4.3. SECURITY DEPOSIT. Concurrently with Tenants delivery of this Lease, Tenant shall deposit with Landlord the sum, if any, stated in Item 9 of the Basic Lease Provisions (the Security Deposit), to be held by Landlord as security for the full and faithful performance of Tenants obligations under this Lease, to pay any rental sums, including without limitation such additional rent as may be owing under any provision hereof, and to maintain the Premises as required by this Lease. Upon any breach of the foregoing obligations by Tenant, Landlord may apply all or part of the Security Deposit as full or partial compensation. If any portion of the Security Deposit is so applied, Tenant shall within 5 days after written demand by Landlord deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. In no event may Tenant utilize all or any portion of the Security Deposit as a payment toward any rental sum due under this Lease. Any unapplied balance of the Security Deposit shall be returned to Tenant or, at Landlords option, to the last assignee of Tenants interest in this Lease within 30 days following the termination of this Lease and Tenants vacation of the Premises. Tenant hereby waives the provisions of Section1950.7 of the California Civil Code, or any similar or successor laws now or hereafter in effect.
03/23/2021 (TuSimple Holdings Inc.)
V. Additional Security Deposit. Concurrently with Tenants delivery of this Amendment, Tenant shall deliver the sum of $12,342.00 to Landlord, which sum shall be added to the Security Deposit presently being held by Landlord in accordance with Section4.3 of the Lease. Accordingly, the Security Deposit is increased from $74,457.00 to $86,799.00.
03/23/2021 (TuSimple Holdings Inc.)
V. Additional Security Deposit. Concurrently with Tenants delivery of this Amendment, Tenant shall deliver the sum of $24,833.00 to Landlord, which sum shall be added to the Security Deposit presently being held by Landlord in accordance with Section4.3 of the Lease. Accordingly, the Security Deposit is increased from $86,799.00 to $111,632.00.
03/23/2021 (TuSimple Holdings Inc.)
IV. Additional Security Deposit. Concurrently with Tenants delivery of this Amendment, Tenant shall deliver the sum of $75,700.36 to Landlord, which sum shall be added to the Security Deposit presently being held by Landlord in accordance with Section4.3 of the Lease. Accordingly, the Security Deposit is increased from $111,632.00 to $187,332.36. Notwithstanding the foregoing, provided Tenant has not been in Default, Landlord shall reduce the Security Deposit, and credit such reduction against the Basic Rent due hereunder, in the amount of $37,850.18 as of the first day of the 30th month following the Suite 510 Expansion Effective Date. If Tenant is entitled such reduction in the Security Deposit, Tenant shall provide Landlord with written notice requesting that the Security Deposit be reduced as provided above.
03/23/2021 (TuSimple Holdings Inc.)
4.6Security Deposit. By execution of this Lease, Landlord acknowledges receipt of Tenant’s security deposit in the amount of $15,000.00 (the “Security Deposit”) for the faithful performance of all terms, covenants and conditions of this Lease. Tenant agrees that Landlord may, without waiving any of Landlord’s other rights and remedies under this Lease upon the occurrence of any of the Events of Default described in Article 13 hereof, apply the Security Deposit; (a): to remedy any failure by Tenant to repair or maintain the Premises or to perform any other terms, covenants or conditions contained herein, or (b) to compensate Landlord for damages incurred, or to reimburse Landlord as provided herein, in connection with any such Event of Default. If Landlord uses any portion of the Security Deposit to cure any Event of Default by Tenant hereunder, Tenant shall replenish the Security Deposit to the original amount within ten (10) days. following written notice from Landlord in the manner directed by Landlord in such notice. If Tenant fails to restore the full amount of the Security Deposit within such ten (10) day period, then the amount of such deficiency shall be subject to the charges described in Section 4.5 hereof. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on any such deposit. If Tenant performs all of Tenant’s obligations hereunder during the Term. Landlord will, within thirty (30) days after the expiration or earlier termination of the Lease, return the Security Deposit, or so much as has not been applied by Landlord, to Tenant or the last permitted assignee of Tenant’s interest hereunder at the expiration of the Term.
03/08/2019 (FORRESTER RESEARCH, INC.)
