COVENANT AGAINST LIENS. 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 Land, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) 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, if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney's fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and 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 Landlord or Tenant.
Appears in 1 contract
Samples: Talk America Holdings Inc
COVENANT AGAINST LIENS. Tenant has no authority or power shall do all things necessary to cause or permit prevent the filing of any mechanic's 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 Land, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any other lien of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement other portion of the Commercial Center or the interest of Landlord or any ground or underlying lessors therein or the interest of any mortgagees in the Premises (whether installed Commercial Center, by reason of any work, labor, services or paid for by Landlord materials performed or Tenant) with respect to work supplied or services claimed to have been performed for or materials supplied to Tenant, or anyone holding the Premises, or any part thereof, through or under Tenant. If any such lien shall at any time be filed, Tenant shall either cause the same to be vacated and canceled of record within thirty (30) days after the date of the filing thereof or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security, by surety bond or otherwise, as may be necessary or be prescribed by 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. If Tenant shall fail to vacate or release such lien in the manner and within the time period aforesaid, then, in addition to any other right or remedy of Landlord resulting from Tenant's said default, Landlord may, but shall not be obligated to, vacate or release the same either by paying the amount claimed to have been furnished be due or by procuring the release of such lien by giving security or such other manner as may be prescribed by law. Tenant shall repay to Landlord, within ten days of demand, all sums disbursed or deposited by Landlord pursuant to the foregoing provisions of this Article 10, including Landlord's cost and expenses and reasonable attorney's fees incurred in connection therewith. Nothing contained herein shall imply any consent or agreement on the part of Landlord or any ground or underlying lessors or mortgagees to subject their respective estates or interest to liability under any mechanic's or other lien law, whether or not the performance or the furnishings of such work, labor, services or materials to Tenant or the Premises and, if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney's fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in anyone holding the Premises, whether installed and/or paid for or any part thereof, through or under such Tenant, shall have been consented to by Landlord or Tenantany of such parties.
Appears in 1 contract
Samples: Lease (Village Bancorp Inc)
COVENANT AGAINST LIENS. 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 Land, Building or Leased Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or the Leased Premises or any improvement Tenant's interest in the Premises (whether installed or paid for by Landlord or Tenant) Leased Premises, with respect to work or services performed or claimed to have been performed for or materials furnished or claimed to have been furnished to Tenant or the Premises Leased Premises, and, if in case of any such lien attaches attaching or a claim for a lien is thereof being asserted, Tenant covenants and agrees no later than ten (10) days from the filing thereof or such claim being asserted (i) to cause 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 record or (ii) to provide Landlord with endorsements (satisfactory to Landlord and Landlord's prior written approval (which approval shall not be unreasonably withheldmortgagee) cause to Landlord and Landlord's mortgagee's title insurance policies insuring against the existence of or attempted enforcement of such lien or claim of lien (iii) to be insured over by provide Landlord with a title insurance bond from a company selected by satisfactory to Landlord (which title insurance shalland in form, in any event, inure substance and amount satisfactory to the benefit of Landlord, Landlord's mortgagees and any potential purchasers insuring against loss arising from the existence or attempted enforcement of such lien. In 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. If event that such lien is not promptly released and removed released, removed, insured or insured bonded over as aforesaid, within said ten (10) day period Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice notice, either before or after such release and removal, pay or reimburse Landlord for all sums, costs and expenses (including reasonable attorney's attorneys' fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to , together with interest thereon at the contrary, Tenant covenants and 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 Landlord or TenantInterest Rate.
Appears in 1 contract
Samples: Privatebancorp Inc
COVENANT AGAINST LIENS. Tenant has no authority Lessee shall not allow any liens arising from any act or power omission of Lessee to cause exist, attach to, be placed on, or permit encumber Lessor’s or Lessee’s interest in the Premises, Building 8 or Project, or any lien or encumbrance portion of any kind whatsoevereither, 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 Land, Building or Premises, and any and all liens and encumbrances created by Tenant . Lessee shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen mechanics, material suppliers, or others to be placed against the LandPremises, Building 8 or Premises Project, or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) 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 Tenant Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises andany notice that it considers necessary for protection from such liens. At least ten (10) days before beginning construction of any Alteration, if 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 a claim for a attaches, Lessee shall cause the lien is asserted, Tenant covenants and agrees to cause it to be immediately released and removed of record; provided. Despite any other provision of this Lease, 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. If such lien is not promptly released and removed or insured over as aforesaidwithin twenty (20) days after Lessor delivers notice of the lien to Lessee, Landlord, at its sole option, Lessor may immediately take all action necessary to release and remove such lien (the lien, without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and of it. All expenses (including reasonable attorney's feesattorney fees and the cost of any bond) incurred by Landlord 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. Notwithstanding the foregoing, If Lessee shall, in good faith, contest the validity of any such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants claim or demand, then Lessee shall, at its sole expense, defend and agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in protect itself, Lessor and the Premises, whether installed and/or paid Building 8 and Project against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If Lessor shall require, Lessee shall furnish a surety bond in an amount equal to one hundred fifty percent (150%) of the amount of such contested lien, claim or demand, indemnifying Lessor against liability for by Landlord the same. If Lessor elects to participate in or Tenantis made a party to any such action, Lessee shall reimburse Lessor’s attorneys’ fees and costs within ten (10) days after demand.
