Common use of Construction Liens Clause in Contracts

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 5 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

AutoNDA by SimpleDocs

Construction Liens. Tenant shall have no power agrees that it will make full and prompt payment of all sums necessary to do any act or make any contract that may create or be pay for the foundation cost of any lienrepairs, mortgage alterations, improvements, changes or other encumbrance upon work done by Tenant to the reversionary Premises and further agrees to indemnify and hold harmless Landlord from and against any and all such costs and liabilities incurred by Tenant, and against any and all construction liens arising out of or other estate of Landlordfrom such work or the cost thereof which may be asserted, claimed or any charged against the Premises or the Building or site on which it is located. Notwithstanding anything to the contrary in this Lease, the interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant Premises shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall not be subject to liens for improvements made by or for the Tenant at Tenant, whether or under not the same shall be made or done in accordance with any agreement between Landlord and Tenant’s direction. This provision , and it is specifically understood and agreed that in no event shall serve as notice to all potential construction lienors that Landlord shall not or the interest of Landlord in the Premises be liable for and the Facility Premises shall not be subject or subjected to any construction liens for improvements or work performed made by or materials supplied at for Tenant; and this Lease specifically prohibits the subjecting of Landlord’s request interest in the Premises to any construction liens for improvements made by Tenant or at for which Tenant is responsible for payment under the request terms of anyone this Lease. All persons dealing with Tenant are hereby placed upon notice of this provision. In the event any notice or claim of lien shall be asserted of record against the interest of Landlord in the Premises or Building or the site on which it is located on account of or growing out of any improvement or work done by or for Tenant, or any person claiming an interest by, through or under Tenant. Further, any contractorfor improvements or work the cost of which is the responsibility of Tenant, vendor, supplier or other party providing work or services Tenant agrees to have such notice of claim of lien canceled and for discharged of record as a claim against the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant Landlord in the Lease Premises, the Building or the Property (either by payment or bond as permitted by law) within ten (10) days after notice to Tenant by Landlord, and may not encumber in the fee title to the Premises owned by the Landlord. event Tenant shall provide notice of this provision fail to all contractorsdo so, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision Tenant shall be included considered in any recorded notice default under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)

Construction Liens. Tenant shall have no power not suffer or permit any construction liens to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property Leased Premises or Facility Premises any part thereof by reason of any act work, labor, services or omission of materials supplied or claimed to have been supplied to Tenant or anyone holding the Leased Premises or any of part thereof through or under Tenant’s agents. If any such construction lien shall at any time be filed against the Leased Premises, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty twenty (3020) days after the filing thereofdate same is recorded in the register of deeds. Should If Tenant shall fail to discharge the such construction lien within thirty (30) dayssuch period, then in addition to any other right or remedy of Landlord, Landlord may discharge same either by paying the lien. The amount paid claimed to be due or by procuring the discharge of such lien in such manner as is permitted by law, after written notice to Tenant, but shall not be obligated to Any amount incurred by Landlord to discharge for any of the lien (whether directly or by bond)aforesaid purposes, plus and all administrative costs and legal costs incurred by expenses of Landlord, shall be additional rent payable on demand. The remedies provided herein shall be including Landlord’s actual reasonable attorney fees, in addition to or about procuring the discharge of such lien, together with all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that necessary disbursements in connection therewith, and together with interest thereon at the Prime Rate plus two percent (2%) per annum, but in no event higher than the legal limit, from the date of payment shall be repaid by Tenant to Landlord on written demand to Tenant setting forth the interest amount of such costs and expenses, and if unpaid may be treated by Landlord as Additional Rent due and payable by Tenant to Landlord with the next monthly Base Rent payment. Nothing herein contained shall imply any consent or agreement on the part of Landlord be to subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under TenantLandlord’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant estate in the Lease and may not encumber the fee title Leased Premises to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in liability under any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leaseconstruction lien law.

Appears in 3 contracts

Samples: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Veri-Tek International, Corp.), Assignment and Assumption of Lease (Veri-Tek International, Corp.)

Construction Liens. 16.1. Tenant shall not suffer or permit any construction liens, mechanic’s liens or materialman’s liens to be filed against Landlord’s interest in the real property of which the Premises form a part nor against the Tenant’s leasehold interest in the Premises (“Tenant Lien”). Landlord shall have the right at all reasonable times to post and keep posted on the Premises, any notices which it deems necessary for protection from such liens, or take such other action as applicable law may require to protect from such liens. In connection therewith, Tenant shall cooperate with Landlord and shall sign any notice or other documents reasonably required by Landlord to comply with such applicable law. Tenant shall have no power the right to do contest by proper proceedings any act or make any contract Tenant Lien, provided that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property prosecute such contest diligently and Facility Premises free from in good faith and such contest shall not expose Landlord to any liens arising out of any work performedcivil or criminal penalty or liability in connection therewith. In such case, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty five (305) days after Landlord’s demand, Tenant shall furnish Landlord a surety bond or other adequate security satisfactory to Landlord in an amount equal to one hundred fifty percent (150%) of the filing thereof. Should Tenant fail amount of such claim or such higher amount as may be reasonably required to discharge both to indemnify Landlord against liability and hold the lien within thirty Property free from adverse effect in the event the contest is not successful (30) days, then Landlord may discharge the lien“Xxxx Xxxx”). The amount Xxxx Xxxx may be retained by Landlord until the Tenant Lien has been removed of record or until judgment has been rendered on such claim and such judgment has become final, at which time Landlord shall have the right to apply such Xxxx Xxxx in discharge of the judgment on the Tenant Lien and to any actual costs, including reasonable attorneys’ fees incurred by Landlord, and shall remit the balance thereof to Tenant. In the event that a Tenant Lien is filed and Tenant does not properly contest such lien or timely post the Xxxx Xxxx, Landlord, at its election, and upon not less than five (5) days prior written notice to Tenant, may pay and satisfy the Tenant Lien and, in such event the sums so paid by Landlord to discharge the lien (whether directly or by bond)Landlord, plus including all administrative actual and legal costs incurred other expenses, including reasonable attorney’s fees, so paid by Landlord, shall be deemed to be additional rent payable on demand. The remedies provided herein Rent due and shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made payable by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at once without notice or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord demand together with interest thereon from the date of payment at the rate of eighteen percent (18%) per annum, provided such interest rate shall not be liable exceed the maximum interest rate permitted by law. Notwithstanding the foregoing, Tenant shall have no responsibility for and the Facility Premises shall not be subject to discharge of any mechanics’ liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any filed by a contractor, vendorsubcontractor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutesmaterialman, or memorandum laborer of this LeaseLandlord.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Truck Hero, Inc.)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any 's interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant Premises shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall not be subject to liens for improvements made by the Tenant. Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not permit any construction or other similar lien to be liable for filed and stand against the Facility Tenant's leasehold interest or the fee estate, reversion or other estate of Landlord in the Premises shall not be subject to liens for work performed by reason of any work, labor, service or materials supplied at Tenant’s request performed for or at the request of furnished to Tenant or anyone claiming an interest by, occupying Premises (or any part thereof) through or under Tenant. FurtherIf any such lien shall be filed in contravention of the foregoing, any contractorTenant shall, vendorwithout cost or expense to Landlord and within ten (10) days after receiving notice of such lien, supplier either cause the same to be discharged of record by payment, bonding, court order or otherwise as provided by law. All materialmen, contractors and other party providing work or services persons contracting with Tenant with respect to and for the Premises or any part thereof, or any of their subcontractors, laborers or suppliers, or any such party who may avail himself of any lien against the Premises are hereby charged with notice that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, they shall look solely to Tenant to secure payment of any amounts due for work done or material furnished to Tenant or the leasehold interest of the Premises. Tenant in the Lease and may not encumber the fee title shall advise all persons furnishing labor, materials or services to the Premises owned by in connection with Tenant's improvements thereof of the Landlordprovisions of this Section. Tenant shall provide promptly inform Landlord upon receipt, by Tenant, of any notice of this provision the filing of such construction liens. In the event Tenant shall fail to discharge said construction lien as aforesaid, Landlord, at its option, in addition to all contractorsother rights or remedies herei­n provided, vendors, suppliersmay bond or pay said lien or claim without inquiring into the validity thereof for the account of Tenant, and other parties providing work or materials at the Premises. The foregoing provision all sums so advanced by Landlord shall be included in any recorded notice under Section 713.10, Florida Statutes, or paid by Tenant as rent as and when Tenant is billed therefor. Landlord may record a memorandum of this LeaseLease in order to advise others of the above provisions.