4.7Right to Reduce Security Deposit. Landlord shall permit a reduction in the amount of the required Security Deposit to the amount of $11,250.00 on the first business day following July 1,2008, subject to Tenant’s satisfaction of the following conditions: (i) Tenant shall have paid all of its Annual Base Rent payments and all other rentals due under this Lease in a timely manner as required by this Lease; (ii) no other default (or Event of Default) shall have occurred which has not been cured within any applicable grace period; and (iii) Tenant shall have provided reasonably satisfactory evidence to Landlord (in the form of financial statements certified by the president or chief financial officer of Tenant) that Tenant has maintained a net positive cash flow from operations (determined in accordance with generally accepted accounting principles) during the immediately preceding consecutive six (6) month period. In determining such net positive cash flow, depreciation may be excluded. If Tenant fails to satisfy the conditions as of the dates stated in this subsection (a), then Tenant may qualify for such reduction as soon as it is able to comply with such conditions and provide evidence to Landlord of such compliance.
03/08/2019 (FORRESTER RESEARCH, INC.)
E.Security Deposit. Effective as of the date hereof, Section 4.7 of the Original Lease is replaced with “Concurrent with the execution and delivery of this Amendment, Tenant shall deliver to Landlord an additional $19,000 for the Security Deposit”, and Section 4.6 of the Original Lease is amended by deleting the term “$15,000” and replacing it with “$34,000”.
03/08/2019 (FORRESTER RESEARCH, INC.)
7.Security Deposit. Effective as of the Fourth Amendment Effective Date, the amount of the Security Deposit set forth in Section 4.6 of the Original Amended Lease shall be amended by deleting the term “$34,000,” and replacing it with the term “$63,422.31.” Concurrent with the execution and delivery of this Fourth Amendment, Tenant shall deliver to Landlord an additional $29,422.31 for the Security Deposit.
03/08/2019 (FORRESTER RESEARCH, INC.)
7.Security Deposit.On or prior to December 31, 2015 (the “Security Deposit Transfer Date”), Tenant shall deliver to Landlord a security deposit in the form of a Letter of Credit (as defined below) in the amount of $450,000.00 for the faithful performance of all terms, covenants and conditions of the Lease. Within ten (10) days after Landlord’s receipt of the Letter of Credit from Tenant, which such Letter of Credit shall satisfy the terms and conditions set forth herein, Landlord shall send to Tenant the existing security deposit being held by Landlord in the amount of $63,422.31. Tenant’s failure to provide a Letter of Credit satisfying the terms set forth below shall constitute an Event of Default pursuant to the terms of the Lease.
03/08/2019 (FORRESTER RESEARCH, INC.)
4.6.4Substitute Letter of Credit.Tenant shall deliver to Landlord a substitute Letter of Credit that satisfies the requirements for a Letter of Credit stated in this Subsection 4.6.2 for the applicable period not later than ten (10) business days following delivery of a non-renewal notice by the Letter of Credit issuer with respect to the Letter of Credit issued to Landlord or thirty (30) days prior to the scheduled expiration of the Letter of Credit, whichever first occurs (such date, the “Re-Delivery Deadline”). If Tenant fails to deliver the substitute Letter of Credit within such 10-business day period, Landlord shall have the right to draw the Letter of Credit and receive the proceeds as a cash Security Deposit. Tenant agrees that notwithstanding any provision of this Lease to the contrary, its failure to furnish Landlord with the required Security Deposit either in the form of a substitute Letter of Credit in compliance with the requirements for the initial Letter of Credit prior to the Re-Delivery Deadline shall not be subject to any rights of notice or cure under this Lease.
03/08/2019 (FORRESTER RESEARCH, INC.)
5. SECURITY DEPOSIT. Simultaneously with its execution of this Lease, Tenant shall deposit with Landlord the Security Deposit set forth in Paragraph It above, which shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Lease after the expiration of all applicable notice and cure periods, including, but not limited to the provisions relating to the payment of Rent, Landlord 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 for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenants default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenants default. If any portion of said Security Deposit is so used or applied, Tenant shall within ten (10)days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenants failure to do so shall be an Event of Default under this Lease. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or at Landlords option, to the last assignee of Tenants interest hereunder) within sixty (60)days after the expiration of the Primary Lease Term or any extension period thereof.
12/02/2016 (SIGNAL GENETICS, INC.)