Appears in 1 contract
Samples: And Interior Specification Standards (Threshold Pharmaceuticals Inc)
COVENANT AGAINST LIENS. 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 LandReal Property, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's ’s interest only. Landlord shall have the right at all times to post and keep posted on the Premises any notice which it deems necessary for protection from such liens. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the LandReal Property, the Building or Premises or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises Premises, and, if in case of any such lien attaches attaching or a claim for a lien is assertednotice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record; provided, however, that if record within thirty (30) days after Tenant’s receipt of notice from Landlord regarding the existence of such lien is being contested lien. Notwithstanding anything to the contrary set forth in good faith by Tenant by appropriate proceedings diligently pursued, Tenant shall not be in default hereunder if Tenant shallthis Lease, 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. If event that such lien is not promptly released and removed on or insured over as aforesaidbefore the date occurring thirty (30) days after notice of such lien is delivered by Landlord to Tenant, Landlord, at its sole option, upon an additional notice to Tenant, may take all reasonable action necessary to release and remove such lien (lien, without any duty to investigate the validity thereof) , and Tenant shall promptly upon notice reimburse Landlord for all reasonable sums, costs and expenses (expenses, including reasonable attorney's fees) attorneys’ fees and costs, incurred by Landlord in connection with such lien. Notwithstanding anything in lien shall be deemed Additional Rent under this Lease to the contrary, and shall be due and payable by Tenant covenants and agrees not to suffer or permit any equipment lien to attach to any within thirty (30) days after Tenant’s receipt of the fixtures or improvements in the Premises, whether installed and/or paid for by Landlord or Tenantan invoice therefor.
Appears in 1 contract
COVENANT AGAINST LIENS. Tenant has no authority or power to cause or permit any lien or encumbrance (a) If, because of any kind whatsoever, whether created by act or omission (or alleged act or omission) of Tenant, 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. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement in Tenant Party, any mechanic’s or other lien, charge or order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any Underlying Lessor, any Mortgagee and/or any portion of the Premises (whether installed or paid for by Landlord not such lien, charge, order or Tenant) with respect to work encumbrance is valid or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises andenforceable as such), if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause 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) at its cost and expense, cause such lien or claim of lien same to be insured over by a title insurance company selected by Landlord discharged of record or bonded within ten (which title insurance shall, in any event, inure 10) days after notice to the benefit of Landlord, Landlord's mortgagees and any potential purchasers Tenant of the Land filing 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity imposition thereof) ; and Tenant shall indemnify and defend Landlord and the Landlord Parties against and save Landlord and the Landlord Parties harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such lien, charge, order or encumbrance, and Tenant agrees to reimburse Landlord (as additional rent) for all losses, costs, damages, and expenses resulting therefrom or incurred in connection therewith, together with interest at the Default Rate, promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney's fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and 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 Landlord or Tenantdemand.
Appears in 1 contract
Samples: Lease (Credence Systems Corp)
COVENANT AGAINST LIENS. Tenant has no authority or power to cause or permit any lien or encumbrance If, because of any kind whatsoever, whether created by act or omission (or alleged act or omission) of Tenant, operation any mechanic’s or other lien, charge or order for the payment of law money or otherwiseother encumbrances shall be filed or imposed against Landlord, to attach to or be placed upon Landlord's title or interest in the Landany Superior Lessor, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit Superior Mortgagee and/or any lien portion of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement in the Premises (whether installed or paid for by Landlord not such lien, charge, order or Tenantencumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within thirty (30) with respect to work or services claimed to have been performed for or materials claimed to have been furnished days after notice to Tenant of the filing or the Premises and, if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause it to be immediately released and removed of record; imposition thereof provided, however, that if Tenant has obtained the appropriate bond and the order discharging such lien is being contested in good faith awaiting execution by a court having jurisdiction within such thirty day period and Tenant by appropriate proceedings diligently pursuedshall provide Landlord with reasonable evidence thereof, Tenant shall not be deemed in default hereunder if hereunder. Tenant shallshall indemnify and defend Landlord against and save Landlord harmless from all losses, in a manner subject costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable counsel fees, resulting therefrom. If Tenant fails to Landlord's prior written approval comply with the foregoing provisions, Landlord shall have the option upon ten (which approval shall not be unreasonably withheld10) cause days notice to Tenant of discharging or bonding any such lien lien, charge, order or claim of lien encumbrance, and Tenant agrees to be insured over by a title insurance company selected by reimburse Landlord (which title insurance shallas additional rent) for all losses, in any eventcosts, inure to the benefit of Landlord, Landlord's mortgagees and any potential purchasers of the Land or Building of which Tenant shall be notified)damages, and provided thatexpenses resulting therefrom or incurred in connection therewith, in any eventtogether with interest at the Interest Rate, such lien or claim of lien shall be released or removed within four (4) months of the date such lien first attached. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney's fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and 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 Landlord or Tenantdemand.