Appears in 2 contracts

Samples: Lease Agreement (Imaging Diagnostic Systems Inc /Fl/), Lease Agreement (Imaging Diagnostic Systems Inc /Fl/)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY PREMISES OR FACILITY PREMISESTHE BUILDING. Tenant shall keep the Property Premises and Facility Premises the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property Premises or Facility Premises the Building by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty ten (3010) days after the filing thereof. Should Tenant fail to discharge the lien within thirty ten (3010) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent Additional Rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by TenantTENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, and this expressly prohibits such liabilityAND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE BUILDING, OR ANY PORTION THEREOF. Pursuant to Section IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES ANY NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE SECTION 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 2 contracts

Samples: Office Lease (Syniverse Technologies Inc), Commencement Agreement (Brown & Brown Inc)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any 15.01 Lessor’s interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to construction liens for arising from Lessee’s work performed or materials supplied at Tenantalterations and any repairs made by Lessee to the Premises. Lessee will not knowingly permit or suffer any lien attributable to Lessee or its agents or employees to attach to the Premises and nothing contained herein shall be deemed to imply any agreement of Lessor to subject Lessor’s request interest or at estate to any construction lien or any other lien. If any construction lien is filed against the request Premises as a result of alterations, installations, improvements or repairs made or claimed to have been made by Lessee or anyone claiming an interest by, holding any part of the Premises through or under Tenant. FurtherLessee, or any contractor, vendor, supplier or other party providing work or services act of any of the foregoing, Lessee shall discharge the same within twenty (20) days from Lessee’s receipt of notice of the filing thereof. If Lessee fails to and so discharge by payment, bond or court order any such construction lien, Lessor, at its option, in addition to all other rights or remedies herein provided, may pay or bond said lien or claim for the Premises that is entitled account of Lessee without inquiring into the validity thereof, and all sums so advanced by Lessor shall be paid by Lessee to a mechanic’s lien pursuant Lessor as additional rent on demand, together with interest on all such amounts, at the rate of eighteen (18%) per annum. Pursuant to Chapter 713, Florida Statutes, Section 713.10, notice is hereby given that Lessor shall look solely not be liable for any labor or materials furnished or to be furnished to Lessee, and that no construction or other lien for any such labor or materials shall attach to or affect the reversionary or other estate or real or personal property interest of Lessor in and to the leasehold interest of the Tenant Premises. Lessee agrees, if requested by Lessor, to join with Lessor in the Lease and may not encumber execution of a short form lease or memorandum of lease to be recorded in the fee title to Public Records of Seminole County, Florida, for the Premises owned by the Landlord. Tenant shall provide purposes of giving notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Faro Technologies Inc)

Construction Liens. 20.01 Tenant shall have no power to do will not suffer or permit any act Construction Lien Claim or make any contract that may create or be Notice of Unpaid Balance and Right To File Lien ("Lien") against the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, Demised Premises and/or Property or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORpart thereof, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act work, services, material and/or equipment provided, or omission of claimed to have been provided, for or to Tenant or any contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant’s agents. If at any time a Lien is filed against the Demised Premises and/or Property, employees, contractors or representatives, then Tenant shall will cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after notice to Tenant of the filing thereofof same. Should If Tenant fail fails to discharge the lien any such Lien within thirty (30) dayssuch period, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond)then, plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all any other remedies available to right or remedy of Landlord, Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenantmay elect, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord but shall not be liable obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the Facility Premises shall not be subject to liens amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for work performed any of the aforesaid purposes, and all legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or materials supplied at Tenant’s request in or about procuring the discharge of such Lien, together with interest thereon at the request rate which CitiBank announces as its so called prime rate or base rate, from time to time, plus five (5%) percent, from the date of anyone claiming an interest bypayment or deposit, through or under Tenant. Furtherwill become due and payable forthwith by Tenant to Landlord, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leaseas additional rent.

Appears in 2 contracts

Samples: Lease Agreement (Windsortech Inc), Lease Agreement (Windsortech Inc)

Construction Liens. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant shall have upon credit, and that no power to do any act or make any contract that may create or be the foundation of any lien, mortgage mechanic's or other encumbrance upon lien for any such labor or materials shall attach to or affect the reversionary or other estate of Landlord, or any interest of Landlord in and to the Property or Facility Demised Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. If Tenant shall keep the Property and Facility Premises free from suffer or permit any construction liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien to be filed against the Property Demised Premises or Facility Premises any part thereof by reason of any act work, labor, services or omission of materials supplied or claimed to have been supplied to Tenant or anyone holding the Demised Premises or any of part thereof through or under Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty twenty (3020) days after the date of filing thereofthe same. Should If Tenant shall fail to discharge the such construction lien within thirty (30) dayssuch period, then then, in addition to any other right or remedy of Landlord, Landlord may may, but shall not be obligated to, discharge the liensame either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is, or may be, prescribed by law. The Any amount paid by Landlord for any of the aforesaid purposes, and all actual legal and other expenses of Landlord, including actual counsel fees, incurred in connection with the discharge of any such lien, together with all necessary disbursements in connection therewith, and together with interest thereon at a rate per annum equal to discharge the lien Prime Rate publicly announced by Comerica Bank from time to time, plus four percent (whether directly or by bond4%), plus all administrative and but in no event higher than the legal costs incurred by Landlordlimit, from the date of payment, shall be additional rent payable repaid by Tenant to Landlord on demand, and if unpaid may be treated as Additional Rent. The remedies provided Nothing herein contained shall be in addition to all other remedies available to Landlord under this Lease imply any consent or otherwise. The parties hereto agree that in no event shall agreement on the interest part of Landlord be to subject Landlord's estate to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or liability under Tenant’s direction. This provision shall serve as notice to all potential any construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leaselaw.

Appears in 2 contracts

Samples: Lease (Ha Lo Industries Inc), And Option Agreement (Ha Lo Industries Inc)

Construction Liens. During the Term Tenant shall have no power agrees to do promptly pay the fees, costs, expenses and charges of all architects, engineers, designers, contractors, subcontractors, sub-subcontractors, laborers and materialmen (hereinafter collectively referred to as “Tenant’s Contractors”) performing services or labor or supplying material in connection with any act Tenant’s Work or make any contract that may create “Alterations” (as defined in Section 8.01 hereinbelow) within or be to the foundation Demised Premises so as to prevent the possibility of any lienconstruction lien being filed against the Demised Premises, mortgage or other encumbrance upon the reversionary or other estate of Landlord, Project or any interest of Landlord in portion thereof. Notwithstanding the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORforegoing, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any should a construction lien or claim of lien be filed against the Property Demised Premises or Facility Premises by reason of any act or omission of Tenant the Project or any of portion thereof by any entity or Tenant’s agents, employees, contractors Contractors performing Tenant’s Work or representativesany Alterations, then Tenant shall cause the same to be canceled and discharged of record by bond deposit, bonding, payment or otherwise within thirty ten (3010) days after the earlier to occur of (i) Tenant’s knowledge thereof, and (ii) demand therefor by Landlord. Furthermore, Tenant agrees to indemnify Landlord against any damage or loss incurred by Landlord as a result of the filing thereofof any such construction lien or claim of lien. Should In the event Tenant fail fails to discharge the such construction lien or claim of lien within thirty said ten (3010) daysday period, then such failure shall be a material default hereunder, and Landlord may may, at its option, pay and discharge such liens and claims of lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include, without limitation, any attorney’s fees, paralegal’s fees and any and all costs associated therewith including litigation through all trial and appellate levels and any costs in posting bond to effect discharge or release of the lien. The amount paid by Nothing contained in this Lease shall be construed as a consent on the part of Landlord to discharge subject the lien (whether directly Demised Premises, the Project or by bond)any portion thereof, plus all administrative and legal costs incurred by Landlordto liability under the Construction Lien Law of the State of Florida as such law may now or may hereafter exist, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree it being expressly understood that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for Demised Premises and the Facility Premises Project shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenantsuch liability. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises Landlord hereby advises Tenant that is entitled to a mechanic’s lien pursuant to the provisions of Chapter 713, Florida Statutes, shall look solely Tenant has the obligation to the leasehold interest advise Tenant’s Contractors of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice existence of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.7.04

Appears in 2 contracts

Samples: Lease (Bankrate, Inc.), Lease (Bankrate Inc)

Construction Liens. Tenant shall have no power not suffer or permit any construction liens to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property Demised Premises or Facility Premises any part thereof by reason of any act work, labor, services or omission of materials supplied or claimed to have been supplied to Tenant or anyone holding the Demised Premises or any of part thereof through or under Tenant’s agents. If any such construction lien shall at any time be filed against the Demised Premises, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty twenty (3020) days after the date of filing thereofthe same. Should If Tenant shall fail to discharge the such construction lien within thirty (30) dayssuch period, then then, in addition to any other right or remedy of Landlord, Landlord may may, but shall not be obligated to, discharge the liensame either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is, or may be, prescribed by law. The Any amount paid by Landlord for any of the aforesaid purposes, and all actual legal and other expenses of Landlord, including actual counsel fees, in or about procuring the discharge of such lien, together with all necessary disbursements in connection therewith, and together with interest thereon at the rate equal to discharge the lien prime interest rate (whether directly or by bond)as defined in Section 5.6) plus five (5%) percent, plus all administrative and but in no event higher than the legal costs incurred by Landlordlimit, from the date of payment, shall be additional rent payable repaid by Tenant to Landlord on demand, and if unpaid may be treated as Additional Rent. The remedies provided Nothing herein contained shall be in addition to all other remedies available to Landlord under this Lease imply any consent or otherwise. The parties hereto agree that in no event shall agreement on the interest part of Landlord be to subject Landlord’s estate to liability under any construction lien law. In connection with the liens for improvements made construction of any Alteration, the performance of any maintenance, repairs or replacement pursuant to Section 11 by Tenant or any other construction performed by Tenant, Tenant shall prior to commencing construction post (and this expressly prohibits such liability. Pursuant provide Landlord the opportunity to Section 713.10post) notices in the visible locations within the construction area advising all contractors, Florida Statutessubcontractors, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors laborers and materialmen that Landlord shall not be liable has no responsibility for the construction of the Alterations, maintenance, repairs, replacements or other construction by Tenant and that Landlord’s interest in the Facility Site, Building and Demised Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at any construction lien. Tenant does hereby agree to indemnify, defend and hold Landlord and the request of anyone claiming an interest bySite, through or under Tenant. FurtherBuilding and Demised Premises (and any portion thereof) harmless from and against any and all losses, any contractorcosts, vendordamages, supplier expenses, liabilities and obligations, including, without limitation, reasonable attorneys fees resulting from the assertion, filing, foreclosure or other party providing work legal proceedings with respect to any such construction lien or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leaselien.