9.3Security Deposit. With respect to each Property, Lessee shall deposit with Lessor the amount in cash as described and allocated on Schedule 9.3 (each, the Allocated Deposit and collectively, the Security Deposit). Lessee hereby grants Lessor a security interest in and to the Security Deposit. The Allocated Deposit for each Property shall be held by Lessor as security for the performance by the applicable Facility Lessee of all obligations under this Lease to be performed by such Facility Lessee with respect to the applicable Property, and Lessee shall not be entitled to interest thereon unless required by applicable law. Lessor shall not be required to segregate the Security Deposit in a separate account and may commingle the Security Deposit with other assets of Lessor or its Affiliates. The Security Deposit is not an advance payment of rent or a measure of damages. Lessor may from time to time and without prejudice to any other remedy provided in this Lease or by applicable law, but subject to any applicable notice and cure periods, use all or a portion of the Allocated Deposit to the extent necessary, with respect to the applicable Property, to (i)satisfy past due Rent, or (ii)satisfy any other loss or damage resulting from the applicable Facility Lessees breach of this Lease, including such Facility Lessees failure to make any necessary or required repairs to the applicable Property. In the event that Lessor uses or applies all or any portion of the Allocated Deposit for a given Property pursuant to this Section9.3, Lessee shall deposit with Lessor an amount sufficient to replenish the Allocated Deposit to its original amount within thirty (30)days following receipt of written demand from Lessor. Lessor shall return any unapplied portion of the Security Deposit to Lessee within forty-five (45)days after the latest to occur of: (a)the full and final payment of Rent, and all other amounts and obligations due hereunder; and (b)the expiration or termination of this Lease.
08/09/2017 (MEDICAL PROPERTIES TRUST INC)
4. After Alipay deducts or pays the Merchant’s security deposit as instructed by Tmall, the Merchant agrees that Tmall may inform Alipay to suspend the payment of corresponding amount in the balance in the Merchant’s Alipay account to make up for the security deposit. Where such balance is insufficient to make up for the security deposit, the Merchant shall otherwise pay the security deposit within 15 days upon notification by Tmall.
10/04/2018 (Fit Boxx Holdings Ltd)
Upon the expiration of the lease term, the lessee shall pay rent and default payment and return the possession of the leased premises; or the lessor shall return the security deposit. Failure to perform such responsibilities will be subject to a compulsory enforcement.
02/16/2018 (Taiwan Liposome Company, Ltd.)
6. Security Deposit- Simultaneously with the execution of this Lease, Subtenant shall deposit with Tenant the sum of Four Thousand Nine Hundred Thirty-Five and 00/100 Dollars ($4,935.00) as a security deposit. Such security deposit shall be considered as security for the payment and performance by Subtenant of all of Subtenants obligations, covenants, conditions and agreement sunder this Lease. Upon the expiration of the term hereof, Tenant shall (provided that Subtenant is not in default under the terms hereof) return and pay back such security deposit to Subtenant, less such portion thereof as Tenant shall have appropriated to make good any default by Subtenant with respect to any of Subtenants aforesaid obligations, covenants, conditions or agreements. In the event of any default by Subtenant hereunder, Tenant shall have the right, but shall not be obligated, to apply all or any portion of the security deposit to cure such default, in which event Subtenant shall be obligated to promptly deposit with Tenant the amount necessary to restore the security deposit to its original amount. In the event of the sale or transfer of Tenants interest in the Building, Tenant shall have the right to transfer the security deposit to such purchaser or transferee, in which event Subtenant shall be entitled to look to the transferee for the return of the security deposit and Tenant shall thereupon be released from liability to Subtenant for the return of such security deposit.
01/19/2021 (NexImmune, Inc.)
18.The Landlord will provide the Tenant three (3) access cards for entering the building complex. The Tenant will pay the Landlord with a $150.00 dollars CAD refundable Access cards security deposit. At the end of the term, the Security Keys Deposit will be refunded in full to the Tenant when all of the access cards are returned in the same useable condition as the beginning of the rental term. Any replacements required will be deducted from the $150.00 dollars CAD security deposit.
05/15/2019 (CANNAPHARMARX, INC.)
5. Security Deposit. At the time of signing this Agreement, tenant must deposit with Landlord the sum of $2,500.00 (the “Security Deposit”), receipt of which is hereby acknowledged, as security for any damage caused to the Property during the term thereof. The maximum amount that Landlord may receive as the Security Deposit cannot exceed two (2) months rent if the Property is unfurnished or three (3) months rent if the Property is furnished. Tenant expressly may not use the Security Deposit in lieu of payment of rent. All or any portion of the Security Deposit may be used to: (i) repair damage, excluding ordinary wear and tear, caused by Tenant and/or by a guest of the Tenant; (ii) clean Property, if necessary, upon termination of tenancy; (iii) replace Landlord’s personal property or appurtenances; and (iv) cure Tenant’s default in payment of rent, or other sums due.
11/12/2019 (Fathom Holdings Inc.)
9. Keys and Locks. Tenant will be given a set number of keys for the Property. If all keys are not returned to Landlord following termination of the Agreement, Tenant will be charged a monetary fee to replace the keys. If a security deposit was collected by the Landlord at the time of signing this Agreement, then such amount will be subtracted from the Security Deposit. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord’s approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation.
11/12/2019 (Fathom Holdings Inc.)