Appears in 1 contract
COVENANT AGAINST LIENS. (a) Commencing as of the date hereof, Tenant shall pay and discharge before the imposition of any fine, lien, interest or penalty all additional rent and other amounts and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, lien, penalty and interest with respect thereto. If, because of any act or omission or alleged act or omission of Tenant where Tenant has no authority a duty to act, any mechanic's or power to cause other lien, charge or permit order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any lien or encumbrance Fee Mortgagee and/or any portion 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 Land, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement in the Premises (whether installed or paid for by Landlord not such lien, charge, order or Tenant) with respect to work encumbrance is valid or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises andenforceable as such), if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause 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) at its cost and expense, cause such lien or claim of lien same to be insured over by a title insurance company selected by Landlord discharged of record or bonded within thirty (which title insurance shall, in any event, inure 30) days after notice to the benefit of Landlord, Landlord's mortgagees and any potential purchasers Tenant of the Land filing 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity imposition thereof) ; and Tenant shall promptly upon notice indemnify and defend Landlord and any Landlord Party against and save Landlord and any Landlord Party harmless from all losses, costs, damages, expenses, liabilities, suits, fines, charges, penalties, claims, demands and obligations, including, without limitation, reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such lien, charge, order or encumbrance, and Tenant agrees to reimburse Landlord (as additional rent) for all sumslosses, costs costs, damages, and expenses (including reasonable attorney's fees) resulting therefrom or incurred by Landlord in connection therewith, together with interest at the Default Rate, within fifteen (15) Business Days after demand accompanied by reasonable documentation supporting the amount of any such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and agrees not to suffer costs or permit any equipment lien to attach to any of the fixtures or improvements in the Premises, whether installed and/or paid for by Landlord or Tenantexpenses.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Sothebys Holdings Inc)
COVENANT AGAINST LIENS. 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 Land, Building or the Leased Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer cause or permit allow any lien of mechanics or materialmen or others liens to be placed against the Land, Building or the Leased Premises as a result of Tenant’s construction or other acts in the Leased Premises or any improvement Tenant or Tenant's agents, employees, contractors and licensees acts in the Premises (whether installed or paid for by Landlord or Tenant) 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, if Building and in case of any such lien attaches attaching or a claim for a lien is thereof being asserted, Tenant covenants and agrees no later than forty-five (45) days from the filing thereof or such claim being asserted (i) to cause it to be immediately released and removed of recordrecord or (ii) to provide Landlord with endorsements (reasonably satisfactory to Landlord and Mortgagee) to Landlord and Mortgagee's title insurance policies insuring against the existence of or attempted enforcement of such lien; provided, however, that if such lien is being contested or (iii) to provide Landlord with a bond in good faith by Tenant by appropriate proceedings diligently pursued, Tenant shall not be in default hereunder if Tenant shall, in a manner subject form and substance acceptable 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 . In 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. If event that such lien is not promptly released and removed or released, removed, insured over as aforesaid, or bonded around within said forty-five (45) day period Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice 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's feesattorneys' fees and court costs) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to lien together with interest thereon at the contrary, Tenant covenants and 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 Landlord or TenantInterest Rate.
Appears in 1 contract
Samples: Lease (Privatebancorp, Inc)
COVENANT AGAINST LIENS. Tenant has no authority or power to cause or permit any lien or encumbrance (a) If, because of any kind whatsoever, whether created by act or omission (or alleged act or omission) of Tenant, operation any mechanic's or other lien, charge or order for the payment of law money or otherwiseother encumbrances shall be filed or imposed against Landlord, to attach to or be placed upon Landlord's title or interest in Superior Lessor, Mortgagee and/or any portion of the Land, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement in the Leased Premises (whether installed or paid for by Landlord not such lien, charge, order or Tenant) with respect to work encumbrance is valid or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises andenforceable as such), if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause 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) at its cost and expense, cause such lien or claim of lien same to be insured over by a title insurance company selected by Landlord discharged of record or bonded within ten (which title insurance shall, in any event, inure 10) days after notice to the benefit of Landlord, Landlord's mortgagees and any potential purchasers Tenant of the Land filing 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity imposition thereof) ; and Tenant shall indemnify and defend Landlord, Mortgagee and Superior Lessor against and save Landlord, Mortgagee, and Superior Lessor harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such lien, charge, order or encumbrance, and Tenant agrees to reimburse Landlord (as additional rent) for all losses, costs, damages, and expenses resulting therefrom or incurred in connection therewith, together with interest thereon (at a rate equal to the "Maximum Rate"), promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney's fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and 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 Landlord or Tenantdemand.
