelve (12) full calendar months for which Tenant is obligated to pay Basic Monthly Rent hereunder, the Tenant shall be entitled to the return of Ten Thousand Two Hundred Ninety-Four Dollars and 88/100 ($10,294.88) out of the Security Deposit; provided however, that if Tenant is or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return of such portion of the Security Depositnew landlord.

Use of Security Deposit. The Security Deposit shall be held by Landlord as security for 35.1 In the faithful performance and observance by event of a default of Tenant in respect of any of the terms, provisions and covenants or conditions of this Lease. , without regard to any provision in this Lease regarding notice to cure, Landlord may use, apply or retain all the whole or any portion part of the Security Deposit to the extent required for the payment of any past due rent Basic Rent, Additional Rent, or for the payment of any other sum as to which Tenant is in default, or for any sum which Landlord may become entitled under this Lease expend or by law may be required to expend by reason of Tenant’s default 's Default in respect to any of the terms, covenants, or to compensate Landlord for conditions of this Lease, including but not limited to, any direct loss damages or damage which deficiency accrued before or after summary proceedings or other re-entry by Landlord. In the event that Landlord may suffer includingat any time or from time to time use, without limitation, apply or retain the cost whole or any part of replacing or repairing any equipment damaged or removed from the Premises and the cost of repairing any damage to the Premises or the Building. Tenant shall have no right to apply the Security Deposit or any portion thereof to any rent hereunder, but the Security Deposit may be so applied, at Landlord’s option, from time to time. If Landlord so uses or applies all or any portion of the Security Depositas aforesaid, Tenant shall within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to immediately restore the Security Deposit to the full sum thereof prior to any such use, application or retention. In the event that Tenant shall fully and faithfully comply with all of the terms, covenants, and conditions of this Lease, the remaining amount of the Security Deposit and Tenant’s failure to do so shall be a Default under this Lease. Landlord’s application of any portion of the Security Deposit shall not cure any Default hereunder and Landlord shall be free to exercise such other rights and remedies as provided hereunder, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no damages to the Premises or the remainder of the Property caused by Tenant or its employees, agents or contractors, the Security Deposit (or so much thereof as has not theretofore been applied by Landlord or returned to Tenant), shall be returned to Tenant within forty-five (45) days Tenant, without interest, after the expiration Termination Date and after delivery of possession of the Term entire Premises to Landlord. 35.2 In the event of a sale of the Real Property or a leasing thereof, Landlord shall have the right to transfer the Security Deposit to the vendee or lessee, as the case may be, and after Tenant has vacated the Premises. Upon written request made Landlord shall thereupon be released by Tenant to Landlord sent after the expiration of the first twelve (12) full calendar months from all liability for which Tenant is obligated to pay Basic Monthly Rent hereunder, the Tenant shall be entitled to the return of Ten Thousand Two Hundred Ninety-Four Dollars such Security Deposit transferred to the new Landlord; and 88/100 ($10,294.88) out Tenant agrees to look to the new Landlord solely for the return of the Security Deposit; provided however, and it is agreed that if Tenant is the provisions thereof shall apply to every transfer or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return of such portion assignment made of the Security DepositDeposit to a new Landlord. Tenant further covenants that it will not assign or encumber, or attempt to assign or encumber the Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any such assignment, or attempted encumbrance.

Use of Security Deposit. The If Tenant defaults with respect to the payment of Rent or any other covenant contained herein or in the Work Letter, Landlord may use or retain all or any part of the Security Deposit shall be held by Landlord as security for the faithful performance payment of any Monthly Rent, Additional Rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant’s Default. Landlord also may apply the Security Deposit toward costs incurred to repair damages to the Premises, other than ordinary wear and observance by Tenant of tear, and damage from casualty or condemnation, or to reasonably clean the terms, provisions and conditions Premises upon termination of this Lease. If any portion of the Security Deposit is so applied or used, Tenant shall, within five (5) business days after written notice thereof, deposit an additional amount with Landlord sufficient to restore the Security Deposit to the amount set forth in Paragraph 1.11, and Tenant’s failure to do so shall constitute a material breach of this Lease. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by Tenant, the Security Deposit (including interest thereon), or the balance thereof, shall be returned to Tenant (or, at Landlord’s option to the last assignee of Tenant’s interest hereunder) within thirty (30) days after the expiration or earlier termination of the Lease, subject to the provisions of Paragraph 27. Landlord and/or the Lender may use, apply or retain all or any portion part of the Security Deposit for the payment of any past due rent or for Tenant Improvement costs incurred by Landlord in excess of the payment of any other sum to which Landlord may become entitled under this Lease or by law by reason of Tenant’s default or to compensate Landlord for any direct loss or damage which Landlord may suffer including, without limitation, the cost of replacing or repairing any equipment damaged or removed from the Premises and the cost of repairing any damage to the Premises or the Building. Tenant shall have no right to apply the Security Deposit or any portion thereof to any rent hereunder, but the Security Deposit may be so applied, at Landlord’s option, from time to timeCombined Allowance. If Landlord so uses or applies all or any portion of the Security DepositDeposit is so applied, upon the Rent Commencement Date, Tenant shall within ten (10) days after written demand therefor, deposit cash or a replacement letter of credit with Landlord in the an amount sufficient to restore the Security Deposit to the full amount of the Security Deposit its original amount, and Tenant’s failure to do so shall be constitute a Default under material breach of this Lease. Landlord’s application In the event of any portion of bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall not cure any Default hereunder and Landlord shall be free deemed to exercise such other rights and remedies as provided hereunder, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no damages be applied first to the Premises or the remainder payment of the Property caused by Tenant or its employees, agents or contractors, the Security Deposit (or so much thereof as has not theretofore been applied by Rent and other charges due Landlord or returned to Tenant), shall be returned to Tenant within forty-five (45) days after the expiration of the Term and after Tenant has vacated the Premises. Upon written request made by Tenant to Landlord sent after the expiration of the first twelve (12) full calendar months for which Tenant is obligated to pay Basic Monthly Rent hereunder, the Tenant shall be entitled all periods prior to the return of Ten Thousand Two Hundred Ninety-Four Dollars and 88/100 ($10,294.88) out of the Security Deposit; provided however, that if Tenant is or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return filing of such portion of the Security Depositproceedings.