4.1 SECURITY DEPOSIT: The security deposit under this Lease is $20,000.00. The security deposit is not being advanced by Tenant upon the execution of this Lease. Instead, the security deposit shall be advanced either at the moment Landlord regains possession of the Additional Premises (Unit 805) and a new Lease is executed as provided in section 1.1 of this Lease, or immediately after the expiration of the 90 day period as provided in section 2.1 of this Lease. If the Landlord is able to deliver possession of Unit 805 as provided in Section 1.1, then the $20,000 allowance specified therein shall be used to cover for Tenant’s security deposit. Since the allowance is only applicable in case Unit 805 is rented to Tenant prior to March 1, 2018, in case Landlord is unable to deliver possession of Unit 805 as specified in Section 1.1 and Tenant did not provide Landlord with the termination letter as provided in Section 2.1, the Tenant shall pay the security deposit within 10 days after the expiration of the said 90 day period.
08/14/2017 (Net Element, Inc.)
(VII) If Party B fails to return the Leased Units according to the above paragraph, Party A has the right to vacate and restore the Leased Units. Party B shall bear all costs thus incurred by Party A, including but not limited to the costs for vacating and restoring the Leased Units and the costs for storing the items of Party B in the Units. Party A has the right to deduct the above costs from Party Bs security deposit. If the security deposit is insufficient, Party B shall further compensate immediately after receiving Party As notice. Before Party A exercises the above right and while Party B continues to use the Leased Units, Party B shall continue to pay Party A the rent for such occupation period according to the provisions of this Contract.
01/11/2019 (Up Fintech Holding LTD)
5.Security Deposit.Prior to the Effective Date, Tenant shall provide an additional One Thousand Eight Hundred One and 36/100 Dollars ($1,801.36) (which is four (4) months Base Rent for the Expansion Premises at a rate of $38,574.67 per month less the Security Deposit required under Section 7 of the First Amendment) to be added to the Security Deposit under the Lease, which shall mean the total Security Deposit amount required under the Lease shall be Three Hundred Four Thousand One Hundred Ninety-Seven and 36/100 Dollars ($304,197.36) (the “Revised Premises Security Deposit”).For the avoidance of doubt, the Revised Premises Security Deposit shall be held pursuant to Article 21 of the Initial Lease and this Section 5 shall control future reductions of the Revised Premises Security Deposit.So long as Tenant has not been in default beyond any applicable notice and cure period at any time during the Term of the Lease, then at the end of the third (3rd) Lease Year, the Revised Premises Security Deposit shall be reduced to Two Hundred Twenty-Eight Thousand One Hundred Forty-Eight and 02/100 Dollars ($228,148.02).So long as Tenant has not been in default beyond any applicable notice and cure period at any time during the Term of the Lease, then at the end of the fifth (5th) Lease Year, the Revised Premises Security Deposit shall be reduced to One Hundred Fifty-Two Thousand Ninety-Eight and 68/100 Dollars ($152,098.68) for the remainder of the Lease Term, as extended.
05/15/2020 (PRECISION BIOSCIENCES INC)
Sublandlord shall not prevent Sublandlord from exercising any other right or remedy provided by this Sublease or by law (it being intended that the Sublandlord shall not first be required to proceed against the Security Deposit) and shall not operate as a limitation on any recovery to which Sublandlord may otherwise be entitled. If any of the Security Deposit shall be so used, applied or retained by Sublandlord at any time or from time to time, Subtenant shall promptly, in each such instance, on written demand therefor by Sublandlord, pay the Sublandlord such additional sum in cash as may be necessary to restore the Security Deposit to the original amount set forth in the first sentence of this paragraph. To the extent such Security Deposit is not applied as set forth in this paragraph, Sublandlord shall return the Security Deposit, or any balance thereof, to Subtenant after the later of thirty (30)days after: (a)the Expiration Date or earlier termination of the Term of this Sublease or (b)the date by which Subtenant has vacated the Premises in accordance with the terms hereof (Outside Deposit Expiration Date). Except as otherwise required by law, Subtenant shall not be entitled to any interest on the Security Deposit. In the event of a transfer of Sublandlords interest in the Prime Lease, Sublandlord shall transfer the Security Deposit to the transferee, whereupon Sublandlord shall be released from all liability for the return of the Security Deposit. Subtenant waives the provisions of California Civil Code Section1950.7, and all other provisions of law now in force or that become in force after the date of execution of this Sublease, that restrict Sublandlords use or application of the Security Deposit or that provide specific time periods for return of the Security Deposit.
