Common use of COVENANT AGAINST LIENS Clause in Contracts

COVENANT AGAINST LIENS. Lessee shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.

Appears in 3 contracts

Samples: Sublease (Supportsoft Inc), Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)

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COVENANT AGAINST LIENS. Lessee shall not allow any liens ------------------------------------- arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s 's or Lessee’s 's interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.

Appears in 3 contracts

Samples: Triple Net Building Lease (At Home Corp), Triple Net Building Lease (Phone Com Inc), Triple Net Building Lease (At Home Corp)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 3 contracts

Samples: Office Lease (Xactly Corp), Office Lease (1st Pacific Bancorp), Office Lease (PDF Solutions Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Real Property or any portion of eitherthereof, with respect and any and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Real Property or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 3 contracts

Samples: Office Lease (Nabriva Therapeutics PLC), Office Lease (Intralase Corp), Office Lease (Advanced Medical Optics Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant; interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record, by payment, statutory bond or other lawful means. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty on or before the date which is thirty (2030) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant. Landlord, Lessor at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 3 contracts

Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon the Premises or any other portion of the Park Place Project, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s leasehold interest in the Premises, only. Lessee Notwithstanding anything to the contrary contained in this Lease, including, without limitation, Article 14, Tenant shall not suffer voluntarily create or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to encumbrance on Tenant’s leasehold hereunder. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Park Place Project, the Building or the Premises, or any portion thereof, with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises (7including, without limitation, in connection with any Alterations) days before beginning construction and, in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers notice of such lien is delivered by Landlord to Tenant (or within such shorter time period as is required by the lien to Lesseeterms of any Underlying Mortgage), Lessor may Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any of its obligations, immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 3 contracts

Samples: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant shall not cause or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee Tenant shall cause the lien it to be immediately released and removed of record. Despite If any other provision of this Lease, if the such lien is not released and removed within twenty fifteen (2015) days after Lessor delivers written notice of the such lien is delivered by Landlord to LesseeTenant, Lessor may immediately then Landlord may, at its option, take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 3 contracts

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

COVENANT AGAINST LIENS. Lessee shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s 's or Lessee’s 's interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee. Nothing contained herein shall prohibit Lessee from obtaining secured financing for personal property at the Premises.

Appears in 3 contracts

Samples: Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Project or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 2 contracts

Samples: Office Lease (Integrated Information Systems Inc), Office Lease (Capital Growth Holdings LTD /De/)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon the Property, the Building or the Premises, or to affect any estate or interest of Landlord, Landlord's lessor, any mortgagee or the MTA. Lessee shall Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, materialmen or others to be placed against the Premises Property, the Building or Projectthe Premises, or to affect any portion estate or interest of eitherLandlord, Landlord's lessor, any mortgagee or the MTA, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction , and, in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall or claim therefor being asserted, Tenant covenants and agrees to cause the lien same to be immediately released and removed of record. Despite any other provision of this Lease, if In the event that such lien is not immediately released and removed within twenty (20) days after Lessor delivers notice of the lien to Lesseeremoved, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the lien, such lien (without any duty to investigate the validity of it. All thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney fees and the cost of any bondattorneys' fees) incurred by Lessor Landlord in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lesseetherewith.

Appears in 2 contracts

Samples: Office Lease (Oxigene Inc), Office Lease (Digitas Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanicsbe placed upon the Real Property, material suppliersBuilding, or others Premises, and any and all liens and encumbrances created by Tenant shall attach to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20or contested by posting an appropriate bond) on or before the date occurring five (5) business days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 2 contracts

Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s 's or Lessee’s 's interest in the Premises or Projectany part thereof, or any portion of eitherthereof, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, thereof with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received receives notice of any such lien, Lessee shall cause the lien to be immediately promptly released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.

Appears in 2 contracts

Samples: Triple Net Multiple Building Lease (Ariba Inc), Sublease (Netscreen Technologies Inc)

COVENANT AGAINST LIENS. Lessee shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s 's or Lessee’s 's interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.

Appears in 2 contracts

Samples: Triple Net Building Lease (Informatica Corp), Triple Net Building Lease (Informatica Corp)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow any liens arising from any act or omission of Lessee Tenant (including but not limited to Tenant’s failure to pay Landlord any amounts due Landlord pursuant to the terms of the Work Letter) to exist, attach to, be placed on, or encumber LessorLandlord’s or LesseeTenant’s interest in the Premises Premises, the Building or the Project, or any portion of either, by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises Premises, the Building or the Project, or any portion of eitherthereof, with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any AlterationAlterations, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received if Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of record, by recordation of a lien release bond or otherwise, within thirty (30) days after receipt of notice thereof. Despite any other provision of this Lease, if the lien is not released and removed within twenty thirty (2030) days after Lessor delivers Tenant’s receipt of notice of the lien to Lesseesuch lien, Lessor then Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of itsuch lien. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor Landlord in connection with a lien incurred by Lessee Tenant or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant.

Appears in 2 contracts

Samples: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow any liens arising from any act or omission of Lessee Tenant (including but not limited to Tenant’s failure to pay Landlord any amounts due Landlord pursuant to the terms of the Work Letter) to exist, attach to, be placed on, or encumber LessorLandlord’s or LesseeTenant’s interest in the Premises Premises, the Building or the Project, or any portion of eitherthereof, by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises Premises, the Building or the Project, or any portion of eitherthereof, with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee tenant or the Premises. Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven ten (710) days before beginning construction of any AlterationAlterations, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received if Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of record, by recordation of a lien release bond or otherwise, within twenty (20) days after receipt of notice thereof. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers Tenant’s receipt of notice of the lien to Lesseesuch lien, Lessor then Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of itsuch lien. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor Landlord in connection with a lien incurred by Lessee Tenant or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant. Notwithstanding the foregoing, if Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense, defend and protect itself, Landlord and the Premises, the Building and the Project against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If Landlord elects to participate in or is made a party to any such action, Tenant shall reimburse Landlord’s attorneys’ fees and costs within ten (10) days after demand.