Appears in 1 contract
Samples: Aviation Sales Co
COVENANT AGAINST LIENS. 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 LandProject, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's ’s interest only. Landlord shall have the right at all times to post and keep posted on the Premises any notice which it deems necessary for protection from such liens. Tenant covenants and agrees not to suffer that it will pay or permit any lien of mechanics or materialmen or others cause to be placed against the Land, Building or Premises or paid all sums legally due and payable by it on account of any improvement in the Premises (whether installed or paid for by Landlord or Tenant) with respect to work or services claimed to have been performed for or materials claimed to have been furnished to in connection with in connection with any work performed by or for Tenant on the Premises. Tenant shall give Landlord immediate notice of the placing of any lien or encumbrance against the Premises and, if any as a result of work by or for Tenant and shall cause such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause it encumbrance to be immediately released and removed discharged within thirty (30) days of recordthe filing or recording thereof; provided, however, that if Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and Tenant causes such lien is being contested in good faith by Tenant by appropriate proceedings diligently pursued, Tenant shall not or encumbrance to be in default hereunder if Tenant shall, bonded or insured over in a manner subject reasonably satisfactory to Landlord's prior written approval Landlord within such thirty (which approval shall not be unreasonably withheld30) cause such lien or claim of lien day period. Notwithstanding anything to be insured over by a title insurance company selected by Landlord (which title insurance shallthe contrary set forth in this Lease, 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. If event that such lien is not promptly released and removed or insured otherwise bonded over as aforesaidwithin such thirty (30) day period, Landlord, at its sole option, may immediately thereafter take all action necessary to release and remove such lien (lien, without any duty to investigate the validity thereof) , and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (expenses, including reasonable attorney's fees) attorneys’ fees and costs, incurred by Landlord in connection with such lien. Notwithstanding anything in lien shall be deemed Additional Rent under this Lease to the contrary, Tenant covenants and 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 shall immediately be due and payable by Landlord or Tenant.
Appears in 1 contract
Samples: Beyond Meat, Inc.
COVENANT AGAINST LIENS. Tenant has no authority shall not allow any liens arising from any act or power omission of Tenant to cause exist, attach to, be placed on, or permit encumber Landlord’s or Tenant’s interest in the Premises, the Building or the Project, or any lien or encumbrance portion of any kind whatsoevereither, 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 Land, Building or Premises, and any and all liens and encumbrances created by . Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen mechanics, material suppliers, or others to be placed against the LandPremises, the Building or Premises the Project, or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) portion of either, with respect to work or services performed or claimed to have been performed for Tenant or materials furnished or claimed to have been furnished to Tenant or the Premises. Landlord has the right at all times to post and keep posted on the Premises andany notice that it considers necessary for protection from such liens. At least seven (7) days before beginning construction of any Alterations, if Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of nonresponsibility. If any such lien attaches or a claim for a lien is assertedif Tenant receives notice of any such lien, Tenant covenants and agrees to shall cause it the lien to be immediately released and removed of record; provided, howeverby recordation of a lien release bond or otherwise, that within twenty (20) days after receipt of notice thereof. Despite any other provision of this Lease, 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. If such lien is not promptly released and removed or insured over as aforesaidwithin twenty (20) days after Tenant’s receipt of notice of such lien, Landlord, at its sole option, then Landlord may immediately take all action necessary to release and remove such lien (the lien, without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and of such lien. All expenses (including reasonable attorney's feesattorney fees and the cost of any bond) incurred by Landlord in connection with a lien incurred by Tenant or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Tenant. Notwithstanding the foregoing, if Tenant shall, in good faith, contest the validity of any such lien. Notwithstanding anything in this Lease to the contrary, claim or demand, then Tenant covenants shall, at its sole expense, defend and agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in protect itself, Landlord and the Premises, whether installed and/or paid for by 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 Tenantis 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. Tenant has no authority or power shall do all things necessary to cause or permit any lien or encumbrance prevent the filing of any kind whatsoever, whether created by act of Tenant, operation of law mechanics’ or otherwise, to attach to or be placed upon Landlord's title or interest in the Land, Building or Premises, and any and all other liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement in other portion of the Premises (whether installed or paid for by the interest of the Landlord or Tenant) with respect to work any ground or underlying lessors therein or the interest of any mortgagees or holders of any deed of trust covering the Premises by reason of any work, labor, services or materials performed or supplied or claimed to have been performed for or supplied to Tenant, or anyone holding the Premises, or any part thereof, through or under Tenant. If any such lien 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 thereof or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security, by surety bond or otherwise as is prescribed by 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. If Tenant shall fail to vacate or release such lien in the manner and within the time period aforesaid, then, in addition to any other right or remedy of Landlord resulting from Tenant’s said default, Landlord may, but shall not be obligated to, vacate or release the same either by paying the amount claimed to be due or by procuring the release of such lien by giving security or in such other manner as may be prescribed by law. Tenant shall repay to Landlord, on demand, all sums disbursed or deposited by Landlord pursuant to the foregoing provisions of this Paragraph 15, including Landlord’s cost and expenses and reasonable attorneys’ fees incurred in connection therewith. Nothing contained herein shall imply any consent or agreement on the part of Landlord or any ground or underlying lessors or mortgagees or holders of deeds of trust of the Premises to subject their respective estates or interest to liability under any mechanics’ or other lien law, whether or not the performance or the furnishing of such work, labor, services or materials claimed to have been furnished to Tenant or the Premises and, if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney's fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in anyone holding the Premises, whether installed and/or paid for or any part thereof, through or under Tenant, shall have been consented to by Landlord or Tenantand/or any of such parties.