05/06/2019 (GTX INC /DE/)
Subtenant’s default.If Sublandlord so uses part or all of the Security Deposit in accordance with this Section, Subtenant shall, within ten (10) days after written demand, pay Sublandlord the amount necessary to restore the Security Deposit to its original amount.Sublandlord shall not be required to pay any interest on said Security Deposit, and Sublandlord may commingle the Security Deposit with other funds.If Sublandlord assigns its interest in the Prime Lease, the Security Deposit shall be transferred to the transferee and Sublandlord shall be relieved of any further liability in relation to the Security Deposit.Upon the expiration or earlier termination of this Sublease Agreement Sublandlord shall return the Security Deposit, or so much thereof as shall not have been applied in accordance with the terms of this Section, to Subtenant within thirty (30) days of the expiration or earlier termination of the Term of this Sublease, provided, however, Sublandlord may use the Security Deposit to cure any defaults of Subtenant or to reimburse Sublandlord for expenses of repairing, restoring or cleaning the Subleased Premises.In the event all or any portion of the Security Deposit remains after paying for such items, the remaining amount shall be promptly returned to Subtenant.
04/30/2020 (AVEO PHARMACEUTICALS, INC.)
15.1 If the Leased Unit is not provided to Party B for use within the specified time due to Party A’s reasons, and if it is still not delivered after more than 60 days, Party B has the right to terminate the Agreement and request Party A to return the lease security deposit. In addition to that, Party A has no other responsibilities.
12/04/2020 (LOHA CO. LTD.)
not limited to, the provisions relating to the payment of Rent, Landlord may, but shall not be required to, use, apply or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any amount that Landlord may spend or become obligated to spend by reason of Tenants default, or to compensate Landlord for any other loss or damage that Landlord may suffer by reason of Tenants default. If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5)days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Tenants failure to do so shall be a default under this Lease. The Security Deposit shall be subject to reduction as set forth in Section10 of the Summary. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit, or any balance thereof, shall be returned to Tenant, or, at Landlords option, to the last assignee of Tenants interest thereunder, within thirty (30)days following the expiration of the Lease Term. Tenant shall not be entitled to any interest on the Security Deposit. Tenant hereby waives the provisions of Section1950.7 of the California Civil Code, and all other provisions of law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those amounts reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant.
09/23/2020 (Spinal Elements Holdings, Inc.)
17.16Security Deposit. Upon the execution of this Lease, Tenant shall deposit with Landlord the Security Deposit. Landlord may, at its option, apply all or part of the Security Deposit to any unpaid Rent or other charges due from Tenant, cure any other defaults of Tenant, or compensate Landlord for any loss or damage which Landlord may suffer due to Tenants default. If Landlord shall so use any part of the Security Deposit, Tenant shall restore the Security Deposit to its full amount within ten (10) days after Landlords request. No interest shall be paid on the Security Deposit, no trust relationship is created herein between Landlord and Tenant with respect to the Security Deposit, and the Security Deposit may be commingled with other funds of Landlord. Upon expiration or termination of this Lease not resulting from Tenants default and after Tenant shall have vacated the Premises in the manner required by this Lease, Landlord shall pay to Tenant any balance of the Security Deposit not applied pursuant to this Section17.16. Provided Tenant is not in default under this Lease and that no event or condition exists which with notice and the expiration of any grace period would constitute an event of default under this Lease, (i)after Landlord has received twelve (12)months of full Base Rent and Additional Rent payments (excluding any periods of partial or free Rent), Landlord shall return $19,666.66 of the Security Deposit to Tenant and (ii)after Landlord has received an additional twelve (12)months of full Base Rent and Additional Rent payments (excluding any periods of partial or free Rent), Landlord shall return and additional $19,666.66 of the Security Deposit to Tenant.
09/23/2020 (Spinal Elements Holdings, Inc.)
10.Security Deposit. The last line of Section17.16 of the Lease is hereby amended by deleting the words additional $19,666.66 and substituting the following therefor: additional $1,185.16.
09/23/2020 (Spinal Elements Holdings, Inc.)
5.Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenants obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlords damages in case of Tenants default. Upon each occurrence of an Event of Default (hereinafter defined). Landlord may use all or part of the Security Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or provided by law. Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to its original amount. Landlords obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenants obligations under this Lease have been completely fulfilled. Landlord shall not be required to keep all or any part of the Security Deposit separate from its general accounts. Tenant waives any limitations set forth in California Civil Code Section 1950.7 limiting the use to which a security deposit may be applied. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of this Lease and the Premises to a person or entity assuming Landlords obligations under this Paragraph 5.
09/23/2020 (Spinal Elements Holdings, Inc.)
