Common use of Construction Liens Clause in Contracts

Construction Liens. (a) Tenant will not suffer or permit any contractor’s, subcontractor’s or supplier’s lien (a “Construction Lien”) to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten (10) days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by Xxxxxxxx, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 4 contracts

Samples: Full Service Lease (GMH Communities Trust), Assignment of Lease (RAIT Financial Trust), Full Service Lease (GMH Communities Trust)

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Construction Liens. (a) Tenant agrees that it will not suffer make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or permit other work done by Tenant to the Premises and further agrees to indemnify and hold harmless Landlord from and against any contractor’sand all such costs and liabilities incurred by Tenant, subcontractor’s and against any and all construction liens arising out of or supplier’s lien (a “Construction Lien”) to from such work or the cost thereof which may be filed asserted, claimed or 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 Premises shall not be subject to liens for improvements made by or for the Tenant, whether or not the same shall be made or done in accordance with any part thereof agreement between Landlord and Tenant, and it is specifically understood and agreed that in no event shall Landlord or the interest of Landlord in the Premises be liable for or subjected to any construction liens for improvements or work made by reason of work, labor services or materials supplied or claimed to have been supplied to for Tenant; and if this Lease specifically prohibits the subjecting of Landlord’s interest in the Premises to any Construction Lien construction liens for improvements made by Tenant or for which Tenant is responsible for payment under the terms of 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 at any time be filed 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 part thereof, improvement or work done by or for Tenant, or any person claiming by, through or under Tenant, for improvements or work the cost of which is the responsibility of Tenant, Tenant agrees to have such notice of claim of lien canceled and discharged of record as a claim against the interest of Landlord in the Premises, the Building or the Property (either by payment or bond as permitted by law) within ten (10) days after notice of to Tenant by Landlord, and in the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If event Tenant shall fail to cause such Construction Lien to do so, Tenant shall be discharged within the period aforesaid, then considered in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal fees), shall constitute Additional Rent payable by Tenant default 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 RateLease. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by Xxxxxxxx, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 4 contracts

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

Construction Liens. (a) Tenant will not suffer or permit any contractor’s, subcontractor’s or supplier’s lien (a “Construction Lien”) to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten fifteen (1015) business days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by XxxxxxxxLandlord, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by XxxxxxxxLandlord, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 3 contracts

Samples: Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.)

Construction Liens. (a) Tenant will not suffer or permit any contractor’s's, subcontractor’s 's or supplier’s 's lien (a "Construction Lien") to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten thirty (1030) days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by XxxxxxxxLandlord, plus all of Landlord’s 's costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by XxxxxxxxLandlord, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 2 contracts

Samples: Lease (Sciquest Inc), Full Service Lease (Ict Group Inc)