Appears in 2 contracts

Samples: Triple Net Space Lease, Triple Net Space Lease (Imprivata Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 2 contracts

Samples: Office Lease (Mitek Systems Inc), Office Lease (Pc Mall Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed record within twenty (20) days after Lessor delivers notice the date of filing, by payment of the lien amount or by posting a bond in the amount of such lien or otherwise. Should Tenant fail to Lesseecause such liens to be released of record within such twenty (20) day period, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days after receipt of invoice therefor from Landlord.

Appears in 2 contracts

Samples: Office Lease (Websense Inc), Office Lease (Websense Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Complex, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationsuppliers, Lessee shall give Lessor written notice mechanics or materialmen or others to be placed against the Real Property, the Complex, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty on or before fifteen (2015) days after Lessor delivers following the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 2 contracts

Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon Landlord’s title or interest in the Building or the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only. Lessee shall Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, or others liens to be placed against the Building or the Premises or Project, or any portion as a result of either, with respect to work or services performed or claimed to have been performed for Lessee materials supplied by or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post on behalf of Tenant and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received claim thereof being asserted, Tenant covenants and agrees no later than forty-five (45) days from notice to Tenant of any such lien, Lessee shall the filing thereof to (i) cause the lien it to be immediately released and removed of record, (ii) deliver to Landlord a surety bond in an amount sufficient to discharge the lien, or (iii) provide Landlord, with endorsements (satisfactory to Landlord) to Landlord’s title insurance policy insuring against the existence of or attempted enforcement of such lien. Despite any other provision of this Lease, if In the event that such lien is not released and removed released, removed, or bonded or insured over within twenty said forty-five (2045) days after Lessor delivers notice of the lien to Lesseeday period, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the lien, such lien (without any duty to investigate the validity of it. All thereof) and Tenant shall, within ten (10) days following notice, either before or after such release and removal, pay or reimburse Landlord for all sums, costs and expenses (including including, without limitation, reasonable attorney attorneys’ fees and the cost of any bondcourt costs) incurred by Lessor Landlord in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lesseeof such lien.

Appears in 2 contracts

Samples: Lease Agreement (Micron Technology Inc), Lease Agreement (Micron Technology Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber Lessor’s Landlord's or Lessee’s Tenant's interest in the Premises or ProjectPremises, Building, or any portion of either, Real Property by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or ProjectPremises, Building, or any portion of either, Real Property with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or to the PremisesPremises on behalf of or for the benefit of Tenant. Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of recordrecord within ten (10) days after Landlord's demand. Despite any other provision of this Lease, if the lien is not released and removed within twenty ten (2010) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a release of the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant.

Appears in 2 contracts

Samples: Office Lease (National Insurance Group /Ca/), Office Lease (National Information Group)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Real Property or any portion of eitherthereof, with respect and any and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Real Property or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 2 contracts

Samples: Office Lease (Styleclick Inc), Office Lease (PDF Solutions Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Real Property or any portion of eitherthereof, with respect and any and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Real Property or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord which removal may be accomplished by posting a bond pursuant to applicable law. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within on or before the date occurring twenty (20) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeXxxxxx.

Appears in 2 contracts

Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises Promises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.

Appears in 2 contracts

Samples: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.attorneys' fees

Appears in 1 contract

Samples: Office Lease (Mego Financial Corp)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty fifteen (2015) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Industrial Lease (Celtron International Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or ProjectPremises, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Building or the PremisesReal Property, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only. Lessor has Landlord shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Building or the Real Property with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, Lessee shall give Lessor written notice and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant. If required by the title insurance company insuring title to the Project in connection with a prospective sale or financing of the Project, Tenant shall execute and deliver to the title company a mechanics’ lien indemnity agreement in form and substance reasonably acceptable to Tenant and the Title Company with respect to any mechanics’ or suppliers’ liens created as the result of work or materials furnished to the Premises contracted by or through Tenant.

Appears in 1 contract

Samples: Lease (Hippo Holdings Inc.)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber Lessor’s Landlord's or Lessee’s Tenant's interest in the Premises or Premises, Project, or any portion of either, Real Property by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Premises, Project, or any portion of either, Real Property with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven fifteen (715) days before beginning construction of any AlterationAlterations, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction so as to permit Lessor Landlord to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall within thirty (30) days therefrom cause the lien to be released and removed of record, unless Landlord certifies to Tenant that business exigencies require the lien to be released sooner, in which case Tenant shall cause the lien to be immediately released and removed of recordrecord as soon as practicable. Despite any other provision of this Lease, if the lien is not released and removed within twenty thirty (2030) days after Lessor Landlord delivers notice of the lien to LesseeTenant (or otherwise appropriately bonded over), Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Lease (Spectranetics Corp)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within ten (10) days after Tenant receives notice of the same. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty removed, by bond or otherwise, on or before the date which is ten (2010) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant. Notwithstanding the foregoing, Tenant shall have the right to contest any such lien so long as Tenant causes the effect of such lien to be removed from title to the Project, the Building and the Premises as provided above.

Appears in 1 contract

Samples: Lease Agreement (Genomatica Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers reasonably deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of this Notwithstanding anything to the contrary set forth in the Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall immediately be considered deemed Additional Rent under this the Lease and shall be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Arbinet Thexchange Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant shall not suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, Lessee shall give Lessor written notice and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty ten (2010) business days after Lessor delivers of the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant together with interest at the Interest Rate from the date incurred by Landlord.