Appears in 1 contract
COVENANT AGAINST LIENS. Tenant has no authority shall not allow any liens arising from any act or power omission of Tenant to cause exist, attach to, be placed on, or permit encumber Landlord’s or Tenant’s interest in the Premises, the Building or the Project, or any lien or encumbrance portion of any kind whatsoevereither, 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 Land, Building or Premises, and any and all liens and encumbrances created by . Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen mechanics, material suppliers, or others to be placed against the LandPremises, the Building or Premises the Project, or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) portion of either, with respect to work or services performed or claimed to have been performed for Tenant or materials furnished or claimed to have been furnished to Tenant or the Premises. Landlord has the right at all times to post and keep posted on the Premises andany notice that it considers necessary for protection from such liens. At least ten (10) days before beginning construction of any Alterations, if Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of nonresponsibility. If any such lien attaches or a claim for a lien is assertedif Tenant receives notice of any such lien, Tenant covenants and agrees to shall cause it the lien to be immediately released and removed of record; provided, howeverby recordation of a lien release bond or otherwise, that within thirty (30) days after receipt of notice thereof. Despite any other provision of this Lease, 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. If such lien is not promptly released and removed or insured over as aforesaidwithin thirty (30) days after Tenant’s receipt of notice of such lien, Landlord, at its sole option, then Landlord may immediately take all action necessary to release and remove such lien (the lien, without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and of such lien. All expenses (including reasonable attorney's feesattorney fees and the cost of any bond) incurred by Landlord in connection with a lien incurred by Tenant or its removal shall be considered Additional Rent under this Lease and be immediately due and payable by Tenant. Notwithstanding the foregoing, if Tenant shall, in good faith, contest the validity of any such lien. Notwithstanding anything in this Lease to the contrary, claim or demand, then Tenant covenants shall, at its sole expense, defend and agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in protect itself, Landlord and the Premises, whether installed and/or paid for by 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 Tenantis made a party to any such action, Tenant shall reimburse Landlord’s attorneys’ fees and costs within ten (10) days after demand.
Appears in 1 contract
Samples: Lionbridge Technologies Inc /De/
COVENANT AGAINST LIENS. 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 ’s title or interest in the Land, Building or Leased Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's ’s interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or the Leased Premises or any improvement Tenant’s interest in the Premises (whether installed or paid for by Landlord or Tenant) Leased Premises, with respect to work or services performed or claimed to have been performed for or materials furnished or claimed to have been furnished to Tenant or the Premises Leased Premises, and, if in case of any such lien attaches attaching or a claim for a lien is thereof being asserted, Tenant covenants and agrees no later than 10 days from the filing thereof or such claim being asserted (i) to cause 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 record or (ii) to provide Landlord with endorsements (satisfactory to Landlord and Landlord's prior written approval (which approval shall not be unreasonably withheld’s mortgagee) cause to Landlord and Landlord’s mortgagee’s title insurance policies insuring against the existence of or attempted enforcement of such lien or claim of lien (iii) to be insured over by provide Landlord with a title insurance bond from a company selected by satisfactory to Landlord (which title insurance shalland in form, in any event, inure substance and amount satisfactory to the benefit of Landlord, Landlord's mortgagees and any potential purchasers insuring against loss arising from the existence or attempted enforcement of such lien. In 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. If event that such lien is not promptly released and removed released, removed, insured or insured bonded over as aforesaid, within said 10 day period Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice notice, either before or after such release and removal, pay or reimburse Landlord for all sums, costs and expenses (including reasonable attorney's attorneys’ fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to , together with interest thereon at the contrary, Tenant covenants and 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 Landlord or TenantInterest Rate (as defined below).