Appears in 1 contract

Samples: Subordination, Nondisturbance and Attornment Agreement (NightHawk Radiology Holdings Inc)

Construction Liens. Tenant shall have Borrower (i) will allow no power work or construction to do any act or make any contract that may create or be commenced on the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of LandlordFinanced Property, or any interest goods specially fabricated for incorporation therein, which has not been fully paid for prior to the recording of Landlord in the Property Mortgage and Notice of Commencement or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORwhich could constitute a lien on the Financed Property, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out (ii) will cause a Notice of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same Commencement to be canceled recorded and discharged a certified copy of record the Notice of Commencement to be posted as required by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, showing the Lender as an additional person to receive notices to owner and Lender as the lender financing the Improvements, (iii) shall look solely notify Lender of any and all Notices to the leasehold interest of the Tenant Borrower as Owner as that term is defined in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10Chapter 713, Florida Statutes, within five (5) days of receipt thereof, and (iv) will comply with all provisions of the Florida Construction Lien Law, including but not limited to, payment and notice provisions contained therein. Borrower shall save and hold Lender harmless from the claims of any construction lien or memorandum equitable lien and pay promptly upon demand any loss or losses which Lender may incur as a result of this Leasethe filing of any such lien, including the reasonable cost of defending same and the Lender's reasonable attorneys fees in connection therewith. In addition, Borrower agrees, at its sole cost and expense, to have any construction lien or equitable lien which may be filed against the Financed Property or undisbursed funds of the Loan released or bonded within ten (10) days of the date of filing same, or else Borrower shall file a notice of contest in respect of the lien as provided in Section 713.22 of the Florida Statutes within said ten (10) day period, time being of the essence. If Borrower files a notice of contest as aforesaid and a suit is instituted by the lienor, then the Borrower shall cause the lien to be released or bonded within ten (10) days after the suit is filed. Lender shall be under no obligation to make other disbursements while any such lien remains outstanding against the Financed Property. If Borrower fails, after demand, to cause said lien or items to be released or bonded as aforesaid, Lender may take such steps as it deems necessary and any funds expended shall be charged to the Loan account and shall bear interest as provided by the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Newmark Homes Corp)

Construction Liens. Tenant shall have no power agrees that it will fully comply with Florida's Construction Lien Law and make full and prompt payment of all sums necessary to do any act or make any contract that may create or be pay for the foundation cost of any lienrepairs, mortgage alterations, improvements, changes or other encumbrance upon work done by Tenant to the reversionary or other estate of LandlordLeased Premises and further agrees to indemnify and hold harmless Landlord from and against any and all such costs and liabilities incurred by Tenant, or and against any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any all construction liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenantfrom such work. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled It is expressly understood and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree agreed that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall not be subject to liens for improvements made by Tenant in and to the Leased Premises. Tenant at or under Tenant’s directionshall notify each and every contractor making any such improvements of the provision set forth in the preceding sentence of this paragraph. This provision shall serve as notice At Landlord's request, the parties agree to all potential construction lienors execute, acknowledge and deliver to Landlord without charge a Construction Lien Notice, in recordable form, containing a confirmation that the interest of the Landlord shall not be liable for and the Facility Premises shall not be subject to liens for improvements made by Tenant to the Leased Premises. In the event any notice or claim of lien shall be asserted of record against the interest of Landlord in the Leased Premises or Building on account of any improvement or work performed done by or materials supplied at for Tenant’s request , or at the request of anyone any person claiming an interest by, through or under Tenant. Further, any contractoror for improvements or work the cost of which is the responsibility of Tenant, vendorTenant agrees to have such lien canceled and discharged of record (either by payment or bond as permitted by law) within ten (IO) days after notice to Tenant by Landlord, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. event Tenant shall provide notice of this provision fail to all contractorsdo so, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision Tenant shall be included considered in any recorded notice default under Section 713.10, Florida Statutes, or memorandum the terms of this Lease.

Appears in 1 contract

Samples: Lease (Cobratec Inc)

Construction Liens. Except for work undertaken by Landlord and to be paid for by Landlord, Tenant shall have no power pay or cause to do any act be paid all costs for work done by Tenant or make any contract that caused to be done by Tenant on the Premises of a character which will or may create result in liens on Landlord’s interest therein and Tenant will keep the Premises free and clear of all mechanic’s liens and other liens on account of work done for Tenant or be the foundation persons claiming under it. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including reasonable attorneys’ fees, incurred on account of any lien, mortgage or other encumbrance upon the reversionary or other estate claims of Landlordany nature whatsoever for work performed for, or materials or supplies furnished to Tenant, including lien claims of laborers, material men or others. Should any interest of Landlord in such liens be filed or recorded against the Property Premises with respect to work done or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, for materials furnished, or obligations incurred by supplied to or on behalf of TenantTenant or any action affecting the title thereto be commenced, Tenant shall cause such liens to be removed of record within five (5) days after notice from Landlord or any other source. Should If Tenant desires to contest any such claim of lien, it shall furnish Landlord with security reasonably satisfactory to Landlord which equals at least 200 percent of the amount of the claim, plus estimated costs and interest and if a final judgment establishing the validity or existence of any lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or suit to foreclose such a lien has been recorded or filed and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or claim of lien be filed against and any costs, and the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agentsamount so paid, employeestogether with reasonable attorneys’ fees incurred in connection therewith, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount interest on such sums paid by Landlord to discharge at the lien (whether directly or Default Rate from the date of payment until reimbursed by bond), plus all administrative and legal costs incurred by Landlord, Tenant shall be additional rent payable on demandimmediately due from Tenant to Landlord. The remedies provided herein In addition, any failure by Tenant to comply with the provisions of this Paragraph shall be in addition deemed an Event of Default entitling Landlord to pursue all other remedies available to Landlord under pursuant to the terms of this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Lease (Somanetics Corp)

Construction Liens. Tenant shall have no power will pay or cause to do any act be paid all costs and charges for all work done by Tenant or make any contract that may create caused to be done by Tenant, in or be to the foundation of any lienPremises, mortgage or other encumbrance upon the reversionary or other estate of Landlordand for all materials furnished for, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORconnection with, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISESsuch work. Tenant shall keep the Property will indemnify Landlord against and Facility Premises free hold Landlord harmless of and from any all construction liens arising out and claims of any liens, and all other liabilities on account of such work performed, materials furnished, or obligations incurred by or on behalf of Tenant, other than work performed by Landlord. Should If any such lien, at any time, is filed against any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days. If Tenant fails to pay any charge for which a construction lien has been filed, or claim has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest without inquiring into the validity thereof. The amount so paid, together with reasonable attorneys’ fees incurred, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord’s interest in the Project to liability under any construction or other lien law. If Tenant receives Notice that a lien has been or is about to be filed against the Property Premises or Facility Premises by reason of the Project, or that any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee action affecting title to the Premises owned by the Landlord. Tenant shall provide notice Project has been commenced on account of this provision to all contractorswork done by, vendorsor for, suppliers, and other parties providing work or materials at furnished to, or for, Tenant, it will immediately give Landlord Notice of such lien notice. At least fifteen (15) days prior to the commencement of any work in or to the Premises, Tenant will give Landlord Notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. The foregoing provision shall be included Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leasesuch liens.