Appears in 1 contract

Samples: Office Lease (Twilio Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within ten (10) days after the date Tenant receives written notice of such lien. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty (20) days after Lessor delivers notice of on or before the lien to Lesseedate specified in the preceding sentence, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days after Landlord’s invoice.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee the Buildings or the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Lessor has Landlord shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Buildings or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring ten (2010) days after Lessor delivers Landlord's written notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it, unless Tenant has properly bonded against the lien as provided by law and has commenced legal action to contest, dispute or defend the claims of the lienholders or the validity of the liens and continues to prosecute such action to judgment. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.CREEKSIDE PLAZA xii TriNet Employer Group, Inc.

Appears in 1 contract

Samples: Office Lease (Trinet Group Inc)

COVENANT AGAINST LIENS. Lessee shall not allow has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existLessee, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. , to attach to or be placed upon the Project or Premises or any part thereof, and any and all liens and encumbrances created by Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others attach to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the PremisesLessee's interest only. Lessor has shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Lessee covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project or the Premises or any Alterationpart thereof with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Lessee or the Premises, Lessee shall give Lessor written notice and in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Lessor to Lessee, Lessor Lessor, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) actual costs, incurred by Lessor in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by Lessee.

Appears in 1 contract

Samples: Office Lease (Plumtree Software Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber Lessor’s Landlord's or Lessee’s Tenant's interest in the Premises or ProjectPremises, Building, or any portion of either, Project by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or ProjectPremises, Building, or any portion of either, Project with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any AlterationAlteration or Tenant Improvements, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibilitynon-responsibility. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty five (205) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Acc Consumer Finance Corp)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within ten (10) days of its imposition. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty on or before the date that is ten (2010) days after Lessor delivers notice of the lien to Lesseeits imposition, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within ten (10) days of receipt of written demand.

Appears in 1 contract

Samples: Office Lease (Riverbed Technology, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed or bonded over within twenty fifteen (2015) business days after Lessor delivers following the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days following demand therefor.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Buildings or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Buildings or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any lien, Tenant reserves the right to contest such lien, Lessee shall provided that Tenant shall, at its sole cost and expense, provide a bond in accordance with the California Civil Code, Section 3143. If Tenant does not timely exercise its right to contest such lien, Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty or bonded over (20in accordance with California Civil Code Section 3143) on or before the date occurring fifteen (15) days after Lessor delivers notice Notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days following request of Landlord’s bxxx therefor.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to ---------------------- cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon -80- TISHMAN WARNER CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] the Premises Project or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within on or before the date occurring twenty (20) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days of invoice.

Appears in 1 contract

Samples: Office Lease (21st Century Insurance Group)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Building or the PremisesReal Property, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only. Lessor has Landlord shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Building or the Real Property with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, Lessee shall give Lessor written notice and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Lease (Invitae Corp)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Pacific Crest Capital Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to ------------------------ cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Project or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within on or before the date occurring twenty (20) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered -70- XXXXXXX XXXXXX CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days of invoice.

Appears in 1 contract

Samples: Office Lease (21st Century Insurance Group)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber Lessor’s Landlord's or Lessee’s Tenant's interest in the Premises or ProjectPremises, the Building, or any portion of either, the Project by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or ProjectPremises, the Building, or any portion of either, the Project with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the PremisesPremises (other than by Landlord). Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any AlterationAlteration or Tenant Improvements, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibilitynon-responsibility in connection therewith. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of recordrecord or, if Tenant in good faith disputes such lien, Tenant may post a bond acceptable to Landlord provided that Tenant then diligently pursues the resolution of such matter and the removal of such lien. Despite any other provision of this Lease, if the lien is not released and removed or bonded around within twenty ten (2010) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Collateral Therapeutics Inc)

COVENANT AGAINST LIENS. Lessee shall not allow has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existLessee, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. , to attach to or be placed upon the Project or Premises or any part thereof, and any and all liens and encumbrances created by Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others attach to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the PremisesLessee’s interest only. Lessor has shall have the right at all times to post and keep posted on the Premises any notice that of non­ responsibility which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Lessee covenants and agrees not to suffer or permit any lien of mechanics or material men or others to be placed against the Project or the Premises or any Alterationpart thereof with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Lessee or the Premises, Lessee shall give Lessor written notice and in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Lessor to Lessee, Lessor Lessor, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) actual costs, incurred by Lessor in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by Lessee.

Appears in 1 contract

Samples: Office Lease (Novus Capital Corp II)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Project or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or material men or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Specialty Laboratories Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within thirty (30) days after Tenant’s receipt of notice from Landlord regarding the existence of such lien. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring thirty (2030) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, upon an additional notice to Tenant, may immediately take all reasonable action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all reasonable sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days after Tenant’s receipt of an invoice therefor.

Appears in 1 contract

Samples: Sublease Agreement (Castlight Health, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Real Property or any portion of eitherthereof, with respect and any and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Real Property or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring ten (2010) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

COVENANT AGAINST LIENS. Lessee Landlord shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring fifteen (2015) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeXxxxxx.