Use of Security Deposit. The Security Deposit shall be held by Landlord as security for 35.1 In the faithful performance and observance by event of a default of Tenant in respect of any of the terms, provisions and covenants or conditions of this Lease. , without regard to any provision in this Lease regarding notice to cure, Landlord may use, apply or retain all the whole or any portion part of the Security Deposit to the extent required for the payment of any past due rent Basic Rent, Additional Rent, or for the payment of any other sum as to which Tenant is in default, or for any sum which Landlord may become entitled under this Lease expend or by law may reasonably be required to expend by reason of Tenant’s default 's Default in respect to any of the terms, covenants, or to compensate conditions of this Lease, including but not limited to, any damages or deficiency accrued before or after summary proceedings of other re-entry by Landlord. In the event that Landlord for applies or retains the whole or any direct loss or damage which Landlord may suffer including, without limitation, the cost part of replacing or repairing any equipment damaged or removed from the Premises and the cost of repairing any damage to the Premises or the Building. Tenant shall have no right to apply the Security Deposit or any portion thereof to any rent hereunder, but the Security Deposit may be so applied, at Landlord’s option, from time to time. If Landlord so uses or applies all or any portion of the Security Depositas aforesaid, Tenant shall within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to immediately restore the Security Deposit to the full sum thereof prior to any such use, application or retention. In the event that Tenant shall fully and faithfully comply with all of the terms, covenants, and conditions of this Lease, the remaining amount of the Security Deposit and Tenant’s failure to do so shall be a Default under this Lease. Landlord’s application of any portion of the Security Deposit shall not cure any Default hereunder and Landlord shall be free to exercise such other rights and remedies as provided hereunder, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no damages to the Premises or the remainder of the Property caused by Tenant or its employees, agents or contractors, the Security Deposit (or so much thereof as has not theretofore been applied by Landlord or returned to Tenant), shall be returned to Tenant within forty-five (45) days Tenant, without interest, promptly after the expiration Termination Date and after delivery of possession of the Term entire Premises to Landlord. 35.2 In the event of a sale of the Real Property or a leasing thereof, Landlord shall have the right to transfer the Security Deposit to the vendee or lessee, as the case may be, and after Tenant has vacated the Premises. Upon written request made Landlord shall thereupon be released by Tenant to Landlord sent after the expiration of the first twelve (12) full calendar months from all liability for which Tenant is obligated to pay Basic Monthly Rent hereunder, the Tenant shall be entitled to the return of Ten Thousand Two Hundred Ninety-Four Dollars such Security Deposit transferred to the new Landlord; and 88/100 ($10,294.88) out Tenant agrees to look to the new Landlord solely for the return of the Security Deposit; provided however, and it is agreed that if Tenant is the provisions thereof shall apply to every transfer or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return of such portion assignment made of the Security DepositDeposit to a new Landlord. Tenant further covenants that it will not assign or encumber, or attempt to assign or encumber the Security Deposit and that neither Landlord nor its successors or assigns shall be bound by any such assignment, or attempted encumbrance. 35.3 Provided that no default by Tenant under this Lease shall have previously occurred or then exist, on each of the first day of the tenth (10th) month and on the first day of the eighteenth (18th) month of the Term, the Security Deposit shall be reduced by eighteen thousand one hundred twelve and 50/100 ($18,112.50) Dollars and such amount shall be returned to Tenant.