4. Security Deposit. Concurrently with Tenants delivery to Landlord of an executed copy of this Lease, Tenant shall deposit with Landlord, and at all times during the Term shall maintain, the Security Deposit, in cash, as security for the performance by Tenant of the terms of this Lease. If Tenant fails to pay Rent or other charges due hereunder or otherwise defaults with respect to any provision of this Lease, then Landlord may draw upon, use, apply or retain all or any portion of the Security Deposit for the payment of any Rent or other charge in default, for the payment of any other sum which Landlord has become obligated to pay by reason of Tenants default, or to compensate Landlord for any loss or damage which Landlord has suffered thereby, including future rent damages under California Civil Code Section 1951.2, without prejudice to any other remedy provided herein or by law.Tenant hereby waives the provisions of any law, now or hereafter in force, including, without limitation, California Civil Code Section 1951.7, that provides that Landlord may claim from a security deposit onlythose sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant, or to clean the Premises, it being agreed that Landlord, in addition, may claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act oromission of Tenant or any Tenant Party, including future rent damages following the termination of this Lease.If Landlord so uses or applies all or any portion of the Security Deposit, then Tenant, within ten (10) days after demand therefor, shall deposit cash with Landlord in the amount required to restore the Security Deposit to the fullamount stated above.Within sixty (60) days of the expiration of this Lease, if Tenant is not in default, Landlord shall return to Tenant so much of the Security Deposit as has not been applied by Landlord pursuant to thisparagraph, or which is not otherwise required to cure Tenants defaults.
06/22/2016 (Protagonist Therapeutics, Inc)
5. Security Deposit. The Security Deposit is hereby increased to Thirty-Four Thousand Eight Hundred Ten Dollars ($34,810). Upon execution of this Amendment, Tenant shall deposit in cash the amount required to increase the Security Deposit currently held by Landlord to the full amount stated above. Upon receiving at least Fifteen Million Dollars ($15,000,000) in equity financing within twelve (12) months following the Extension Commencement Date, and provided that Tenant has not been in default under the Lease, Tenant may provide notice of such financing and reasonably satisfactory evidence thereof to Landlord, and the Security Deposit shall be reduced to Seventeen Thousand Four Hundred Five Dollars ($17,405) (the Reduced Security Deposit Amount). In such event, Landlord shall credit to Tenant against future rent obligations the amount of the Security Deposit held by Landlord in excess of the Reduced Security Deposit Amount.
06/22/2016 (Protagonist Therapeutics, Inc)
8. Security Deposit. The Security Deposit is hereby increased by Twelve Thousand Nine Hundred Fifty-Nine and 35/100 Dollars ($12,959.35) and Tenant shall deliver such amount to Landlord concurrently herewith. Tenant has delivered to Landlord evidence satisfactory to Landlord of its receipt of at least Fifteen Million Dollars ($15,000,000) in equity financing.
06/22/2016 (Protagonist Therapeutics, Inc)
amount equal to Ninety Five Thousand Six Hundred Twenty Nine and 69/100 Dollars ($95,629.69) (the Security Deposit). The Security Deposit shall be paid by Tenant simultaneously with the execution of this Amendment. Landlord shall deliver the released Letter of Credit to Tenant within ten (10)days following receipt of the Security Deposit. The Security Deposit shall be held by Landlord for the remainder of the Tern in accordance with Section4 of the Lease as modified below.
03/27/2017 (OSIRIS THERAPEUTICS, INC.)
7. Security Deposit. Landlord acknowledges that it currently has a cash security deposit on file in the amount of Eighty-One Thousand Nine Hundred One Dollars ($81,901.00), which shall remain on file with the Landlord.
01/26/2021 (CF Finance Acquisition Corp II)
14. Security Deposit. Upon signing this Sublease, Subtenant shall deposit with Sublandlord as security for the performance of all terms, covenants and conditions of this Sublease, the Security Deposit as set forth in the Preamble. The Security Deposit shall be returned to Subtenant at the expiration of this Sublease, without interest, provided that: (i)the Premises have been vacated; (ii)Sublandlord shall have inspected the Premises after such vacation; and (iii)Subtenant shall have complied with all terms, covenants and conditions of this Sublease. Otherwise, the Security Deposit so paid hereunder may be applied by Sublandlord against any actual loss, damage or injury chargeable to Subtenant, hereunder. Sublandlords determination of the amount, if any, to be returned to Subtenant shall be final, provided that any such determination shall be commercially reasonable. Upon any default by Subtenant hereunder, all or part of such Security Deposit may, at Sublandlords sole option, be applied on account of such default, and thereafter Subtenant shall restore the resulting deficiency in such Security Deposit, upon demand. Subtenant hereby waives the benefit of any provision of law requiring such Security Deposit to be held in escrow or in trust, and such Security Deposit may be commingled with Sublandlords other funds. The Security Deposit is not to be considered as the last (or any) monthly Rent due under this Sublease. As long as no Event of Default then exists under this Sublease, the Security Deposit shall be reduced by Forty-Seven Thousand Dollars ($47,000.00) on each of the second (2nd) and fourth (4th) anniversaries of the Rent Commencement Date and Sublandlord shall return to Subtenant the amount of the Security Deposit reduction within five (5)business days after receipt of Subtenants written request made after such anniversary.