Appears in 1 contract

Samples: Office Lease (Kinzan Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that customary notices of non-responsibility which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of this Lease, if the record or to protest such lien is not released and removed by filing a bond within twenty ten (2010) business days after Lessor delivers notice of the lien by Landlord, and if Tenant shall fail to Lesseedo so Landlord, Lessor may immediately at its sole option, may, after an additional five (5) business days notice to Tenant, take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days of receipt of an invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring fifteen (2015) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action reasonably necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, so incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Nara Bancorp Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Notwithstanding anything in this Lease to the contrary, if any liens arising from any act of mechanics or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, materialmen or others to be are placed against the Real Property, the Building or the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the PremisesPremises (other than in connection with P:00816539-5:12107.019 -15- the Tenant Improvements), and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be promptly released and removed of record. Lessor has Landlord shall have the right at all times to post and keep posted on the Premises any reasonable notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of Notwithstanding anything to the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of contrary set forth in this Lease, if in the event that such a lien (other than a lien created in the course of the construction of Tenant Improvements by Landlord which shall be the obligation of Landlord to remove) is not released and removed within twenty (20) days after Lessor delivers the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all actual, out‑of‑pocket sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within ten (10) business days after written demand therefor, along with copies of all applicable invoices.

Appears in 1 contract

Samples: Lease (Maxlinear Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Property or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Miramar shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Property, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall . Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) business days after Lessor delivers notice of the such lien is delivered by Miramar to LesseeTenant. Miramar, Lessor at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Miramar in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within five (5) business days after notice thereof.

Appears in 1 contract

Samples: Office Lease (Discovery Investments Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow do any liens arising from act, or make any contract which may create or be the foundation for any lien or other encumbrance upon any interest of Landlord in any portion of the Premises. If, because of any act or omission (or alleged act or omission) of Lessee to existTenant or its officers, attach toagents or employees, any mechanic's or other lien, charge or order for the payment of money or other encumbrance shall be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, filed against Landlord or any portion of eitherthe Premises (whether or not such lien, by operation of law charge, order or otherwise. Lessee shall not suffer encumbrance is valid or permit any lien of mechanicsenforceable as such), material suppliersTenant shall, or others at its own cost and expense, cause same to be placed against the Premises discharged of record or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven bonded within ten (710) days before beginning construction of any Alteration, Lessee shall give Lessor written after notice to Tenant of the expected commencement date of that construction to permit Lessor to post filing thereof; and record a notice of nonresponsibilityTenant shall indemnify and save harmless Landlord against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable counsel fees resulting therefrom. If any such lien attaches Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or Lessee received notice of bonding any such lien, Lessee shall cause the lien charge, order or encumbrance, and Tenant agrees to be immediately released reimburse Landlord (as additional rent) with interest thereon promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers and removed of record. Despite any other provision persons now or hereafter contracted with Tenant for the furnishing of this Leaseany labor, if the lien is not released and removed within twenty (20) days after Lessor delivers notice services, materials, supplies or equipment with respect to any portion of the lien Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Lessee, Lessor may immediately take all action necessary Tenant to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lesseeobtain payment for same.

Appears in 1 contract

Samples: Intergovernmental Agreement

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be bonded over or to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Ticketmaster)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Project or Premises or Projectany part thereof, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project or the Premises or any Alterationpart thereof with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, Lessee shall give Lessor written notice and in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary txxx xxx xxxxxx xxxxxxxry to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) actual costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Spatialight Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or ProjectReal Property, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee the Building or the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only, and no work performed by, through, under or for Tenant pursuant to this Lease shall be deemed to be for the immediate use or benefit of Landlord to the end that no mechanic’s or other liens shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Lessor has Landlord shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant shall not cause or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee Tenant shall cause the lien it to be immediately released and removed of record. Despite If any other provision of this Lease, if the such lien is not released and removed within twenty ten (2010) business days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor may immediately then Landlord may, at its option, take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Lease Agreement (Netgear, Inc.)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow do all things necessary to prevent the filing of any mechanics' or other liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, any other portion of the Shopping Center or the interest of the Landlord or any portion ground or underlying lessors or the interest of eitherany mortgagees or holders of any deed of trust covering the Shopping Center by reason of any work, with respect to work labor, services or services materials performed or supplied or claimed to have been performed for Lessee or materials furnished supplied to Tenant, or claimed to have been furnished to Lessee or anyone holding the Premises. Lessor has the right at all times to post and keep posted on the Premises , or any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alterationpart thereof, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibilitythrough or under Tenant. If any such lien attaches shall at any time be filed, Tenant shall either cause the same to be vacated and cancelled of record within thirty (30) days after the date of the filing or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security, by surety bond or Lessee received notice as is otherwise prescribed by applicable law, to release the same as a lien against the real property and to prevent any foreclosure of such lien during the pendency of such contest and upon any final non-appealable judgment of any such liencontest to promptly pay any adjudicated amount due. If Tenant shall fail to vacate or release such lien in the manner and within the time period allowed, Lessee then, in addition to any other right or remedy of Landlord resulting from Tenant's default, Landlord may, but shall cause not be obligated to, vacate or release the lien same either by paying the amount claimed to be immediately released and removed due or by procuring the release of recordsuch lien by giving security or in such other manner as may be prescribed by law. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal Tenant shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.repay to

Appears in 1 contract

Samples: Shopping Center Lease (Casa Ole Restaurants Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon Landxxxx'x xitle or interest in the Land, Building or the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenaxx'x xnterest only. Lessee shall Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, mechanics or materialmen or others to be placed against the Land, Building or the Premises or Project, or any portion of either, Tenant's interest in the Premises with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If and, in case any such lien attaches attaches, or Lessee received notice claim of any lien is asserted, Tenant covenants and agrees to cause such lien, Lessee shall cause the lien or claim of lien to be immediately released and removed of recordrecord or to be bonded over by a title insurer or surety reasonably acceptable to Landlord. Despite any other provision In the event that after ten (10) days written notice to Tenant such lien or claim of this Lease, if the lien is not immediately released and removed within twenty (20) days after Lessor delivers notice of the lien or bonded as provided herein, Landlord, at its sole option and in addition to Lesseeany other available rights or remedies, Lessor may immediately take all action necessary to release and remove the lien, without any such lien or claim of lien (it being agreed by Tenant that Landlord shall have no duty to investigate the validity of it. All thereof) and Tenant shall promptly upon notice reimburse Landlord for all reasonable sums, costs and expenses (including reasonable attorney fees and the cost of any bondattorneys' fees) incurred by Lessor Landlord in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lesseesuch lien.