Construction Liens. (a) Tenant will may not cause, suffer or permit permit, and shall have no authority to create, any contractor’s, subcontractor’s liens for labor or supplier’s lien (a “Construction Lien”) to be filed against materials on the interest of either the Landlord or of the lessor under any ground lease in the Premises or any part thereof by reason of work, labor services or materials supplied or claimed the Plaza. Notwithstanding anything to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten (10) days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing contrary in this Lease, the interest of Landlord shall not be subject to liens for improvements made by the Tenant. All other persons contracting with Tenant for the destruction or in removal of any consent facilities or other improvements or for the erection, installation, alteration or repair of any facilities or other improvements on or about the Premises, and all materialmen, contractors, subcontractors, mechanics and laborers are charged with notice that they must look only to the making Tenant and to the Tenant’s interest in the Premises to secure payment of alterations any bill for work done or improvements materials furnished at the request or instruction of Tenant. Nothing in this Lease shall be deemed or construed as in any way as constituting authorization by Landlord for the making of any alterations or additions by Tenant within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a consent, request or requirement by XxxxxxxxLandlord, express or implied, by inference or otherwise, to any contractor, subcontractor subcontractor, laborer or supplier materialman for the performance of any labor or the furnishing of any materials for any specific or general improvement, alteration or repair of or to the Premises or to any buildings or improvements thereon, or to any part thereof. Notwithstanding anything to the contrary in this Lease, or in any other writing signed by Landlord to the contrary, neither this Lease nor any other writing by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Xxxxxx was in fact for the immediate use or and benefit of Landlord. Neither the requirement in this Lease that the Tenant perform certain construction work in the Premises nor Landlord’s participation in the plan review and approval process should be deemed to make the Tenant an agent of Landlord for any purpose, including without limitation, in carrying out the construction work required by this Lease. Any such construction work will be done exclusively for the benefit of the Tenant, will not be performed for or on behalf of Landlord, with Landlord receiving no benefit from such work. When a new tenant acquires possession of the Premises, such new tenant will be required to make improvements to the Premises that will suit the particular needs of the new tenant. (b) In order to eliminate the possibility of any construction, mechanics’ lien or materialmen’s lien being asserted against the Premises or the Plaza, Tenant shall not permit any of Tenant’s contractors, subcontractors or materialmen to start any work on the Premises or deliver any materials to the Premises until they have first executed such waivers, stipulations and other instruments as Landlord may reasonably require to assure itself that the Premises and the Plaza will not be subject to any such liens. In states or commonwealths where a waiver of or stipulation against such liens may be filed in court or of public record, Tenant shall not permit its contractors, subcontractors or materialmen to commence any work on, or deliver any materials to the Premises until written waivers of, or stipulations against, mechanics’ liens that are satisfactory to Landlord have been properly executed and filed in court or of public record in accordance with the laws of the state or commonwealth where the Plaza is located. Further, Xxxxxx agrees that it will not enter into any contract for construction work to the Premises unless the following language is included in such contract: “Notwithstanding anything herein to the contrary, the contractor acknowledges that Xxxxxx holds only a leasehold interest in the property which is the subject matter of this contract. Tenant is not the agent of the owner of the property, and no lien resulting from work performed under this contract will attach to the interest of such owner.” Landlord and its representatives shall have the right to go upon and inspect the Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility or such other notices that Landlord may deem to be proper for the protection of Landlord’s interest in the Premises and the Plaza. (c) If a lien is filed, Tenant shall notify Landlord in writing within five (5) days of Xxxxxx’s receiving notice of such lien. Tenant may contest the lien in good faith, but even if Tenant contests the lien, within ten (10) days after the lien is filed, Tenant shall have the lien released of record by payment, bond, court order, or otherwise. If Tenant fails to release of record any such lien within the above period, at its option Landlord may pay the claim or post a bond. Tenant will indemnify Landlord against any loss or expenses incurred as a result of the assertion of any such lien prohibited by this Section, including the reimbursement of Landlord of its cost to pay the claim or post bond. Any payments, costs and expenses, including without limitation reasonable attorney’s fees and expenses incurred by Landlord, and an administrative fee equal to TWO THOUSAND AND 00/100 DOLLARS ($2,000.00) to reimburse Landlord for its administrative expense in connection with such lien, will be paid by Xxxxxx as Additional Rent within thirty (30) days of billing, together with interest at the Default Rate from the dates such amounts are incurred. Xxxxxx agrees that the above sum is a reasonable fee as liquidated damages for Xxxxxx’s failure to release of record any such lien as required by this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Construction Liens. (a) Tenant agrees that it will not suffer make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or permit other work done by Tenant to the Premises and further agrees to indemnify and hold harmless Landlord from and against any contractor’sand all such costs and liabilities incurred by Tenant, subcontractor’s and against any and all construction or supplier’s lien (a “Construction Lien”) to contractors liens arising out of or from such work or the cost thereof which may be filed asserted, claimed or 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 Premises shall not be subject to liens for improvements made by or for the Tenant, whether or not the same shall be made or done in accordance with any part thereof agreement between Landlord and Tenant, and it is specifically understood and agreed that in no event shall Landlord or the interest of Landlord in the Premises be liable for or subjected to any construction or contractors liens for improvements or work made by reason of work, labor services or materials supplied or claimed to have been supplied to for Tenant; and if this Lease specifically prohibits the subjecting of Landlord's interest in the Premises to any Construction Lien construction or contractors liens for improvements made by Tenant or for which Tenant is responsible for payment under the terms of 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 at any time be filed 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 part thereof, improvement or work done by or for Tenant, or any person claiming by, through or under Tenant, for improvements or work the cost of which is the responsibility of Tenant, Tenant agrees to have such notice of claim of lien canceled and discharged of record as a claim against the interest of Landlord in the Premises, the Building or the Property (either by payment or bond as permitted by law) within ten (10) days after notice of to Tenant by Landlord, and in the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If event Tenant shall fail to cause such Construction Lien to do so, Tenant shall be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal fees), shall constitute Additional Rent payable by Tenant default 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 RateLease. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by Xxxxxxxx, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 1 contract

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

Construction Liens. (a) Tenant will not voluntarily suffer or permit any contractor’s's, subcontractor’s 's or supplier’s 's lien (a "Construction Lien") to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten thirty (1030) days after notice of the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of or competent jurisdiction or otherwise. If Tenant shall fail to cause such Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by XxxxxxxxLandlord, plus all of Landlord’s 's costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) 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 49 P.S. Sections 1101-1902, as amended, amended or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by XxxxxxxxLandlord, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of or Landlord.