Appears in 1 contract

Samples: Office Lease (Fitbit Inc)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY PREMISES OR FACILITY PREMISESTHE BUILDING. Tenant shall keep the Property Premises and Facility Premises the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property Premises or Facility Premises the Building by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty ten (3010) days after the filing thereof. Should Tenant fail to discharge the lien within thirty ten (3010) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent Additional Rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by TenantTENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, and this expressly prohibits such liabilityAND NO MECHANIC’S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE BUILDING, OR ANY PORTION THEREOF. Pursuant to Section IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE SECTION 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Commencement Agreement (Accentia Biopharmaceuticals Inc)

Construction Liens. Tenant Section 7.01. Lessee will keep the Premises free and clear of mechanics', laborers', or materialmen's liens, and other liens of similar nature, which may arise in connection with any work performed on the Premises by or at the direction or sufferance of Lessee; provided, however, that Lessee shall have no power the right to contest the validity or the amount of any such lien or claimed lien, if Lessee shall, within ten (10) days after Lessee is informed that the lien is filed against the Premises, give to Lessor or any mortgagee of the Premises ( a "Mortgagee"), such reasonable security as may be demanded by Lessor or a Mortgagee to insure payment of such lien and prevent any sale, foreclosure or forfeiture of the Premises by reason of such nonpayment. On final determination of the lien or claimed lien, Lessee shall immediately pay any judgement rendered, with all proper costs and charges, and shall have the lien released or judgment satisfied at Lessee's own expense. Should any such lien be placed on the Premises and the same ripen into a judgment which has become final, Lessor, at its option, may pay any such final judgment and clear the Premises therefrom, and any monies so paid out by Lessor on account of any such judgment shall be repaid by Lessee to Lessor at the next ensuing rent day and shall draw interest at the Lease Interest Rate from time of payment by Lessor until repaid by Lessee. Section 7.02. In the event any lien is filed against the Premises or any such action is commenced affecting the title hereto, as between Lessor and Lessee, the notified party shall give the other prompt written notice thereof. Section 7.03. Nothing in this Lease shall authorize Lessee to, and Lessee shall not do any act which will in any way encumber the title of Lessor in and to the Premises, nor shall the interest or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord Lessor in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from be in any liens arising out of way subject to any work performed, materials furnished, or obligations incurred claim whatsoever by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason virtue of any act or omission of Tenant Lessee. Any claim to a lien upon the Premises arising from any act or any omission of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, Lessee shall be additional rent payable on demand. The remedies provided herein valid only against Lessee and shall in all respects be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject subordinate to the liens for improvements made by Tenant, title and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest rights of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for Lessor and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone any person claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services Lessor in and to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision Lessee shall be included remove any lien or encumbrance on its interest in the Premises within ten (10) days after it has received notice thereof; provided, however, that Lessee may in good faith contest any recorded notice under Section 713.10, Florida Statutes, such item if it posts a bond or memorandum of this Leaseother adequate security with Lessor. ARTICLE VIII.

Appears in 1 contract

Samples: Innovo Group Inc

Construction Liens. Tenant shall have no power agrees that it will make full and prompt payment of all sums necessary to do any act or make any contract that may create or be pay for the foundation cost of any lienrepairs, mortgage alterations, improvements, changes or other encumbrance upon work done by Tenant to the reversionary Premises and further agrees to indemnify and hold harmless Landlord from and against any and all such costs and liabilities incurred by Tenant, and against any and all construction liens arising out of or other estate of Landlordfrom such work or the cost thereof which may be asserted, claimed or any charged against the Premises or the Building or site on which it is located. Notwithstanding anything to the contrary in this Lease, the interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant Premises shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall not be subject to liens for improvements made by or for Tenant, whether or not the Tenant at same shall be made or under done in accordance with any agreement between Landlord and Tenant’s direction. This provision , and it is specifically understood and agreed that in no event shall serve as notice to all potential construction lienors that Landlord shall not or the interest of Landlord in the Premises be liable for and the Facility Premises shall not be subject or subjected to any construction liens for improvements or work performed made by or materials supplied at for Tenant’s request ; and this Lease specifically prohibits the subjecting of Landlord's interest in the Premises to any construction liens for improvements made by Tenant or at for which Tenant is responsible for payment under the request terms of anyone this Lease. All persons dealing with Tenant are hereby placed upon notice of this provision. In the event any notice or claim of lien shall be asserted of record against the interest of Landlord in the Premises or Building or the site on which it is located on account of or growing out of any improvement or work done by or for Tenant, or any person claiming an interest by, through or under Tenant. Further, any contractorfor improvements or work the cost of which is the responsibility of Tenant, vendor, supplier or other party providing work or services Tenant agrees to have such notice of claim of lien cancelled and for discharged of record as a claim against the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant Landlord in the Lease Premises, the Building or the Property (either by payment or bond as permitted by law), within ten (10) days after notice to Tenant by Landlord, and may not encumber in the fee title to the Premises owned by the Landlord. event Tenant shall provide notice of this provision fail to all contractorsdo so, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision Tenant shall be included considered in any recorded notice default under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ursus Telecom Corp)

Construction Liens. Tenant promptly shall have no power pay for any labor, services, materials, supplies or equipment furnished to do any act Tenant in or make any contract that may create or be about the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Premises and the Property and Facility Premises free from any liens arising out of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant. Tenant shall take all steps permitted by law in order to avoid the imposition of any such lien. Should any such lien or notice of such lien be filed against the Premises or the Property, Tenant shall discharge the same by bonding or otherwise within 10 days after Tenant has notice that the lien or claim is filed regardless of the validity of such lien or claim. In accordance with the applicable provisions of the Florida Construction Lien Law and specifically Florida Statutes, Section 713.10, neither the Property nor any interest of Landlord in the Property shall be subject in any way to any liens, including construction liens or any type of construction lien, for improvements to or other work performed, materials furnished, or obligations incurred performed with respect to the Property by or on behalf of Tenant. Should any lien Tenant acknowledges that Tenant, with respect to improvements or claim alterations made by or on behalf of lien be filed against Tenant hereunder, shall promptly notify the contractor making such improvements to the Premises of this provision exculpating the Property and Landlord’s interest in the Property from any such liens. Further, nothing in this Lease is intended to authorize Tenant to do or Facility Premises by reason cause any work to be done or materials to be supplied for the account of any act or omission Landlord, all of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens solely for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for account and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request risk and expense. Throughout the Term “construction lien” is used to include any lien, encumbrance or at charge levied or imposed upon all or any portion of, interest in or income from the request Property on account of anyone claiming an interest byany mechanic’s, through laborer’s, materialman’s or under Tenant. Further, construction lien or arising out of any debt or liability to or any claim of any contractor, vendormechanic, supplier supplier, materialman or other party providing work laborer and shall include any potential lienor’s notice of intention to file a lien given to Landlord or services Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and for the Premises that is any injunctive or equitable action brought by any person claiming to be entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leaseconstruction lien.

Appears in 1 contract

Samples: Lease Agreement (TherapeuticsMD, Inc.)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any ’s interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant Premises shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall not be subject to liens for improvements made by the Tenant, and Tenant at shall have no power or under Tenant’s directionauthority to create any lien or permit any lien to attach to the Premises or to the present estate, reversion or other estate of Landlord in the Premises herein demised or on the Building or other improvements thereon as a result of improvements made by Tenant or for any other cause or reason. This provision All materialmen, contractors, artisans, mechanics and laborers and other persons contracting with Tenant with respect to the Premises or any part thereof, or any such party who may avail himself of any lien against realty (whether same shall serve proceed in law or in equity), are hereby charged with notice that such liens are expressly prohibited and that they must look solely to Tenant to secure payment for any work done or material furnished for improvements by Tenant or for any other purpose during the term of this Lease. Tenant shall indemnify Landlord against any loss or expenses incurred as notice a result of the assertion of any such lien, and Tenant covenants and agrees to all potential construction lienors that transfer any claimed or asserted lien to a bond or such other security as may be permitted by law within ten (10) days of the assertion of any such lien or claim of lien. In the event Tenant fails to transfer such lien to a bond or other security within such ten (10) day period, then, in addition to its other remedies specified in this Lease, Landlord shall not be liable for and have the Facility Premises shall not be subject right to liens for work performed or materials supplied at Tenant’s request or at discharge the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier lien claimed to bond or other party providing work security permitted by law and in any such event, Tenant shall pay all costs so incurred by Landlord immediately upon demand therefor. Tenant shall advise all persons furnishing designs, labor, materials or services to and for the Premises that is entitled to a mechanicin connection with Tenant’s lien pursuant to Chapter 713improvements thereof, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice provisions of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this LeaseArticle.

Appears in 1 contract

Samples: Office Lease (Marpai, Inc.)