12/18/2020 (Cullinan Oncology, LLC)
13. Termination of Master Lease. This Sublease is, and shall at all times remain, subordinate to the Master Lease. In the event the Master Lease is terminated for any reason, then, on the date of such termination, this Sublease shall automatically terminate and be of no further force or effect. If the termination of the Master Lease (and resulting termination of this Sublease) occurs through no fault of Sublandlord, Sublandlord shall have no liability to Subtenant for the resultant termination of this Sublease. Upon termination of this Sublease, provided that all Subtenant obligations under this Sublease have been fully performed and no uncured default by Subtenant has occurred and is then continuing, Sublandlord shall return to Subtenant any unapplied portion of the Security Deposit. If the Master Lease is terminated due to a default by Sublandlord and as a result thereof, the Sublease is terminated, then Sublandlord shall be liable to Subtenant for actual damages, including relocation expenses, incurred by Subtenant as a result of such termination of this Sublease; provided, however, that in no event shall Sublandlord be liable for consequential or punitive damages.
05/04/2017 (EXTREME NETWORKS INC)
In order to secure the payment of the Termination Damages Buyer, upon execution hereof, shall wire transfer, in immediately available funds, in USD and to an account specified by the Seller, an amount equal to 30% of the Purchase Price (the “Security Deposit”). Buyer hereby pledges to Seller, as the secured party, as security for the payment of the Termination Damages, and grants to Seller, a first priority continuing prenda against the Security Deposit. In no event the Security Deposit shall be construed as a down, advance or anticipated payment of the Purchase Price.
04/12/2018 (GeoPark Ltd)
Seller shall exercise reasonable care to assure the safe custody of the Security Deposit to the extent required by applicable law, and in any event Seller shall be deemed to have exercised reasonable care if it exercises at least the same degree of care as it would exercise with respect to its own property. Except as specified in the preceding sentence, Seller shall have no duty with respect to the Security Deposit. The Security Deposit shall accrue no interest in favor of Buyer, provided, however, that if the Security Deposit is returned to Buyer as provided in Sections 9.4 (a) then, together with the reimbursement of the Security Deposit, the Seller shall pay to the Buyer an amount equal to the interest accrued by the Security Deposit as provided in Section 9.4(a).
04/12/2018 (GeoPark Ltd)
Seller shall be entitled to hold the Security Deposit or to appoint an agent (a “Custodian”) to hold the Security Deposit for the Seller. The holding of the Security Deposit by a Custodian shall be deemed to be the holding of the Security Deposit by Seller for which the Custodian is acting. Seller shall have the right to invest, use, commingle or otherwise dispose of, or otherwise use in its business the Security Deposit. Seller shall be liable vis a vis Buyer for the Custodian´s performance of its obligations.
04/12/2018 (GeoPark Ltd)
6.1.Increase in Security Deposit.Concurrently with Tenant's execution and delivery of this First Amendment, Tenant shall deposit with Landlord an amount equal to $72,500.00, which amount Landlord shall add to the Security Deposit held by Landlord under the Lease, as hereby amended (i.e., $87,500.00), such that the total Security Deposit thereafter held by Landlord shall equal $160,000.00 (subject to reduction as provided in Section6.2 below).
03/21/2019 (EMMAUS LIFE SCIENCES, INC.)
6.2.Future Reduction in Security Deposit.Provided that Tenant is not indefault under this Lease beyond any applicable notice and cure period as of February28, 2019 (herein, the "Security Deposit Reduction Date"), and has not previously been in default under this Lease beyond any applicable notice and cure period more than once in the immediately preceding twelve (12) month period, the Security Deposit held by Landlord under this Lease shall be reduced on the Security Deposit Reduction Date by $80,000.00, such that the total Security Deposit thereafter held by Landlord shall equal $80,000.00.Any such reduction of the Security Deposit pursuant to the terms of this Section6.2 shall, at Landlord's election, (i)be applied as a credit against the next Base Rent due from Tenant following the Security Deposit Reduction Date, or (ii)reimbursed to Tenant within thirty(30) days after the Security Deposit Reduction Date.Except as specifically set forth in this Section6.2, the Security Deposit shall not be subject to reduction during the Term and/or Extended Term, as the case may be.