Appears in 1 contract

Samples: Sublease and Environmental Conditioning Agreement (Capsule Communications Inc De)

Construction Liens. (a) All persons are hereby notified that Landlord’s interest in the Leased Premises will never, under any circumstances, be subject to construction liens of any nature during the term of this Lease as the result of labor, materials or services contracted by Tenant. Tenant will not suffer or permit any contractor’s, subcontractor’s construction or supplier’s lien (a “Construction Lien”) other liens to be filed against the Premises all or any part thereof portion of the Leased Premises, nor against Tenant’s leasehold interest therein by reason of work, labor services labor, services, or materials supplied or claimed to have been supplied to Tenant; , and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten (10) days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then nothing in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements shall will be deemed or construed in any way as constituting authorization by Landlord for the making consent or request of any alterations or additions by Tenant within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by XxxxxxxxLandlord, express or implied, to any contractor, subcontractor subcontractor, subcontractor, laborer, or material/supplier for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair of the use Leased Premises, nor as giving Tenant any right, power, or benefit 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. If any such construction liens are filed against the Leased Premises at any time, Tenant will cause the same to be discharged of record within ten (10) days after the date of recordation of the lien. If Tenant fails to discharge the lien, Landlord may bond or pay the lien or claim for the account of Tenant without inquiring into the validity of the lien. Any amount expended by Landlord to pay or bond the lien will be Additional Rent under this Lease and will be immediately due and payable to Landlord 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, it will include a provision expressly prohibiting the attachment of the aforesaid construction or other liens to Landlord’s interest in the Leased Premises as stated above.

Appears in 1 contract

Samples: Lease (Suncoast Bancorp Inc)

Construction Liens. (a) Tenant will not suffer or permit any contractor’s, subcontractor’s or supplier’s lien (a “Construction Lien”) to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten thirty (1030) days after receipt of written notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by XxxxxxxxLandlord, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by XxxxxxxxLandlord, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 1 contract

Samples: Full Service Lease (JGWPT Holdings Inc.)

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Construction Liens. (a) Tenant will not voluntarily suffer or permit any mechanic's, contractor’s's, subcontractor’s 's or supplier’s 's lien (a "Construction Lien") to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten thirty (1030) days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by XxxxxxxxLandlord, plus all of Landlord’s 's costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereofTenant, or constituting a request by XxxxxxxxLandlord, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 1 contract

Samples: Triple Net Lease (Hirsch International Corp)

Construction Liens. (a) Tenant will not suffer promptly shall pay for any labor, services, materials, supplies or permit equipment furnished to Tenant in or about the Premises. Tenant shall keep the Premises and the Property free from any contractor’sliens arising out of any labor, subcontractor’s services, materials, supplies or supplier’s 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 (a “Construction Lien”) to or notice of such lien be filed against the Premises or any part thereof the Property, Tenant shall discharge the same by reason of work, labor services bonding or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, otherwise within ten (10) 10 days after Tenant has notice that the lien or claim is filed regardless of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge validity of such lien by deposit or by bonding proceedingsclaim. Any amount so paid by XxxxxxxxIn accordance with the applicable provisions of the Florida Construction Lien Law and specifically Florida Statutes, plus all Section 713.10, neither the Property nor any interest of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal fees), shall constitute Additional Rent payable by Tenant under this Lease and Landlord in the Property shall be paid by Tenant to Landlord on demand with interest from the date of advance by Landlord at the Default Rate. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements shall be deemed or construed subject in any way as constituting authorization to any liens, including construction liens or any type of construction lien, for improvements to or other work performed with respect to the Property by Landlord or on behalf of Tenant. Tenant acknowledges that Tenant, with respect to improvements or alterations made by or on behalf of 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 cause any work to be done or materials to be supplied for the making account of Landlord, all of the same to be solely for Tenant’s account and at Tenant’s risk and expense. Throughout the Term “construction lien” is used to include any lien, encumbrance or charge levied or imposed upon all or any portion of, interest in or income from the Property on account of any alterations mechanic’s, laborer’s, materialman’s or additions by Tenant within the meaning construction lien or arising out of 49 P.S. Sections 1101-1902, as amended, any debt or under the Contractor and Subcontractor Payment Act liability to or any amendment thereof, or constituting a request by Xxxxxxxx, express or implied, to claim of any contractor, subcontractor mechanic, supplier, materialman or supplier for the performance laborer and shall include any potential lienor’s notice of intention to file a lien given to Landlord or Tenant, any labor stop order given to Landlord or the furnishing Tenant, any notice of refusal to pay naming Landlord or Tenant and any materials for the use injunctive or benefit of Landlordequitable action brought by any person claiming to be entitled to any construction lien.