Appears in 1 contract
Samples: Lease (Stockeryale Inc)
COVENANT AGAINST LIENS. Tenant has no authority shall not allow any liens arising from any act or power omission of Tenant to cause exist, attach to, be placed on, or permit encumber Landlord’s or Tenant’s interest in the Premises, Building 8 or the Project, or any lien or encumbrance portion of any kind whatsoevereither, 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 Land, Building or Premises, and any and all liens and encumbrances created by . Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen mechanics, material suppliers, or others to be placed against the LandPremises, Building 8 or Premises the Project, or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) portion of either, with respect to work or services performed or claimed to have been performed for Tenant or materials furnished or claimed to have been furnished to Tenant or the Premises. Landlord has the right at all times to post and keep posted on the Premises andany notice that it considers necessary for protection from such liens. At least ten (10) days before beginning construction of any Alteration, if Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of nonresponsibility. If any such lien attaches or a claim for a lien is assertedattaches, Tenant covenants and agrees to shall cause it the lien to be immediately released and removed of record; provided, however, that if such lien is being contested . Notwithstanding anything to the contrary set forth in good faith by Tenant by appropriate proceedings diligently pursued, Tenant shall not be in default hereunder if Tenant shallthis Lease, 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. If event that such lien is not promptly released and removed on or insured over as aforesaidbefore the date occurring fifteen (15 days after Landlord delivers notice of the lien to Tenant, Landlord, at its sole option, may immediately take all action necessary to release and remove such lien (lien, without any duty to investigate the validity thereof) , and Tenant shall promptly upon notice reimburse Landlord for all sumsof it. All expenses, costs and expenses (including reasonable attorney's feesattorney fees and the cost of any bond) incurred by Landlord in connection with a lien incurred by Tenant or its removal shall be deemed Additional Rent under this Lease and be immediately due and payable by Tenant. Notwithstanding the foregoing, if Tenant shall, in good faith, contest the validity of any such lien. Notwithstanding anything in this Lease to the contrary, claim or demand, then Tenant covenants shall, at its sole expense, defend and agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in protect itself, Landlord and the Premises, whether installed and/or paid Building 8 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 shall require, Tenant shall furnish a surety bond in an amount equal to one hundred fifty percent (150%) of the amount of such contested lien, claim or demand, indemnifying Landlord against liability for by the same. If Landlord elects to participate in or Tenantis 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: Lease Agreement (C3.ai, Inc.)
COVENANT AGAINST LIENS. 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 Land, Building Project or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's ’s interest only. Landlord shall have the right at all times to post and keep posted on the Premises any notice which it deems necessary for protection from such liens. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the LandProject, the Building or Premises the Premises, or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) 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 Premises, and, if in case of any such lien attaches attaching or a claim for a lien is assertednotice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record; provided, however, that if record within thirty (30) days after Xxxxxx’s receipt of notice from Landlord regarding the existence of such lien is being contested lien. Notwithstanding anything to the contrary set forth in good faith by Tenant by appropriate proceedings diligently pursued, Tenant shall not be in default hereunder if Tenant shallthis Lease, 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. If event that such lien is not promptly released and removed on or insured over as aforesaidbefore the date occurring thirty (30) days after notice of such lien is delivered by Landlord to Tenant, Landlord, at its sole option, may upon an additional five (5) days notice to Tenant, immediately take all action necessary to release and remove such lien (lien, without any duty to investigate the validity thereof) , and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (expenses, including reasonable attorney's fees) attorneys’ fees and costs, incurred by Landlord in connection with such lien. Notwithstanding anything in lien shall be deemed Additional Rent under this Lease to the contrary, and shall be due and payable by Tenant covenants and agrees not to suffer or permit any equipment lien to attach to any within thirty (30) days of the fixtures or improvements in the PremisesTenant’s receipt of an invoice therefor. WARNER CENTER TOWERS [Health Net, whether installed and/or paid for by Landlord or Tenant.Inc.] Warner Center III\Health Net\JS\December 22, 2003 Initial Initial Initial Initial
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
COVENANT AGAINST LIENS. All work performed, materials furnished, or obligations incurred by or at the request of a Tenant has no authority or power to cause or Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not permit any lien mechanic’s liens to be filed against the Premises or encumbrance the Property in connection therewith. Upon completion of any kind whatsoeversuch work, whether created by act Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten (10) days after Tenant obtains knowledge thereof (or such earlier time period as may be necessary to prevent the forfeiture of Tenantthe Premises, operation the Property or any interest of law Landlord therein or otherwisethe imposition of a civil or criminal fine with respect thereto), either (i) pay the amount of the lien and cause the lien to attach be released of record, or (ii) diligently contest such lien and deliver to Landlord a bond or be placed upon other security reasonably satisfactory to Landlord's title or interest in . If Tenant fails to timely take either such action, then Landlord may pay the Land, Building or Premiseslien claim, and any amounts so paid, including reasonable expenses and all liens and encumbrances created interest, shall be paid by Tenant shall attach to Tenant's Landlord within ten (10) days after Landlord has invoiced Tenant therefor together with interest onlyat the Default Rate. Tenant covenants shall defend, indemnify and agrees not to suffer or permit any lien hold harmless the Indemnified Parties from and against all claims, demands, causes of mechanics or materialmen or others to be placed against the Landaction, Building or Premises or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises andsuits, if any such lien attaches or a claim for a lien is assertedjudgments, Tenant covenants and agrees to cause 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs damages and expenses (including actual and reasonable attorney's out-of-pocket attorneys’ fees) in any way arising from or relating to the failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party. This indemnity provision shall survive termination or expiration of this Lease. Landlord in connection and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with such lien. Notwithstanding anything in this Lease to Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the contraryfurnishing of any labor, Tenant covenants and agrees not to suffer services, materials, supplies or permit any equipment lien to attach with respect to any portion of the fixtures or improvements in the Premises, whether installed and/or paid at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Property or TenantLandlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work.
