COVENANT AGAINST. LIENS Tenant shall keep the Project and Premises free from any liens or encumbrances arising out of the work performed, materials furnished or obligations incurred by or on behalf of Tenant, and shall protect, defend, indemnify and hold Landlord harmless from and against any claims, liabilities, judgments or costs (including, without limitation, reasonable attorneys' fees and costs) arising out of same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any such work on the Premises (or such additional time as may be necessary under Applicable Laws) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility (to the extent applicable pursuant to then Applicable Laws). Tenant shall remove any such lien or encumbrance by bond or otherwise within ten (10) business days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof.
COVENANT AGAINST. CONTINGENT FEES CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies retained by CONTRACTOR for the purpose of securing business. For breach or violation of this warranty, LACOE shall have the right to immediate termination of this Contract and, at its sole discretion, deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or commission fee.
COVENANT AGAINST. CONTINGENT FEES CM@Risk affirms that it has not employed or retained any company or person, other than a bona fide employee working for CM@Risk, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of the Contract. For breach or violation of this clause, City shall terminate this Contract or in its discretion may deduct from the Contract price or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift or contingent fee from CM@Risk.
COVENANT AGAINST. CONTINGENT FEES Subrecipient shall warrant that no person or other organization has been employed or retained to solicit or secure this Subaward upon contract or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Institute shall have the right to annul this Subaward without liability in accordance with this Subaward or, in its discretion, to deduct from this Subaward or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee, or to seek such other remedies as legally may be available.
COVENANT AGAINST. CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.
COVENANT AGAINST. LIENS Tenant shall keep the Project and Premises free from any liens or encumbrances arising out of the work performed, materials furnished or obligations incurred by or on behalf of Tenant, and shall protect, defend, indemnify and hold Landlord harmless from and against any third party claims, liabilities, judgments or costs (including reasonable attorneys’ fees and costs) arising out of same or in connection therewith. Except as to Alterations as to which no notice is required under the second sentence of Section 8.1, Tenant shall give Landlord notice at least ten (10) business days prior to the commencement of any such work on the Premises (or such additional time as may be necessary under applicable laws) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility (to the extent applicable pursuant to then applicable laws). Tenant shall remove any such lien or encumbrance by bond or otherwise within ten (10) business days after notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof.
COVENANT AGAINST. LIENS Tenant shall keep the Project and Premises free from any liens or encumbrances arising out of the work performed, materials furnished or obligations incurred by or on behalf of Tenant, and shall protect, defend, indemnify and hold Landlord harmless from and against any third-party claims, liabilities, judgments or costs (including, without limitation, reasonable attorneys’ fees and costs) arising out of same or in connection therewith. Except as to Permitted Alterations, Tenant shall give Landlord notice at least ten (10) business days prior to the commencement of any such work on the Premises (or such additional time as may be necessary under Applicable Laws) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility (to the extent applicable pursuant to then Applicable Laws). Tenant shall remove any such lien or encumbrance by bond or otherwise within ten (10) business days after notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof.
COVENANT AGAINST. CONTINGENT FEES Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. WASPC will have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.
COVENANT AGAINST. LIENS Tenant agrees that it shall not encumber the Premises or the Lease by any lien, charge or encumbrance. The violations of this Article shall be considered a default by Tenant unless the Tenant removes the lien or bonds it within thirty (30) days after Tenant receives notice of the lien. After notice to Tenant, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but no obligation, to cause the same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien. All such sums paid by Landlord and all expenses incurred by it in connection therewith, including attorneys' fees and costs, shall be payable to Landlord by Tenant on demand with interest until paid. Landlord shall have the right at all times to post and keep posted on the Premises any notices permitted or required by law, or which Landlord shall deem proper, for the protection of Landlord and the Premises, and any other party having an interest therein, from mechanics' and materialmen's liens.
COVENANT AGAINST. LIENS Tenant covenants and agrees not to permit any lien of mechanics or materialmen to be placed against the Building or any part thereof, and, in case of any such lien attaching, to immediately pay off and remove the same. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law, or otherwise, to attach to or be placed upon the Building or any part thereof. In the event of a lien being placed against the Building, Tenant shall have the right to contest such lien provided it gives the Landlord security, adequate in Landlord's sole discretion, to insure payment thereof. Adequate security is defined as a deposit of monies by the Tenant with the Landlord equal to one hundred and fifty percent (150%) of the amount of said lien, to be held by the Landlord without obligation for payment of interest thereon to Tenant, or in lieu of a deposit of monies, a bond or letter of credit equal to one hundred and fifty percent (150%) of the amount of said lien, the terms of which shall be satisfactory to the Landlord. The deposit, the bond or letter of credit ("Security") will be returned to the Tenant, less reasonable attorneys fees and other costs incurred by the Landlord and less any Rental due from the Tenant, if any, when the Landlord receives satisfactory evidence that the Building has been fully and completely released from the lien. The Landlord shall have the right to apply the Security to the payment and release of the lien at any time it determines or finds, in its sole and exclusive discretion, that (i) the Tenant is not diligently contesting the claim, or (ii) a court or arbitrator determines the lien is valid, even though the Tenant may have appealed, or intends to appeal, such court order or award, (iii) the lien holder initiates foreclosure proceedings against the Building, or (iv) a period of three hundred and sixty-five (365) days have expired since the date of said lien without release or adjudication thereof. Any funds remaining from the Security after payment of the lien, shall first be applied to the payment of Landlord's attorneys fees and other costs incurred as a result of this matter, then to the payment of any Rental due from the Tenant to the Landlord, if any, and the balance, if any, shall be paid to the Tenant within thirty (30) days after the date of the release of the lien.