Use of Security Deposit. The Security Deposit Tenant shall be held by Landlord as security for the faithful performance and observance by Tenant of the termsnot assign or encumber, provisions and conditions of this Lease. Landlord may useor attempt to assign or encumber, apply or retain all or any portion part of the Security Deposit for and neither Landlord nor its successors or assigns shall be bound by any such assignment, encumbrance, attempted assignment, or attempted encumbrance. Landlord shall not be required to exhaust its remedies against Tenant before having recourse to the payment Letter of Credit or any past due rent cash security held by Landlord. Recourse by Landlord to the Letter of Credit or for the payment other security shall not affect any remedies of any other sum to Landlord which Landlord may become entitled under are provided in this Lease or which are available to Landlord in law or equity. In the event of a default by law by reason Tenant hereunder (after any required notice and expiration of Tenant’s default or to compensate Landlord for any direct loss or damage which applicable cure period), Landlord may suffer including, without limitation, draw on the cost Letter of replacing or repairing any equipment damaged or removed from the Premises and the cost of repairing any damage to the Premises or the BuildingCredit in accordance with its terms. Tenant Landlord may (but shall have no right to apply not be required to) use the Security Deposit or any portion thereof to cure any rent defaults on the part of Tenant or to compensate Landlord for any damage or costs Landlord incurs by reason of a default hereunder. In such event, but and upon written notice from Landlord to Tenant specifying the amount of the Security Deposit may be so utilized by Landlord and the purpose for which such amount was applied, at Landlord’s option, from time to time. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall within ten (10) days after written demand therefor, immediately deposit cash with Landlord cash (or shall provide an amendment to the Letter of Credit) in the an amount sufficient to restore return the Security Deposit to the full amount required under Section 6.1. Within forty-five days after expiration of the Security Deposit and Tenant’s failure Term or earlier termination of this Lease (or such longer period of time as is needed to do so shall be a Default under this Lease. Landlord’s application confirm the existence of or cost to remedy any portion of default), provided no default is then outstanding, the Security Deposit shall not cure any Default hereunder and be returned to Tenant, reduced by those amounts that may be required by Landlord shall be free to exercise such other rights and remedies as provided hereunderremedy defaults on the part of Tenant in the payment of Rent or otherwise, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no to repair damages to the Premises or the remainder of the Property caused by Tenant or its employees, agents or contractors, and to restore the Premises to the condition required by this Lease. Landlord shall have no obligation to segregate the Security Deposit (from its general funds or so much thereof to pay interest thereon. If Landlord conveys or transfers its interest in the Premises, and as has not theretofore been applied by a part of such conveyance or transfer, assigns its interest in this Lease and the assignee assumes Landlord's obligations hereunder, then Landlord or returned to Tenant), shall be returned released and discharged from any further liability to Tenant within forty-five (45) days after the expiration of the Term and after Tenant has vacated the Premises. Upon written request made by Tenant with respect to Landlord sent after the expiration of the first twelve (12) full calendar months for which Tenant is obligated to pay Basic Monthly Rent hereunder, the Tenant shall be entitled to the return of Ten Thousand Two Hundred Ninety-Four Dollars and 88/100 ($10,294.88) out of the Security Deposit; provided however, that if Tenant is or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as . Landlord shall provide a copy of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return of such portion of the Security Depositassignment and assumption agreement upon Tenant's request.

Use of Security Deposit. The Security Deposit shall be held by Landlord as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. Landlord may use, apply or retain all or any portion of the Security Deposit for the payment of any past due rent or for the payment of any other sum to which Landlord may become entitled under this Lease or by law by reason of Tenant’s 's default or to compensate Landlord for any direct loss or damage which Landlord may suffer including, without limitation, the cost of replacing or repairing any equipment damaged or removed from the Premises and the cost of repairing any damage to the Premises or the Building. Tenant shall have no right to apply the Security Deposit or any portion thereof to any rent hereunder, but the Security Deposit may be so applied, at Landlord’s 's option, from time to time. If Landlord so uses or applies all or any portion of the Security Deposit, Tenant shall within ten (10) days after written demand therefor, deposit cash with Landlord in the amount sufficient to restore the Security Deposit to the full amount of the Security Deposit and Tenant’s 's failure to do so shall be a Default under this Lease. Landlord’s 's application of any portion of the Security Deposit shall not cure any Default hereunder and Landlord shall be free to exercise such other rights and remedies as provided hereunder, at law or in equity. Provided Tenant is not in default of its obligations under this Lease and there are no damages to the Premises or the remainder of the Property caused by Tenant or its employees, agents or contractors, the Security Deposit (or so much thereof as has not theretofore been applied by Landlord or returned to Tenant), shall be returned to Tenant within forty-five thirty (4530) days after the expiration of the Term and after Tenant has vacated the Premises. Upon written request made by Tenant to Landlord sent after the expiration of the first twelve (12) full calendar months for which Tenant is obligated to pay Basic Monthly Rent hereunder, the Tenant shall be entitled to the return of Ten Thousand Two Hundred Ninety-Four Dollars and 88/100 ($10,294.88) out of the Security Deposit; provided however, that if Tenant is or is then in monetary default (no notice required) or non-monetary Default (after notice and cure period), or during the Term has been in monetary Default (if applicable, after notice and cure period) for more than twenty (20) consecutive days, as of the date of Landlord’s receipt of the timely-given request notice, then Tenant shall not be so entitled to the return of such portion of the Security Deposit.