Construction Liens. Tenant Borrower (i) will allow no work or construction to be commenced on the Land, or goods specially fabricated for incorporation therein, which has not been fully paid for prior to the recording of the Deed to Secure Debt and Notice of Commencement or which could constitute a lien on the Premises, (ii) will cause a certified copy of the Notice of Commencement to be posted as required by the construction lien law of the State of Georgia, as soon as possible after recording of the Notice of Commencement, (iii) shall have no power to do any act or make any contract that may create or be the foundation notify Administrative Agent of any and all Notices to Borrower as Owner as that term is defined in construction lien law of the State of Georgia, within five (5) days of receipt thereof, and (iv) will comply in all material respects with all provisions of the construction lien law of the State of Georgia, including, but not limited to, payment and notice provisions contained therein. Borrower shall save and hold Administrative Agent harmless from the claims of any construction lien or equitable lien and pay promptly upon demand any loss or losses which Administrative Agent may incur as a result of the filing of any such lien, mortgage or other encumbrance upon including the reversionary or other estate reasonable cost of Landlorddefending same and the Administrative Agent’s reasonable attorneys’ fees in connection therewith. In addition, or Borrower agrees, at its sole cost and expense, to have any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any construction lien or claim of equitable lien which may be filed against the Property Premises or Facility Premises by reason undisbursed funds of any act this Loan released or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise bonded within thirty (30) days after of the date of filing thereofsame, time being of the essence. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, Administrative Agent shall be additional rent payable on demand. The remedies provided herein shall be in addition under no obligation to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits make further disbursements while any such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at remains outstanding against the Premises. The foregoing provision If Borrower fails, after demand, to cause said lien or liens to be released or bonded as aforesaid, Administrative Agent may take such steps as it deems necessary and any funds expended shall be included charged to Borrower’s Loan account and shall bear interest as provided by the Loan Documents. Borrower hereby authorizes Administrative Agent to demand, on Borrower’s behalf, a statement of account in accordance with the mechanics’ and materialmen’s lien laws of the State of Georgia, of any recorded potential lienor filing a notice under Section 713.10to owner. It is specifically understood and agreed, Florida Statuteshowever, that Administrative Agent’s right to request such statements of account will in no way impose any obligation on Administrative Agent to use such authority, and the exercise of such authority on one or memorandum of this Leasemore occasion shall not create or imply any obligation on such party to exercise such authority on subsequent occasions.

Appears in 1 contract

Samples: Construction Loan Agreement (CNL Growth Properties, Inc.)

Construction Liens. ​ Under no circumstance shall Landlord’s interest in the Property be subject to any liens for any Alterations made by Tenant. Tenant shall have no power notify all contractors making Alterations in the Premises or otherwise on Xxxxxx’s behalf that the Landlord’s interest in the Property is not subject to do any act liens and that the Lease contains a provision prohibiting a lien on the Landlord’s interest in the Property. At Landlord’s election, Xxxxxx shall join Landlord in executing a short form of this Lease which Landlord shall record in the Public Records of Broward County, Florida, to evidence the foregoing provision. No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration or make any contract that may create or repair, shall be deemed to be for the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate immediate use and benefit of Landlord, or any interest nor shall Tenant be deemed to be the agent of Landlord in performing such work, so that no construction lien shall be allowed against the Property or Facility estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of pay promptly all persons furnishing labor or materials with respect to any work performed, materials furnished, performed by Tenant or obligations incurred by its contractor on or on behalf of Tenantabout the Premises. Should If any lien or claim of lien shall at any time be filed against the Premises or any other portion of the Property or Facility Premises by reason of any act work, labor, services or omission of materials performed or furnished, or alleged to have been performed or furnished to Tenant or to anyone holding the Premises through or under Tenant (including any of Tenant’s agentssubtenant), employeesTenant shall, contractors or representativeswithin five (5) Business Days thereafter, then Tenant shall cause the same to be canceled and discharged of record by or bonded to the satisfaction of Landlord, at Tenant’s sole cost and expense. If Tenant shall fail to cause such lien to be so discharged or bonded within such five (5) day period, then, in addition to any other right or remedy of Landlord, Landlord may bond or otherwise within thirty discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord, including attorneys’ fees and court costs incurred by Landlord either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the rate of fifteen percent (3015%) days after the filing thereofper year shall be immediately due and payable by Tenant to Landlord as Additional Rent. Should If Tenant shall fail to discharge the cause such lien to be so discharged within thirty such five (305) daysday period, then then, in addition to any other right or remedy of Landlord, Landlord may discharge the lien. The same by paying the amount claimed to be due, and the amount so paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, including ​ attorneys’ fees incurred by Landlord either in defending against such lien or in procuring the discharge of such lien, together with interest thereon at the Default Rate shall be additional rent immediately due and payable on demand. The remedies provided herein shall be in addition to all other remedies available by Tenant to Landlord under this Lease or otherwise. The parties hereto agree as Additional Rent; it being hereby expressly covenanted and agreed that in no event shall the interest of Landlord be subject to the liens for improvements made such discharge by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and deemed to waive, or release, the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request default of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in not discharging the Lease and may not encumber the fee title to the Premises owned by the Landlordsame. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Lease (Assure Holdings Corp.)

Construction Liens. From and after the Commencement Date of the Lease Tenant shall have no power pay all costs for modifications, alterations and additions done by it or caused to do any act or make any contract that may create or be done by it on the foundation Premises as permitted by this Lease (other than the construction of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Project) and Tenant shall keep the Property and Facility Premises free and clear of all construction liens resulting from any liens arising out modifications, alterations and additions done by or for Tenant; provided, however, Tenant shall have the right to contest the correctness or validity of any work performedsuch Lien by appropriate proceedings conducted in good faith with due diligence. Within ( ) days following written notice from Landlord, materials furnishedXxxxxx shall discharge said Lien of record or record a bond which complies with the requirements of RCW 60.04.161 eliminating said Xxxx as an encumbrance against the Premises if in the reasonable exercise of Landlord’s judgment the protection of the Premises or Landlord’s interest therein shall require such payment. In the event Tenant shall fail to so remove any such Lien, or obligations Landlord may take such action as Landlord shall reasonably determine to remove such Lien and all costs and expenses incurred by or on behalf Landlord including, without limitation, amounts paid in good faith settlement of Tenantsuch Lien and attorneys’ fees and costs shall be paid by Tenant to Landlord. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then obligations pursuant to this Section 12 shall survive the Expiration Date of this Lease. Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors acknowledges that Landlord shall not be liable for and the Facility Premises shall not be subject cause Developer to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for keep the Premises that is entitled free and clear of all construction liens resulting from the initial construction of the Project (including the right to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely contest same by appropriate proceedings conducted in good faith with due diligence) under the terms of the Development Agreement prior to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum Commencement Date of this Lease. If Developer shall fail to do so, Landlord shall protect, defend, indemnify and hold Tenant harmless against any such liens.

Appears in 1 contract

Samples: Lease Agreement

AutoNDA by SimpleDocs

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any 's interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to ------------------ liens for work performed repairs or improvements made by Tenant upon the Leased Premises. Tenant shall not permit any construction lien to be filed against the Leased Premises or against Tenant's leasehold interest in the Leased Premises by reason of work, labor, services or materials supplied at Tenant’s request to Tenant or at anyone holding the request of anyone claiming an interest by, Leased Premises through or under Tenant. FurtherIf any such construction lien shall at any time be filed against the Leased Premises, Tenant shall, within sixty (60) days after notice of the filing thereof, cause such lien to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to cause such lien to be discharged within such sixty (60) day period, then, after ten (10) days' written notice by Landlord, in addition to any contractorother right or remedy of Landlord, vendorLandlord may, supplier but shall not be obligated to, discharge such lien, either by payment of the amount claimed to be due or other party providing work by procuring the discharge of such lien by deposit or services by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to and compel the prosecution of an action for the Premises that is entitled foreclosure of such construction lien by the lienor and to a mechanic’s lien pursuant pay the amount of the judgment for and in favor of the lienor, with interest, costs and other allowances. Any amount reasonably paid by Landlord for any of such purposes shall be repaid by Tenant to Chapter 713Landlord on demand, Florida Statutesand if unpaid, shall look solely to be treated as additional rent at Landlord's option. At the leasehold request of either party, Landlord and Tenant shall execute an affidavit in recordable form for the purpose of notifying third parties that the Landlord's interest of the Tenant in the Lease and may Leased Premises is not encumber the fee title subject to the Premises owned any such construction liens for work performed by the LandlordTenant. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision Said affidavit shall be included recorded in any recorded notice under Section 713.10the Public Records of Orange County, Florida Statutes, or memorandum of this LeaseFlorida.

Appears in 1 contract

Samples: Lease Agreement (Crawford Equipment & Engineering Co)

Construction Liens. Tenant Sublessee shall have no power pay or cause to do any act be paid all costs for work done by Sublessee or make any contract that caused to be done by Sublessee on the Premises of a character which will or may create result in liens on Sublessor’s interest therein and Sublessee will keep the Premises free and clear of all mechanic’s liens and other liens on account of work done for Sublessee or be the foundation persons claiming under it. Sublessee and Sublessor each hereby agree to indemnify, defend and save each other harmless of and from all liability, loss, damage, costs or expenses, including reasonable attorneys’ fees, incurred on account of any lien, mortgage or other encumbrance upon the reversionary or other estate claims of Landlordany nature whatsoever for work performed for, or materials or supplies furnished to Sublessee, including lien claims of laborers, materialmen or others. Should any interest of Landlord in such liens be filed or recorded against the Property Premises with respect to work done or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, for materials furnished, or obligations incurred by supplied to or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant Sublessee or any of Tenant’s agentsaction affecting the title thereto be commenced, employees, contractors or representatives, then Tenant Sublessee shall cause the same such liens to be canceled and discharged removed of record by bond or otherwise within thirty five (305) days after notice from Sublessor. If Sublessee desires to contest any such claim of lien, it shall furnish Sublessor with adequate security of at least 150 percent (150%) of the filing thereof. Should Tenant fail to discharge amount of the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond)claim, plus all administrative estimated costs and legal costs incurred by Landlordinterest, and if a final judgment establishing the validity or existence of any lien for any amount is entered, Sublessee shall be additional rent payable on demandpay and satisfy the same at once. The remedies provided herein If Sublessee shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that default in no event shall the interest of Landlord be subject to the liens paying any charge for improvements made by Tenant, and this expressly prohibits which such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant or suit to Chapter 713foreclose such a lien has been recorded or filed and shall not have given Sublessor security as aforesaid, Florida StatutesSublessor may (but without being required to do so) pay such lien or claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall look solely be immediately due from Sublessee to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this LeaseSublessor.