Appears in 1 contract

Samples: Sublease (Universal Access Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon the Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Lessee shall Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, mechanics or materialmen or others to be placed against the Building or the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction , and, in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Global Clean Energy Holdings, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon the Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Lessee shall Tenant covenants and agrees not to suffer or permit any lien of mechanics, mechanics or material suppliers, men or others to be placed against the Building or the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction , and, in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Global Clean Energy Holdings, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems reasonably necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring ten (2010) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all reasonable action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed - Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (U S Interactive Inc/Pa)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within by bond or otherwise on or before the date that is twenty (20) days after Lessor delivers following the date that notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Yelp! Inc)

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COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring ten (2010) business days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Unapix Entertainment Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within fifteen (15) business days after its receipt of notice from Landlord regarding the existence of such lien. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring fifteen (2015) business days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, actually incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days of receipt of an invoice therefor.

Appears in 1 contract

Samples: Office Lease (First Consulting Group Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord (by payment, statutory bond or other lawful means) within ten (10) days after Tenant has notice of such lien. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the such lien is not released and removed within twenty such ten (2010) days after Lessor delivers notice of the lien to Lesseeday period, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately promptly released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty ten (2010) days after Lessor delivers of notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Quantenna Communications Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber LessorLandlord’s or LesseeTenant’s interest in the Premises or Project, or any portion of either, the Real Property by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, the Real Property with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor Xxxxxxxx has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alterationalteration, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibilitynon-responsibility. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty five (205) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeXxxxxx.

Appears in 1 contract

Samples: Retail Lease

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Project or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises, or any portion thereof, with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises (7including, without limitation, in connection with any Alterations) days before beginning construction and, in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record, or bonded over, within ten (10) days. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed removed, or bonded over, within twenty ten (2010) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor may Landlord may, without waiving its rights and remedies based upon such breach by Tenant and without releasing Tenant from any of its obligations, immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant. Notwithstanding the foregoing, if Tenant has made payment to Landlord for the cost of any Tenant Alterations or portion thereof, and Landlord fails to forward such payment to a contractor or subcontractor, Landlord shall be solely responsible for a mechanics' lien filed as a result of such nonpayment.

Appears in 1 contract

Samples: Lease (Global Crossing LTD)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty on or before the date that is ten (2010) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow do any liens arising from act or make any contract which may create or be the foundation for any lien or other encumbrance upon any interest of Landlord in any portion of the Demised Premises.. If, because of any act or omission (or alleged act or omission) of Lessee to existTenant, attach toany mechanic’s lien or other lien, charge or order for the payment of money shall be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, filed against Landlord or any portion of eitherthe Demised Premises (whether or not such lien, by operation of law charge or otherwise. Lessee shall not suffer order is valid or permit any lien of mechanicsenforceable as such), material suppliersTenant shall, or others at its own cost and expense, cause same to be placed against the Premises discharged of record or Project, or any portion of either, with respect bonded within thirty (30) business days after notice to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice Tenant of the expected commencement date of that construction to permit Lessor to post filing thereof; and record a notice of nonresponsibilitythe Tenant shall indemnify and save harmless the Landlord Indemnified Parties against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable counsel fees resulting therefrom. If any such lien attaches Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or Lessee received notice of bonding any such lien, Lessee shall cause charge or order and the lien Tenant agrees to be immediately released reimburse Landlord (as Additional Rent) with interest at the Interest Rate payable promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers and removed of record. Despite any other provision persons now or hereafter contracted with by Tenant for the furnishing of this Leaseany labor, if the lien is not released and removed within twenty (20) days after Lessor delivers notice services, materials, supplies or equipment with respect to any portion of the lien Demised Premises at any time from the date hereof until the end of the demised term are hereby charged with notice that they must look exclusively to Lessee, Lessor may immediately take all action necessary Tenant to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lesseeobtain payment for same.

Appears in 1 contract

Samples: Lease Agreement (Icon PLC /Adr/)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by Lessee.Tenant,

Appears in 1 contract

Samples: Office Lease (InterPrivate III Financial Partners Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow any liens ------------------------------------ arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s 's or Lessee’s 's interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.

Appears in 1 contract

Samples: Triple Net Building Lease (Nuance Communications)

COVENANT AGAINST LIENS. Lessee shall not allow has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existLessee, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. , to attach to or be placed upon the Project or Premises or any part thereof, and any and all liens and encumbrances created by Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others attach to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the PremisesLessee’s interest only. Lessor has shall have the right at all times to post and keep posted on the Premises any notice that of non-responsibility which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Lessee covenants and agrees not to suffer or permit any lien of mechanics or material men or others to be placed against the Project or the Premises or any Alterationpart thereof with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Lessee or the Premises, Lessee shall give Lessor written notice and in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Lessor to Lessee, Lessor Lessor, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) actual costs, incurred by Lessor in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by Lessee.

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

COVENANT AGAINST LIENS. Lessee Landlord shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeXxxxxx.