03/21/2019 (EMMAUS LIFE SCIENCES, INC.)
7.1.Current Security Deposit.The parties hereby acknowledge and agree that, as of the Effective Date, Landlord currently holds a Security Deposit under the Lease, as amended hereby, in the amount of $160,000.00.Effective as of the Effective Date, Section6.2 of the First Amendment shall be deleted and of no further force or effect, and in lieu thereof, the security deposit reduction provisions set forth in Section7.2 shall control.
03/21/2019 (EMMAUS LIFE SCIENCES, INC.)
7. Letter of Credit; Security Deposit. Landlord and Tenant acknowledge that, in accordance with the Lease and in connection with the Existing Premises, Tenant has previously delivered to Landlord an unconditional, clean, irrevocable letter of credit (the L-C) and that said L-C in the amount of Two Hundred and Seven Thousand Seventy Dollars and 62/100 ($207,070.62) is held by Landlord as security for the faithful performance by Tenant of the terms, covenants and conditions of the Lease. Landlord shall continue to hold the L-C in accordance with the terms and conditions of the Lease, including but not limited to Article 4 of the Original Lease, as amended by Section7 of the First Amendment.
04/02/2021 (Rockley Photonics Holdings Ltd)
8. Additional Expansion Premises Security Deposit. Concurrently with Tenants execution of this Amendment, Tenant shall deliver to Landlord the sum of Fifty One Thousand Twenty Two and 00/100 Dollars ($51,022.00) to be held by Landlord as security for the faithful performance by Tenant of the terms, covenants and conditions of the Lease, as hereby amended (the Additional Expansion Premises Security Deposit); provided, however, that if Tenant has faithfully performed all of its obligations under the Lease, including this Amendment, and Tenant has not committed any default beyond any applicable notice and cure period during the Lease Term, then on the first day of the thirty-seventh (37th) month following the Additional Expansion Premises Commencement Date, the Additional Expansion Premises Security Deposit shall be reduced by Twenty Five Thousand Five Hundred Eleven and 00/100 Dollars ($25,511.00) (the Additional Expansion Premises Security Deposit Reduction), and Landlord shall return the Additional Expansion Premises Security Deposit Reduction to Tenant within thirty (30)days. The Additional Expansion Premises Security Deposit shall be held and applied in accordance with Section7.1 of the Second Amendment.
04/02/2021 (Rockley Photonics Holdings Ltd)
4. Security Deposit. The parties agree and acknowledge that Landlord currently holds a Security Deposit from Tenant in the amount of $31,376.08 pursuant to the Original Lease. Concurrently with Tenants execution of this First Amendment, Tenant shall deposit with Landlord the sum of $18,331.06 to be added to the existing Security Deposit, such that the total required Security Deposit under the Lease shall be $49,707.14. Landlord shall continue to hold the Security Deposit (as increased pursuant to this Amendment) in accordance with the terms and conditions of the Original Lease (as amended hereby).
04/02/2021 (Rockley Photonics Holdings Ltd)
On or about July 27, 2016, AsiaSat initiated an arbitration proceeding in the Hong Kong International Arbitration Centre against Aircom, claiming a breach under the Digital Transmission Service Agreement dated July 25, 2015 between AsiaSat and Aircom. AsiaSat claims that Aircom owes it approximately $8.1 million in unpaid service fees, default payments and liquidated damages. Aircom disagrees with the payable balance and believes that it owes AsiaSat approximately $1.3 million in services fees. Aircom has paid AsiaSat $875,000 as security deposit. Aircom further alleges misrepresentation from AsiaSat in entering into the agreement and is actively defending the matter. On November 21, 2016, the Hong Kong International Arbitration Centre appointed a sole arbitrator to hear the dispute. On January 12, 2017, Aircom asserted a counterclaim against AsiaSat for misrepresentations made to induce entry into the agreement. Aircom and AsiaSat reached a settlement with respect to the Agreement as ofJuly 25, 2017, with an effective date of July 20, 2017.
02/02/2018 (Aerkomm Inc.)
12. Party B shall move out from the Leased Premise along with all the equipment, furniture, documents and other items within five days upon expiry or termination of this Agreement, and shall seek a written document from Party A to take back the security deposit. Otherwise, Party B shall be deemed as having waived the ownership of the items not moved out, and shall pay a forfeit [REDACTED]21times the daily rent for each day delayed.
10/04/2016 (GDS Holdings Ltd)
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