Appears in 1 contract

Samples: Office Building Sublease (Taubman Centers Inc)

Construction Liens. From and after the Commencement Date of the Lease Tenant shall have no power pay all costs for modifications, alterations and additions done by it or caused to do any act or make any contract that may create or be done by it on the foundation Premises as permitted by this Lease (other than the construction of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Project) and Tenant shall keep the Property and Facility Premises free and clear of all construction liens resulting from any liens arising out modifications, alterations and additions done by or for Tenant; provided, however, Tenant shall have the right to contest the correctness or validity of any work performedsuch Lien by appropriate proceedings conducted in good faith with due diligence. Within ( ) days following written notice from Landlord, materials furnishedTenant shall discharge said Lien of record or record a bond which complies with the requirements of RCW 60.04.161 eliminating said Lien as an encumbrance against the Premises if in the reasonable exercise of Landlord’s judgment the protection of the Premises or Landlord’s interest therein shall require such payment. In the event Tenant shall fail to so remove any such Lien, or obligations Landlord may take such action as Landlord shall reasonably determine to remove such Lien and all costs and expenses incurred by or on behalf Landlord including, without limitation, amounts paid in good faith settlement of Tenantsuch Lien and attorneys’ fees and costs shall be paid by Tenant to Landlord. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then obligations pursuant to this Section 12 shall survive the Expiration Date of this Lease. Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors acknowledges that Landlord shall not be liable for and the Facility Premises shall not be subject cause Developer to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for keep the Premises that is entitled free and clear of all construction liens resulting from the initial construction of the Project (including the right to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely contest same by appropriate proceedings conducted in good faith with due diligence) under the terms of the Development Agreement prior to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum Commencement Date of this Lease. If Developer shall fail to do so, Landlord shall protect, defend, indemnify and hold Tenant harmless against any such liens.

Appears in 1 contract

Samples: Lease Agreement

Construction Liens. Tenant shall have no power will pay or cause to do any act be paid all costs and charges for work all done by Tenant or make any contract that may create caused to be done by Tenant, in or be to the foundation of any lienPremises, mortgage or other encumbrance upon the reversionary or other estate of Landlordand for all materials furnished for, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORconnection with, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISESsuch work. Tenant shall keep the Property will indemnify Landlord against and Facility Premises free hold Landlord harmless of and from any all construction liens arising out and claims of any liens, and all other liabilities on account of such work performed, materials furnished, or obligations incurred by or on behalf of Tenant, other than work performed by Landlord. Should If any such lien, at any time, is filed against any part of the Project, Tenant will cause such lien to be discharged of record within ten (10) days. If Tenant fails to pay any charge for which a construction lien has been filed, or claim has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest without inquiring into the validity thereof. The amount so paid, together with reasonable attorneys' fees incurred, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Project to liability under any construction or other lien law. If Tenant receives Notice that a lien has been or is about to be filed against the Property Premises or Facility Premises by reason of the Project, or that any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee action affecting title to the Premises owned by the Landlord. Tenant shall provide notice Project has been commenced on account of this provision to all contractorswork done by, vendorsor for, suppliers, and other parties providing work or materials at furnished to, or for, Tenant, it will immediately give Landlord Notice of such lien notice. At least fifteen (15) days prior to the commencement of any work in or to the Premises, Tenant will give Landlord Notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. The foregoing provision shall be included Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leasesuch liens.

Appears in 1 contract

Samples: Office Lease (Kindercare Learning Centers Inc /De)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any Lessor's interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant Leased Premises shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall not be subject to liens for improvements made by Lessee and Lessee shall have no power or authority to create any lien or permit any lien to attach to Lessee's leasehold or to the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest byestate, through or under Tenant. Further, any contractor, vendor, supplier reversion or other estate of Lessor in the Leased Premises or any improvements of which the Leased Premises are a part. All contractors, artisans, mechanics and laborers and other persons supplying design services, materials or labor or contracting with Lessee with respect to the Leased Premises or any part thereof, or any party providing work or services to and for the Premises that is entitled to claim a mechanic’s construction lien pursuant to Chapter 713, under the laws of Florida Statutes, (whether same shall proceed in law or in equity) are hereby charged with notice that they shall look solely to Lessee to secure payment of any amounts due for work done or material furnished to Lessee relating to the leasehold interest Leased Premises, or for any other purpose during the Lease Term. Lessee covenants and agrees that Lessee shall indemnify the Indemnified Parties against all such claims and Lessee covenants and agrees to transfer any claimed or asserted lien to a bond or such other security as may be permitted by law within thirty (30) days of the Tenant assertion of any such lien or claim of lien. In the event Lessee fails to transfer such lien to bond or other security within such thirty (30) day period then, in addition to its other remedies specified in this Lease, Lessor shall have the Lease right to discharge the lien or to transfer the lien claimed to bond or other security permitted by law and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leasesuch event Lessee shall pay all costs so incurred by Lessor immediately upon demand therefor.

Appears in 1 contract

Samples: Lease Agreement (Health Management Associates Inc)

Construction Liens. Tenant shall have no power agrees that it will make full and prompt payment of all sums necessary to do any act or make any contract that may create or be pay for the foundation cost of any lienrepairs, mortgage alterations, improvements, changes or other encumbrance upon work done by Tenant to the reversionary Premises and further agrees to indemnify and hold harmless Landlord from and against any and all such costs and liabilities incurred by Tenant, and against any and all construction or other estate contractors liens arising out of Landlordor from such work or the cost thereof which may be asserted, claimed or any charged against the Premises or the Building or site on which it is located. Notwithstanding anything to the contrary in this Lease, the interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant Premises shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall not be subject to liens for improvements made by or for the Tenant at Tenant, whether or under not the same shall be made or done in accordance with any agreement between Landlord and Tenant’s direction. This provision , and it is specifically understood and agreed that in no event shall serve as notice to all potential construction lienors that Landlord shall not or the interest of Landlord in the Premises be liable for and the Facility Premises shall not be subject or subjected to any construction or contractors liens for improvements or work performed made by or materials supplied at for Tenant’s request ; and this Lease specifically prohibits the subjecting of Landlord's interest in the Premises to any construction or at contractors liens for improvements made by Tenant or for which Tenant is responsible for payment under the request terms of anyone this Lease. All persons dealing with Tenant are hereby placed upon notice of this provision. In the event any notice or claim of lien shall be asserted of record against the interest of Landlord in the Premises or Building or the site on which it is located on account of or growing out of any improvement or work done by or for Tenant, or any person claiming an interest by, through or under Tenant. Further, any contractorfor improvements or work the cost of which is the responsibility of Tenant, vendor, supplier or other party providing work or services Tenant agrees to have such notice of claim of lien canceled and for discharged of record as a claim against the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant Landlord in the Lease Premises, the Building or the Property (either by payment or bond as permitted by law) within ten (10) days after notice to Tenant by Landlord, and may not encumber in the fee title to the Premises owned by the Landlord. event Tenant shall provide notice of this provision fail to all contractorsdo so, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision Tenant shall be included in any recorded notice default under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bright Mountain Holdings, Inc./Fl)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any 15.01 Lessor’s interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to construction liens for arising from Lessee’s work performed or materials supplied at Tenantalterations and any repairs made by Lessee to the Premises. Lessee will not knowingly permit or suffer any lien attributable to Lessee or its agents or employees to attach to the Premises and nothing contained herein shall be deemed to imply any agreement of Lessor to subject Lessor’s request interest or at estate to any construction lien or any other lien. If any construction lien is filed against the request Premises as a result of alterations, installations, improvements or repairs made or claimed to have been made by Lessee or anyone claiming an interest by, holding any part of the Premises through or under Tenant. FurtherLessee, or any contractor, vendor, supplier or other party providing work or services act of any of the foregoing, Lessee shall discharge the same within twenty (20) days from the filing thereof. If Lessee fails to and so discharge by payment, bond or court order any such construction lien, Lessor, at its option, in addition to all other rights or remedies herein provided, may pay or bond said lien or claim for the Premises that is entitled account of Lessee without inquiring into the validity thereof, and all sums so advanced by Lessor shall be paid by Lessee to a mechanic’s lien pursuant Lessor as additional rent on demand, together with interest on all such amounts, at the rate of eighteen (18%) per annum. Pursuant to Chapter 713, Florida Statutes, Section 713.10, notice is hereby given that Lessor shall look solely not be liable for any labor or materials furnished or to be furnished to Lessee, and that no construction or other lien for any such labor or materials shall attach to or affect the reversionary or other estate or interest of Lessor in and to the leasehold interest of Land and to the Tenant Premises. Lessee agrees, if requested by Lessor, to join with Lessor in the Lease and may not encumber execution of a short form lease or memorandum of lease to be recorded in the fee title to Public Records of Seminole County, Florida, for the Premises owned by the Landlord. Tenant shall provide purposes of giving notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Faro Technologies Inc)