Appears in 1 contract

Samples: Lease (SGX Pharmaceuticals, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon the Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only. Lessee shall Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, mechanics or materialmen or others to be placed against the Building or the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction , and, in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Aries Ventures Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow any liens arising from any act or omission of Lessee Tenant to exist, attach to, be placed on, or encumber LessorLandlord’s or LesseeTenant’s interest in the Premises Premises, the Building or the Project, or any portion of either, by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises Premises, the Building or the Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any AlterationAlterations, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received if Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of record, by recordation of a lien release bond or otherwise, within twenty (20) days after receipt of notice thereof. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers Tenant’s receipt of notice of the lien to Lesseesuch lien, Lessor then Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of itsuch lien. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor Landlord in connection with a lien incurred by Lessee Tenant or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant. Notwithstanding the foregoing, if Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense, defend and protect itself, Landlord and the Premises, the Building, Lot 1 or the Project against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If Landlord reasonably elects to participate in or is made a party to any such action, Tenant shall reimburse Landlord’s reasonable attorneys’ fees and costs within ten (10) days after demand.

Appears in 1 contract

Samples: Triple Net Space Lease (Rambus Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises (7) days before beginning construction excluding any work performed by Landlord), and, in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any lien, reserves the right to contest such lien, Lessee shall provided that Tenant shall, at its sole cost and expense, provide a bond in accordance with the California Civil Code, Section 8424. If Tenant does not timely exercise its right to contest such lien, Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord (by payment, statutory bond or other lawful means) within thirty (30) days after Tenant has written notice of such lien. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the such lien is not released and removed of record within twenty (20) days after Lessor delivers notice of the lien to Lesseesuch 30-day period, Lessor then Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all reasonable sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable paid by LesseeTenant to Landlord within thirty (30) days after written demand by Landlord.

Appears in 1 contract

Samples: Office Lease (United Online Inc)

COVENANT AGAINST LIENS. Lessee shall not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises Premises, Building or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises Premises, Building or the Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lien, Lessee shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee. Nothing contained herein shall prohibit Lessee from obtaining secured financing for personal property at the Premises.

Appears in 1 contract

Samples: Triple Net Space Lease (Broadvision Inc)

COVENANT AGAINST LIENS. Lessee Landlord's title is and always shall not allow any liens arising from be paramount to the title of Tenant. Nothing herein contained shall empower Tenant to do any act which can, shall or omission may encumber the title of Lessee Landlord. Tenant has no authority or power to existcause or permit any lien or encumbrance of any kind whatsoever, attach towhether created by act of Tenant, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Real Property, the Building or the Premises. Lessee Any and all liens and encumbrances created by Tenant shall attach to Tenant's interest in the Premises only. Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, mechanics or materialmen or others to be placed against the Building or the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post , and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction in case of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received notice of any such lienattaching, Lessee shall Tenant covenants and agrees immediately to cause the lien it to be immediately released and removed of record. Despite If any other provision of this Lease, if the lien is not released such liens so attach and removed within twenty (20) days after Lessor delivers notice of the lien Tenant fails to Lessee, Lessor may immediately take all action necessary to release pay and remove same within ten (10) days, Landlord, at its election, may pay and satisfy the liensame and in such event the sums so paid by Landlord, without any duty to investigate with interest from the validity date of it. All expenses (including reasonable attorney fees and payment at the cost of any bond) incurred by Lessor rate set forth in connection with a lien incurred by Lessee or its removal Section 21.1 shall be considered Additional deemed to be additional Rent under this Lease and be immediately due and payable by LesseeTenant at once without notice or demand.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spanish Broadcasting System of New York Inc)

COVENANT AGAINST LIENS. Lessee shall not allow any liens ------------------------------------- arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s 's or Lessee’s 's interest in the Premises or Projectany part thereof, or any portion of eitherthereof, by operation of law or otherwise. Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, thereof with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received receives notice of any such lien, Lessee shall cause the lien to be immediately promptly released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bond) incurred by Lessor in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.

Appears in 1 contract

Samples: Sublease (Interwoven Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within twenty (20) days after the date of notice of such filing. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within such twenty (20) days after Lessor delivers notice of the lien to Lesseeday period, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Medstrong International Corp)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Magnetek Inc)

COVENANT AGAINST LIENS. Lessee shall not allow A. Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee , to attach to or be placed upon Landlord's title or interest in the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. B. Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, mechanics or materialmen or others to be placed against the Premises or Project, or any portion of either, Tenant's interest in the Premises with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If and, in case any such lien attaches attaches, or Lessee received notice claim of any lien is asserted, Tenant covenants and agrees to cause such lien, Lessee shall cause the lien or claim of lien to be immediately released and removed of record. Despite any other provision . C. In the event such lien or claim of this Lease, if the lien is not immediately released and removed within twenty (20) days after Lessor delivers notice of the lien removed, Landlord, at its sole option and in addition to Lesseeany other available rights or remedies, Lessor may immediately take all action necessary to release and remove the lien, without any such lien or claim of lien (it being agreed by Tenant that Landlord shall have no duty to investigate the validity of it. All thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney fees and the cost of any bondattorneys' fees) incurred by Lessor Landlord in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lesseesuch lien.

Appears in 1 contract

Samples: Lease Agreement

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Project or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or material men or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (205) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeXxxxxx.

Appears in 1 contract

Samples: Office Lease (Doma Holdings, Inc.)

COVENANT AGAINST LIENS. Lessee shall not allow has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existLessee, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. , to attach to or be placed upon the Project or Premises or any part thereof, and any and all liens and encumbrances created by Lessee shall not suffer or permit any lien of mechanics, material suppliers, or others attach to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the PremisesLessee’s interest only. Lessor has shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Lessee covenants and agrees not to suffer or permit any lien of mechanics or material men or others to be placed against the Project or the Premises or any Alterationpart thereof with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Lessee or the Premises, Lessee shall give Lessor written notice and in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Lessor to Lessee, Lessor Lessor, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) actual costs, incurred by Lessor in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by Lessee.