Appears in 1 contract
COVENANT AGAINST LIENS. Tenant has no authority or power 8.1 Lessee agrees 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 keep the Land, Building or PremisesDemised Premises and every part thereof, and any and every estate, right, title and interest therein, at all times during the term of this Lease free and clear of mechanics’ liens and encumbrances created other liens for labor, services, supplies, equipment or material, furnished to the Demised Premises, and Lessee will at all times fully and promptly pay and discharge and wholly protect and save harmless Lessor and all and every part of the estate, right, title and interest of Lessor in and to all and every part of the Demised Premises against any and all demands or claims which may or could ripen into such liens or claims therefor including the payment of Lessor’s attorneys’ fees or any expense which Lessor may incur by Tenant shall attach to Tenant's interest onlyreason thereof. Tenant covenants Whenever and agrees not to suffer as often as any mechanics’ or permit any materialman’s lien of mechanics or materialmen or others is filed against the Demised Premises purporting to be placed against the Land, Building for labor or Premises material furnished or to be furnished to Lessee or any improvement in assignee, subtenant or licensee of Lessee, Lessee shall discharge the Premises same of record within ninety (whether installed or paid for by Landlord or Tenant90) with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or days after the Premises and, if any such lien attaches or a claim for a lien is asserted, Tenant covenants and agrees to cause it to be immediately released and removed date of recordfiling; provided, however, that if such lien is being contested in good faith by Tenant by appropriate proceedings diligently pursued, Tenant Lessee shall not be in default hereunder if Tenant shall, in a manner subject have the right to Landlord's prior written approval (which approval shall not be unreasonably withheld) cause contest any such lien or claim upon giving to Lessor prompt notice 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), such contest and provided that, in the event of any eventcontest, such lien or claim of lien shall be released or removed within four (4) months of the date such lien first attached. If such lien is not promptly released Lessee hereby agrees to indemnify and removed or insured over as aforesaid, Landlord, at its sole option, may take hold Lessor harmless from any and all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sumsdamages, costs and expenses (including reasonable attorney's fees) incurred by Landlord Lessor as a result of said lien or defense thereto including Lessor’s attorneys’ fees and provided further Lessee shall within thirty (30) days after request therefor by Lessor provide a bond in connection with a form satisfactory to Lessor for the full amount of said lien or claim plus costs and attorneys’ fees and Lessee’s indemnity obligations. In the event that any such lien. Notwithstanding anything lien does so attach and is not released within ninety (90) days after date of filing, or if Lessee does not have sufficient net worth to fully indemnify Lessor against such lien and/or Lessee has not provided a bond within thirty (30) days after request therefor by Lessor, Lessor, in this Lease addition to such other remedies available to Lessor as a result of Lessee failing to keep the covenant against having a lien attached to the contraryDemised Premises, Tenant covenants in Lessor’s sole discretion, may pay and discharge the same and relieve the Demised Premises of said lien, and Lessee agrees not to suffer or permit any equipment lien repay and reimburse Lessor upon demand for the amount so paid by Lessor, together with the reasonable costs, and expenses including attorneys’ fees incurred by Lessor in so paying, discharging and relieving the Demised Premises therefrom, together with interest on the amounts expended by Lessor at a rate equal to attach the time to any time “prime” rate of the fixtures or improvements interest as published in the PremisesWall Street Journal during the period of time from the date of Lessor’s payment to the date repaid. The obligations of Lessee under the provisions of this Section, whether installed and/or paid for shall be limited to mechanics’ liens arising out of work done or material furnished, the cost of which is to be borne by Landlord Lessee, its assignees, subtenants or Tenantlicensees under the terms hereof.
Appears in 1 contract
Samples: Extension Agreement (Schawk Inc)
COVENANT AGAINST LIENS. Tenant has no authority or power to to, and shall not, 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 and/or Tenant's title or interest in the Land, Building Property or the Leased Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building Property or the Leased Premises or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) with respect to work or services performed or claimed to have been performed for for, or materials furnished or claimed to have been furnished to to, Tenant or the Premises Leased Premises, and, if in case of any such lien attaches attaching or a claim for a lien is thereof being asserted, Tenant covenants and agrees to immediately notify Landlord of such lien and cause it to be immediately released and removed of record; provided, however, . In the event 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. If such lien is not promptly released and removed within ten (10) days after Landlord gives Tenant a written demand for the release and removal of such lien, or insured over as aforesaidwithin any shorter period of time (with or without any such demand) if Landlord's interest in the Property, the Building or the Leased Premises might be jeopardized if Landlord were required to wait any such ten (10) day period, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice notice, either before or after such release or removal, pay or reimburse Landlord for all sums, costs and expenses (including reasonable attorney's attorneys' fees) incurred by Landlord in connection with such lien, together with interest thereon at the Interest Rate. The preceding two sentences shall not apply to liens filed by reason of Landlord's failure to pay any sums it has contracted to pay to mechanics, materialmen or others except to the extent Tenant had agreed to pay or reimburse Landlord for such sums and has not done so. Notwithstanding anything the foregoing in this Lease to the contraryParagraph 10, if Tenant covenants and agrees not to suffer or permit is diligently contesting any equipment lien to attach to any of the fixtures or improvements such lien, as determined in the Premisesreasonable discretion of Landlord, whether installed and/or paid for and Tenant, at its sole cost, has obtained a bond approved by Landlord, in its reasonable discretion, that prevents the foreclosure of such lien during such contest, Landlord shall not be entitled to obtain a release or removal of such lien by any payment which is reimbursable by Tenant. Tenant shall promptly provide to Landlord all information reasonably requested by Landlord or Tenantto assist Landlord in determining whether Tenant is diligently contesting any such lien and whether such bond exists.