Construction Liens. (a) Tenant shall have no power will not voluntarily suffer or permit any contractor’s, subcontractors or supplier’s lien (a “Construction Lien”) to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property Premises or Facility Premises any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any act or omission of Tenant Construction Lien shall at any time be filed against the Premises or any of part thereof, Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court or competent jurisdiction or otherwise. Should If Tenant shall fail to discharge cause such Construction Lien to be discharged within the lien within thirty (30) daysperiod aforesaid, then in addition to any other right or remedy, Landlord may may, but shall not be obligated to, discharge it either by paying the lienamount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. The Any amount so paid by Landlord to discharge the lien (whether directly or by bond)Landlord, plus all administrative of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal costs incurred fees), shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand with interest from the date of advance by Landlord at the Default Rate. Nothing in this Lease, or in any consent to the making of alterations or improvements contained shall be deemed or construed in any way as constituting authorization by Landlord for the making of any alterations or additions by Tenant within the meaning of Section 3 of the Construction Lien Law (P.L. 1993, c. 318) or any amendment thereof, or constituting a request by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition express or implied, to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, subcontractor or supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to performance of any labor or the leasehold interest furnishing of any materials for the Tenant in the Lease and may not encumber the fee title to the Premises owned by the use or benefit or Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Lease (Ameriquest, Inc.)

Construction Liens. Tenant shall have no power All persons are hereby notified that Landlord’s interest in the Leased Premises will never, under any circumstances, be subject to do any act or make any contract that may create or be the foundation construction liens of any liennature during the term of this Lease as the result of labor, mortgage materials or services contracted by Tenant. Tenant will not suffer or permit any construction or other encumbrance upon liens to be filed against all or any portion of the reversionary Leased Premises, nor against Tenant’s leasehold interest therein by reason of work, labor, services, or other estate materials supplied or claimed to have been supplied to Tenant, and nothing in this Lease will be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, to any interest contractor, subcontractor, subcontractor, laborer, or material/supplier for the performance of Landlord in any labor or the Property furnishing of any materials for any specific improvement, alteration, or Facility repair of the Leased Premises, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any construction or other liens against the Leased Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from If any such construction liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be are filed against the Property or Facility Leased Premises by reason of at any act or omission of time, Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall will cause the same to be canceled and discharged of record by bond or otherwise within thirty ten (3010) days after the filing thereofdate of recordation of the lien. Should If Tenant fail fails to discharge the lien within thirty (30) dayslien, then Landlord may discharge bond or pay the lien or claim for the account of Tenant without inquiring into the validity of the lien. The Any amount paid expended by Landlord to discharge pay or bond the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall will be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord Additional Rent under this Lease or otherwise. The parties hereto agree that in no event shall the interest of and will be immediately due and payable to Landlord be subject to the liens for improvements made by Tenant. Tenant agrees that if a short form of this Lease is recorded in the Public Records of the county in which the Office Plaza is located, and this it will include a provision expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest prohibiting the attachment of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential aforesaid construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services liens to and for the Premises that is entitled to a mechanicLandlord’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Leased Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leaseas stated above.

Appears in 1 contract

Samples: Lease (Suncoast Bancorp Inc)

Construction Liens. If Tenant causes any lien to be recorded against any portion of the Premises or against Landlord’s or Tenant’s interest therein, Tenant shall discharge it immediately. If any such lien is recorded and not discharged by Tenant within fifteen (15) days following recording, Landlord shall have no power the right to do take any act or make any contract that may create or and all steps deemed necessary by Landlord to remove such lien, without providing prior notice to Tenant, and the cost thereof shall be paid immediately from Tenant to Landlord as Additional Rent. Xxxxxxxx's interest in the foundation Premises shall not be subjected to liens of any liennature by reason of Tenant's construction, mortgage alteration, renovation, repair, restoration, replacement or other encumbrance upon reconstruction of any improvements on or in the reversionary or other estate of LandlordPremises, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any other act or omission of Tenant (or of any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone person claiming an interest by, through or under Tenant) including, but not limited to, contractors', mechanics' and materialmen's liens. Further, any contractor, vendor, supplier or other party providing work or services Tenant has no authority to and for subject Xxxxxxxx's interest in the Premises that is entitled to a any contractors', mechanic’s 's or materialmen's lien pursuant to Chapter 713, Florida Statutes, shall look solely or claim of lien. Tenant hereby acknowledges and agrees to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlordfollowing: THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS TO THE PREMISES MADE BY TENANT, NOTWITHSTANDING ANY APPROVAL BY LANDLORD OF ANY CONTRACT WITH ANY CONTRACTOR, OR LANDLORD"S APPROVAL OF ANY SUCH IMPROVEMENT(S) AND/OR ALTERATION. Tenant shall provide notice of this provision to all contractorsPRIOR TO ENTERING INTO ANY CONTRACT FOR THE CONSTRUCTION OF ANY ALTERATION, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section TENANT SHALL IN COMPLIANCE WITH SECTION 713.10, Florida StatutesFLORIDA STATUTES, or memorandum of this LeaseNOTIFY THE CONTRACTOR MAKING IMPROVEMENTS TO THE PREMISES OF THE FOREGOING PROVISION (AND PROVIDE WRITTEN ACKNOWLEDGEMENT THEREOF TO LANDLORD), AND TENANT"S KNOWING OR WILLFUL FAILURE TO PROVIDE SUCH NOTICE TO THE CONTRACTOR SHALL RENDER THE CONTRACT BETWEEN TENANT AND THE CONTRACTOR VOIDABLE AT THE OPTION OF THE CONTRACTOR. IN ADDITION, ANY FAILURE BY TENANT (WHETHER KNOWING, WILLFUL OR OTHERWISE) TO PROVIDE SUCH NOTICE TO THE CONTRACTOR SHALL CONSTITUTE A DEFAULT UNDER THIS LEASE, AND IN THAT EVENT LANDLORD MAY, BUT SHALL NOT BE REQUIRED TO, EXERCISE ALL REMEDIES AVAILABLE UNDER THIS LEASE AS A RESULT OF SUCH DEFAULT.

Appears in 1 contract

Samples: Railroad Square Commercial Lease Agreement

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY PREMISES OR FACILITY PREMISESTHE BUILDING. Tenant shall keep the Property Premises and Facility Premises the Building free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property Premises or Facility Premises the Building by reason of any act or omission of Tenant or any of Tenant’s 's agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty ten (3010) days after the filing thereof. Should Tenant fail to discharge the lien within thirty ten (3010) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent Additional Rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by TenantTENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK IN THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, and this expressly prohibits such liabilityAND NO MECHANIC'S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE STATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE BUILDING, OR ANY PORTION THEREOF. Pursuant to Section IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES AND NOTICES WHICH LANDLORD SHALL BE REQUIRED SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE SECTION 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Lease.

Appears in 1 contract

Samples: Office Lease (XRG Inc)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any 's interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens ------------------ for work performed repairs or improvements made by Tenant upon the Leased Premises. Tenant shall not permit any construction lien to be filed against the Leased Premises or against Tenant's leasehold interest in the Leased Premises by reason of work, labor, services or materials supplied at Tenant’s request to Tenant or at anyone holding the request of anyone claiming an interest by, Leased Premises through or under Tenant. FurtherIf any such construction lien shall at any time be filed against the Leased Premises, Tenant shall, within sixty (60) days after notice of the filing thereof, cause such lien to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to cause such lien to be discharged within such sixty (60) day period, then, after ten (10) days' written notice by Landlord, in addition to any contractorother right or remedy of Landlord, vendorLandlord may, supplier but shall not be obligated to, discharge such lien, either by payment of the amount claimed to be due or other party providing work by procuring the discharge of such lien by deposit or services by bonding proceedings, and in any such event Landlord shall be entitled, if Landlord so elects, to and compel the prosecution of an action for the Premises that is entitled foreclosure of such construction lien by the lienor and to a mechanic’s lien pursuant pay the amount of the judgment for and in favor of the lienor, with interest, costs and other allowances. Any amount reasonably paid by Landlord for any of such purposes shall be repaid by Tenant to Chapter 713Landlord on demand, Florida Statutesand if unpaid, shall look solely to be treated as additional rent at Landlord's option. At the leasehold request of either party, Landlord and Tenant shall execute an affidavit in recordable form for the purpose of notifying third parties that the Landlord's interest of the Tenant in the Lease and may Leased Premises is not encumber the fee title subject to the Premises owned any such construction liens for work performed by the LandlordTenant. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision Said affidavit shall be included recorded in any recorded notice under Section 713.10the Public Records of Orange County, Florida Statutes, or memorandum of this LeaseFlorida.