Appears in 1 contract

Samples: Office Lease

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Land, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Lessee shall Tenant covenants and agrees not to suffer or permit any lien of mechanics, material suppliers, mechanics or materialmen or others to be placed against the Land, Building or Premises or Project, any improvement in the Premises (whether installed or any portion of either, paid for by Landlord or Tenant) with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alterationand, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If if any such lien attaches or Lessee received notice of any such liena claim for a lien is asserted, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record; provided, however, that if such lien is being contested in good faith by Tenant by appropriate proceedings diligently pursued, Tenant shall not be in default hereunder if Tenant shall, in a manner subject to Landlord's prior written approval (which approval shall not be unreasonably withheld) cause such lien or claim of lien to be insured over by a title insurance company selected by Landlord (which title insurance shall, in any event, inure to the benefit of Landlord, Landlord's mortgagees and any potential purchasers of the Land or Building of which Tenant shall be notified), and provided that, in any event, such lien or claim of lien shall be released or removed within four (4) months of the date such lien first attached. Despite any other provision of this Lease, if the If such lien is not promptly released and removed within twenty (20) days after Lessor delivers notice of the lien to Lesseeor insured over as aforesaid, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the lien, such lien (without any duty to investigate the validity of it. All thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney fees and the cost of any bondattorney's fees) incurred by Lessor Landlord in connection with a lien incurred by Lessee or its removal shall be considered Additional Rent under such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and be immediately due and payable agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in the Premises, whether installed and/or paid for by LesseeLandlord or Tenant.

Appears in 1 contract

Samples: Lease Agreement (Talk America Holdings Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, on or encumber Lessor’s Landlord's or Lessee’s Tenant's interest in the Premises Premises, Building or Project, or any portion of either, Real Property by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises Premises, Building or Project, or any portion of either, Real Property with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alteration, Lessee shall give Lessor written notice of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of recordrecord on the earlier of five (5) days after Tenant receives notice of any such lien or five (5) days after Landlord delivers written notice of the lien to Tenant. Despite any other provision of this Lease, if the lien is not released and removed within twenty ten (2010) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Lessee.Tenant. ARTICLE 15

Appears in 1 contract

Samples: Sublease Agreement (Starent Networks, Corp.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within ten (10) days after filing thereof. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lesseesuch 10-day period, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Lease (St Francis Medical Technologies Inc)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber Lessor’s Landlord's or Lessee’s Tenant's interest in the Premises or ProjectPremises, Building, or any portion of either, Real Property by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or ProjectPremises, Building, or any portion of either, Real Property with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any AlterationAlteration or Tenant Improvements, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty five (205) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Quokka Sports Inc)

COVENANT AGAINST LIENS. Lessee shall Tenant will not allow any liens arising from any act or omission of Lessee to exist, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer or permit any construction lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction thereof as a result of any Alteration, Lessee shall give Lessor written notice Alterations or other work performed by or at the direction of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibilityTenant. If any such lien attaches to the Premises or Lessee received notice of any portion thereof, Tenant shall, within 30 days after such attachment, either (a) pay or bond off such lien, Lessee shall cause or (b) contest such lien in compliance with applicable Laws and provide Landlord with security reasonably satisfactory to Landlord for the payment and release of such lien. If Tenant fails to remove or contest a lien in accordance with this Section 9.3, Landlord may, but will not be obligated to, pay the amount necessary to remove the lien without being responsible for making an investigation as to be immediately released and removed the validity or accuracy of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty (20) days after Lessor delivers notice of the lien to Lessee, Lessor may immediately take all action necessary to release and remove the such lien, without any duty to investigate and the validity of it. All amount so paid by Landlord, together with all costs and expenses (including including, without limitation, reasonable attorney fees and the cost of any bondattorneys’ fees) incurred by Lessor Landlord in connection with a lien incurred by Lessee or its removal therewith, shall be considered paid by Tenant to Landlord as Additional Rent under Rent. 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 Landlord’s title or interest in the Premises or any portion thereof, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only. At Landlord’s request, Tenant shall execute a notice in recordable form restating this Lease and be immediately due and payable by Lesseeprohibition against liens upon Landlord’s title or interest in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Andina II Holdco Corp.)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that customary notices of non-responsibility which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed record by bond or otherwise within twenty (20) business days after Lessor delivers notice of the lien by Landlord, and if Tenant shall fail to Lesseedo so Landlord, Lessor may immediately at its sole option, may, after an additional five (5) business days notice to Tenant, take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a lien incurred by Lessee or its removal such lien, shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days of receipt of an invoice therefor.

Appears in 1 contract

Samples: Office Lease (Wellpoint Health Networks Inc /De/)

COVENANT AGAINST LIENS. Lessee shall not allow Except as provided in Article 20 below, Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or upon the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Lessor has Landlord shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Shopping Center or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord or bonded in a timely manner. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty or bonded against in a manner reasonably acceptable to Landlord on or before the date occurring thirty (2030) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action reasonably necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant upon receipt of evidence of such payment.

Appears in 1 contract

Samples: Lease (Aei Net Lease Income & Growth Fund Xix Limited Partnership)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of recordrecord within thirty (30) days after Tenant’s receipt of notice from Landlord regarding the existence of such lien. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring thirty (2030) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all reasonable action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within ten (10) business days after Tenant’s receipt of an invoice therefor.