Appears in 1 contract

Samples: Lease Agreement (TherapeuticsMD, Inc.)

Construction Liens. (a) Tenant agrees that it will not suffer make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or permit other work done by Tenant to the Premises and further agrees to indemnify and hold harmless Landlord from and against any contractor’sand all such costs and liabilities incurred by Tenant, subcontractor’s and against any and all construction liens arising out of or supplier’s lien (a “Construction Lien”) to from such work or the cost thereof which may be filed asserted, claimed or 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 Premises shall not be subject to liens for improvements made by or for Tenant, whether or not the same shall be made or done in accordance with any part thereof agreement between Landlord and Tenant, and it is specifically understood and agreed that in no event shall Landlord or the interest of Landlord in the Premises be liable for or subjected to any construction liens for improvements or work made by reason of work, labor services or materials supplied or claimed to have been supplied to for Tenant; and if this Lease specifically prohibits the subjecting of Landlord's interest in the Premises to any Construction Lien construction liens for improvements made by Tenant or for which Tenant is responsible for payment under the terms of 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 at any time be filed 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 part thereofimprovement or work done by or for Tenant, or any person claiming by, through or under Tenant, for improvements or work the cost of which is the responsibility of Tenant, Tenant agrees to have such notice of claim of lien cancelled and discharged of record as a claim against the interest of Landlord in the Premises, the Building or the Property (either by payment or bond as permitted by law), within ten (10) days after notice of to Tenant by Landlord, and in the filing thereof, shall cause it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If event Tenant shall fail to cause such Construction Lien to do so, Tenant shall be discharged within the period aforesaid, then considered in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal fees), shall constitute Additional Rent payable by Tenant default 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 RateLease. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by Xxxxxxxx, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ursus Telecom Corp)

Construction Liens. (a) Tenant will not suffer or permit any contractor’sTo the fullest extent permitted by Legal Requirements, subcontractor’s or supplier’s lien (a “Construction Lien”) to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten (10) days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Xxxxxxxx, plus all of Landlord’s costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements any Tenant Alterations shall not be deemed or construed in any way as constituting authorization an agreement by Landlord for to subject Landlord or its interest in the making of any alterations Premises or additions by Tenant within the meaning of 49 P.S. Sections 1101-1902, as amended, or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by Xxxxxxxx, express or implied, Property to any contractorlien, subcontractor charge or supplier for the performance encumbrance 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 furnishing Premises by or 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 or against the interest of Landlord in the Premises or under this Lease arising out of such work performed by or on behalf of Tenant. Tenant shall give Landlord prompt written notice of the placing of any materials lien or encumbrance against the Premises after Tenant obtains actual knowledge of such lien or encumbrance and cause such lien or encumbrance to be discharged within twenty (20) 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. If, within the aforesaid 20-day period, Tenant fails to cause such lien or 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 shall have the 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 in connection therewith, with interest thereon at the use or benefit of LandlordInterest Rate from the date such cost was incurred, until repaid in full.

Appears in 1 contract

Samples: Lease Agreement (Canoo Inc.)

Construction Liens. (a) Tenant will not voluntarily suffer or permit any contractor’s's, subcontractor’s 's or supplier’s 's lien (a "Construction Lien") to be filed against the Premises or any part thereof by reason of work, labor services or materials supplied or claimed to have been supplied to Tenant; and if any Construction Lien shall at any time be filed against the Premises or any part thereof, Tenant, within ten thirty (1030) days after notice of the filing thereof, shall cause it 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 Construction Lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by XxxxxxxxLandlord, plus all of Landlord’s 's reasonable costs and expenses associated therewith (including, without limitation, reasonable legal 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. (b) Nothing in this Lease, or in any consent to the making of alterations or improvements 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 49 P.S. Sections 1101-1902, as amended, amended or under the Contractor and Subcontractor Payment Act or any amendment thereof, or constituting a request by XxxxxxxxLandlord, express or implied, to any contractor, subcontractor or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Immune Response Corp)

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