Appears in 1 contract

Samples: Lease Agreement (Crawford Equipment & Engineering Co)

Construction Liens. 20.01 Tenant shall have no power to do will not suffer or permit any act Construction Lien Claim or make any contract that may create or be Notice of Unpaid Balance and Right To File Lien ("LIEN") against the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, Demised Premises and/or Property or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABORpart thereof, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act work, services, material and/or equipment provided, or omission of claimed to have been provided, for or to Tenant or any contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant’s agents. If at any time a Lien is filed against the Demised Premises and/or Property, employees, contractors or representatives, then Tenant shall will cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after notice to Tenant of the filing thereofof same. Should If Tenant fail fails to discharge the lien any such Lien within thirty (30) dayssuch period, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond)then, plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all any other remedies available right or remedy of Landlord, Landlord may elect, but will not be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord under this Lease or otherwise. The parties hereto agree that in no event shall for any of the interest of Landlord be subject to the liens for improvements made by Tenantaforesaid purposes, and this expressly prohibits all legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such liability. Pursuant to Section 713.10Lien, Florida Statutes, this provision specifically provides that no together with interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or thereon at the request rate which CitiBank announces as its so called prime rate or base rate, from time to time, plus five (5%) percent, from the date of anyone claiming an interest bypayment or deposit, through or under Tenant. Furtherwill become due and payable forthwith by Tenant to Landlord, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leaseas additional rent.

Appears in 1 contract

Samples: Lease Agreement (Sentigen Holding Corp)

Construction Liens. Tenant shall have no power to do any act or make any contract that may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Property or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of Tenant. Should any lien or claim of lien be filed against the Property or Facility Premises by reason of any act or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same to be canceled and discharged of record by bond or otherwise within thirty (30) days after the filing thereof. Should Tenant fail to discharge the lien within thirty (30) days, then Landlord may discharge the lien. The amount paid by Landlord to discharge the lien (whether directly or by bond), plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, it is the intent of the parties hereto that Landlord’s interest in the Leased Premises shall not be subject to any construction liens, or other liens arising from Tenant’s or its contractor’s or subcontractors’ failure to make payments in connection with any buildings or improvements installed or constructed on the Leased Premises. Nothing contained in this provision Ground Lease shall be construed to confer upon any party, including without limitation, material suppliers and contractors, the right to file a construction lien or other lien or any claim related thereto, nor to perform any labor or to furnish any materials for the account of Landlord in respect to the construction of any improvements, alterations or repairs to the Leased Premises by Tenant, its employees, agents or contractors. Any person furnishing labor or materials to or for the benefit of the Leased Premises on account of Tenant or its subtenants (excluding any work performed by Landlord pursuant to the terms of the Redevelopment Agreement), shall look only to Tenant’s leasehold estate for the satisfaction of any construction or other lien. If any construction or other liens shall be filed against Landlord’s fee interest in the Leased Premises by reason of or arising out of any labor or materials furnished or alleged to have been furnished to or for Tenant at the Leased Premises, the Tenant shall, within ten (10) days of the date Tenant receives notice thereof, either pay or bond the same or procure the discharge thereof in such manner as may be provided by law. Tenant shall also defend on behalf of Landlord at the Tenant’s sole cost and expense any action, suit or proceeding which may be brought thereon or for the enforcement of such liens or orders, and Tenant shall pay any damage and discharge any judgment entered therein and indemnify and hold Landlord harmless from any claim, costs, including reasonable attorney fees, or damage resulting therefrom or arising in connection therewith. During the entire term of this Ground Lease, Tenant shall pay for all labor performed and material furnished at Tenant’s request for the excavation, erection, repair, alterations and improvements of the buildings and improvements to be constructed and erected by Tenant on the Leased Premises pursuant to the terms of this Ground Lease or the Redevelopment Agreement. Tenant shall include in its contracts for construction on the Leased Premises the following requirements: (i) Landlord be included as an indemnified party in all indemnifications from contractor; (ii) Landlord be included as an additional insured on contractors commercial general liability policy and be provided with an endorsement evidencing same; (iii) Landlord be included in all waivers of subrogation for claims related general liability and/or builder’s risk coverage; and (iv) a statement as follows: “Tenant advises Contractor that Tenant leases the land upon which the improvements shall be constructed from the CITY OF JACKSONVILLE, a municipal corporation and political subdivision of the State of Florida, (“Landlord”). In accordance with the applicable provisions of the Florida Construction Lien Law and specifically provides that Florida Statutes, Section 713.10, no interest of the Landlord in any personalty or in the Leased Premises or in the underlying land or in the improvements located on the Leased Premises or Landlord’s fee or other interest therein shall be subject to liens for improvements made by Tenant or caused to be made by Tenant as contemplated in this Contract. Contractor shall cause the Tenant at or under Tenantforegoing disclosure and prohibition on claims of liens filed against Xxxxxxxx’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or at the request of anyone claiming an interest by, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant in the Lease foregoing property and may not encumber the fee title Leased Premises to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in all bid documents and/or Subcontracts entered into for performance of all work.” To the extent it is necessary for Tenant to record a Notice of Commencement in connection with work performed by or on behalf of Tenant at the Leased Premises, Tenant shall only record a Notice of Commencement in a form acceptable to Landlord in its sole and absolute discretion, and only after written approval from Landlord to record the same. Should a Notice of Commencement be recorded in a form not previously approved by Landlord with respect to the Leased Premises as a result of work performed by Tenant at the Leased Premises, Tenant shall immediately cause such Notice of Commencement to be terminated and promptly provide to Landlord any recorded notice under Section 713.10title clearance documents that Landlord may request, Florida Statutes, and any failure to terminate as such or memorandum provide such documents shall be a material breach of this Ground Lease.

Appears in 1 contract

Samples: Redevelopment Agreement

Construction Liens. To the fullest extent permitted by Legal Requirements, Landlord’s consent to the making of any Tenant Alterations shall have no power not be deemed an agreement by Landlord to do any act subject Landlord or make any contract that may create its interest in the Premises or be the foundation of Property to any lien, mortgage charge or other encumbrance upon which may be filed in connection with such permitted Tenant Alterations. Tenant covenants and agrees that it will pay or cause to be paid all sums due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the reversionary Premises by or other on behalf of Tenant and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate of Landlord, or any against the interest of Landlord in the Property Premises or Facility Premises. NO CONSTRUCTION LIENS OR OTHER LIENS FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED TO THE PREMISES SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE PROPERTY OR FACILITY PREMISES. Tenant shall keep the Property and Facility Premises free from any liens under this Lease arising out of any such work performed, materials furnished, or obligations incurred performed by or on behalf of Tenant. Should Tenant shall give Landlord prompt written notice of the placing of any lien or claim of lien be filed encumbrance against the Property Premises after Tenant obtains actual knowledge of such lien or Facility Premises by reason of any act encumbrance and cause such lien or omission of Tenant or any of Tenant’s agents, employees, contractors or representatives, then Tenant shall cause the same encumbrance to be canceled and discharged of record by bond or otherwise within thirty twenty (3020) days after Txxxxx receives notice or otherwise obtains actual knowledge of the filing or recording thereof, whether by paying the claimant, obtaining a discharge and recording or filing same, as applicable, or by recording a surety bond in accordance with applicable Legal Requirements, or by any other then-customary process with respect to the type of lien or encumbrance involved. Should If, within the aforesaid 20-day period, Tenant fail fails to discharge the cause such lien within thirty (30) daysor other encumbrance to be so discharged of record, bonded over or otherwise disposed of in accordance with any customary process as provided above, then Landlord may discharge shall have the lien. The amount paid option of discharging or bonding any such lien or other encumbrance, and Txxxxx agrees to reimburse Landlord, as Additional Rent, for all costs, expenses and other sums of money incurred by Landlord to discharge the lien (whether directly or by bond)in connection therewith, plus all administrative and legal costs incurred by Landlord, shall be additional rent payable on demand. The remedies provided herein shall be in addition to all other remedies available to Landlord under this Lease or otherwise. The parties hereto agree that in no event shall the with interest of Landlord be subject to the liens for improvements made by Tenant, and this expressly prohibits such liability. Pursuant to Section 713.10, Florida Statutes, this provision specifically provides that no interest of Landlord shall be subject to liens for improvements made by the Tenant at or under Tenant’s direction. This provision shall serve as notice to all potential construction lienors that Landlord shall not be liable for and the Facility Premises shall not be subject to liens for work performed or materials supplied at Tenant’s request or thereon at the request of anyone claiming an interest byInterest Rate from the date such cost was incurred, through or under Tenant. Further, any contractor, vendor, supplier or other party providing work or services to and for the Premises that is entitled to a mechanic’s lien pursuant to Chapter 713, Florida Statutes, shall look solely to the leasehold interest of the Tenant until repaid in the Lease and may not encumber the fee title to the Premises owned by the Landlord. Tenant shall provide notice of this provision to all contractors, vendors, suppliers, and other parties providing work or materials at the Premises. The foregoing provision shall be included in any recorded notice under Section 713.10, Florida Statutes, or memorandum of this Leasefull.

Appears in 1 contract

Samples: Lease Agreement (Canoo Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!