Appears in 1 contract

Samples: Office Lease (Wh Holdings Cayman Islands LTD)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant’s interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if the any such lien is not released and removed within twenty on or before the date that is ten (2010) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys’ fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Cafepress Inc.)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber LessorLandlord’s or LesseeTenant’s interest in the Premises or Project, or any portion of either, Real Property by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or Project, or any portion of either, Real Property with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the Premises. Lessor Xxxxxxxx has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alterationalteration, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibility. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of record. Despite any other provision of this Lease, if the lien is not released and removed within twenty five (205) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeXxxxxx.

Appears in 1 contract

Samples: Lease Agreement

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Project or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises, or any Alterationportion thereof, Lessee shall give Lessor written notice with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring five (20S) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Capstone Turbine Corp)

COVENANT AGAINST LIENS. Lessee Tenant shall not allow be the cause or object of any liens arising from any act or omission of Lessee allow such liens to exist, attach to, be placed on, or encumber LessorLandlord’s or LesseeTenant’s interest in the Premises or ProjectPremises, the Building, or any portion of either, the Project by operation of law or otherwise. Lessee Tenant shall not suffer or permit any lien of mechanics, material suppliers, or others to be placed against the Premises or ProjectPremises, the Building, or any portion of either, the Project with respect to work or services performed or claimed to have been performed for Lessee Tenant or materials furnished or claimed to have been furnished to Lessee Tenant or the PremisesPremises (other than by Landlord). Lessor Landlord has the right at all times to post and keep posted on the Premises any notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any AlterationAlteration or Tenant Improvements, Lessee Tenant shall give Lessor Landlord written notice of the expected commencement date of that construction to permit Lessor Landlord to post and record a notice of nonresponsibilitynon-responsibility in connection therewith. If any such lien attaches or Lessee received Tenant receives notice of any such lien, Lessee Tenant shall cause the lien to be immediately released and removed of recordrecord or, if Tenant in good faith disputes such lien, Tenant may post a bond acceptable to Landlord provided that Tenant then diligently pursues the resolution of such matter and the removal of such lien. Despite any other provision of this Lease, if the lien is not released and removed within twenty five (205) days after Lessor Landlord delivers notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees and the cost of any bondfees) incurred by Lessor Landlord in connection with a the lien incurred by Lessee or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Sublease (Zogenix Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any lien, Tenant reserves the right to contest such lien, Lessee shall provided that Tenant shall, at its sole cost and expense, provide a bond in accordance with the California Civil Code, Section 3143. If Tenant does not timely exercise its right to contest such lien, Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20on or before the date occurring fifteen(15) days after Lessor delivers notice Notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall be immediately due and payable by LesseeTenant within thirty (30) days following request of Landlord's xxxx therefor.

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises Real Property, Building or ProjectPremises, or and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Real Property, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty on or before the date occurring ten (2010) days after Lessor delivers notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Office Lease (Aames Financial Corp/De)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, Building or Premises, and any portion of either, with respect and all liens and encumbrances created by Tenant shall attach to work or services performed or claimed to Tenant's interest only. Landlord shall have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of , Notwithstanding anything to the contrary set forth in this Lease, if in the event that such lien is not released and removed within twenty (20) days after Lessor delivers on or before the date notice of the such lien is delivered by Landlord to LesseeTenant, Lessor Landlord, at its sole option, may immediately take all action necessary to release and remove the such lien, without any duty to investigate the validity of it. All expenses (thereof, and all sums, costs and expenses, including reasonable attorney attorneys' fees and the cost of any bond) costs, incurred by Lessor Landlord in connection with a such lien incurred by Lessee or its removal shall be considered deemed Additional Rent under this Lease and shall immediately be immediately due and payable by LesseeTenant.

Appears in 1 contract

Samples: Lease Agreement (Mossimo Inc)

COVENANT AGAINST LIENS. Lessee shall not allow Tenant has no authority or power to cause or permit any liens arising from lien or encumbrance of any kind whatsoever, whether created by act or omission of Lessee to existTenant, attach to, be placed on, or encumber Lessor’s or Lessee’s interest in the Premises or Project, or any portion of either, by operation of law or otherwise. Lessee shall not suffer , to attach to or permit any lien of mechanics, material suppliers, or others to be placed against upon the Premises or Project, or any portion of either, with respect to work or services performed or claimed to have been performed for Lessee or materials furnished or claimed to have been furnished to Lessee the Building or the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant’s interest only. Lessor has Landlord shall have the right at all times to post and keep posted on the Premises any notice that which it considers deems necessary for protection from such liens. At least seven (7) days before beginning construction Tenant covenants and agrees not to suffer or permit any lien of any Alterationmechanics or materialmen or others to be placed against the Project, Lessee shall give Lessor written notice the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises, and, in case of the expected commencement date of that construction to permit Lessor to post and record a notice of nonresponsibility. If any such lien attaches attaching or Lessee received notice of any such lien, Lessee shall Tenant covenants and agrees to cause the lien it to be immediately released and removed of record. Despite any other provision of Notwithstanding anything to the contrary set forth in this LeaseLease , if in the event that such lien is not released and removed within twenty on or before the date occurring ten (2010) days after Lessor delivers Landlord’s written notice of the lien to LesseeTenant, Lessor Landlord may immediately take all action necessary to release and remove the lien, without any duty duty-to investigate the validity of it. All expenses (including reasonable attorney fees , unless Tenant has properly bonded against the lien as provided by law and has commenced legal action to contest, dispute or defend the cost claims of any bond) incurred by Lessor in connection with a lien incurred by Lessee the lienholders or its removal shall be considered Additional Rent under this Lease the validity of the liens and be immediately due and payable by Lesseecontinues to prosecute such action to judgment.

Appears in 1 contract

Samples: Office Lease (Trinet Group Inc)

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