Appears in 1 contract
Samples: Office Lease (Hagler Bailly Inc)
COVENANT AGAINST LIENS. Tenant has no authority or power to shall not cause or permit any lien or encumbrance of any kind whatsoever, whether if created or caused by the act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Land, Building Project or Premises, . Landlord shall have the right at all times to post and keep posted on the Premises any and all liens and encumbrances created by Tenant shall attach to Tenant's interest onlynotice that it deems necessary for protection from such liens. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the LandProject or the Premises, Building or Premises or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) 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 Premises, and, if in case of any such lien attaches attaching or a claim for a lien is assertednotice of any lien, Tenant covenants and agrees to cause it such lien to be immediately released and removed of record; provided, however, that if record within thirty (30) days after the recording of such lien is being contested against the Project or Premises or post an appropriate bond, pre-approved by Landlord in good faith by Tenant by appropriate proceedings diligently pursuedwriting, Tenant shall not be within such thirty (30) day period. Notwithstanding anything to the contrary set forth in default hereunder if Tenant shallthis Lease, 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. If event that such lien is not promptly released and removed (or insured over as aforesaidTenant has not posted an appropriate bond necessary to release such liens) on or before the date occurring thirty (30) days after notice of such lien is delivered by Landlord to Tenant, Landlord, at its sole option, may immediately take all action reasonably necessary to release and remove such lien (lien, without any duty to investigate the validity thereof) , and Tenant shall promptly upon notice reimburse Landlord for all reasonable sums, costs costs, and expenses (expenses, including reasonable attorney's fees) attorneys' fees and costs, incurred by Landlord in connection with such lien. Notwithstanding anything in lien shall be Air Cargo Lease A-Mark 2014 - 18 - AIR CARGO CENTER LEASE deemed Additional Rent under this Lease and shall be due and payable by Tenant within ten (10) days following the delivery of written notice to the contrary, Tenant covenants and 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 Landlord or Tenantthereof.
Appears in 1 contract
Samples: Work Letter Agreement (A-Mark Precious Metals, Inc.)
COVENANT AGAINST LIENS. Tenant has no authority or power to cause Lessee, its successors and assigns, shall not create or permit to be created or to remain, and shall promptly discharge, any mechanic's, laborer's or materialman's lien or any conditional sale agreement, title retention agreement mortgage, which might be or become a lien, encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed charge 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. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Land, Building or Premises or any improvement part thereof, without the written consent of Lessor, which consent may be given, conditioned or withheld in Lessor’s sole discretion. Any such encumbrance shall be subject to the terms of this Lease and subordinate to the rights of Xxxxxx and any Xxxxxx’s Mortgagee hereunder. If any mechanic’s, laborer's or materialman's lien shall be filed at any time against the Premises or any part thereof, Lessee shall cause the same to be discharged of record within twenty (whether installed 20) days after notice of the filing thereof by payment, deposit, bond, or paid for by Landlord order of a court of competent jurisdiction. If Lessee shall fail to discharge or Tenant) with respect seek to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises and, if discharge any such lien attaches affecting the Premises or a claim for a lien is assertedany part thereof, Tenant covenants then Lessor and agrees to cause it to be immediately released and removed of record; providedXxxxxx’s Mortgagee shall each have the right, however, that if such lien is being contested in good faith by Tenant by appropriate proceedings diligently pursued, Tenant but shall not be obligated to, discharge the same, either by paying the amount claimed to be due or by procuring the discharge of such lien by depositing in default hereunder if Tenant shallcourt a bond for the amount claimed, or by giving security in such other manner as is permitted by law, and the Lessee shall reimburse and indemnify Lessor or Lessor’s Mortgagee as the case may be, 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 shallrespect thereto, 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. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sumsattorneys’ fees, costs and expenses with interest (including the reasonable attorney's fees) incurred cost of in-house or staff counsel), and such fees and expenses shall constitute additional rent payable upon demand by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and agrees not to suffer Lessor or permit any equipment lien to attach to any of the fixtures or improvements in the Premises, whether installed and/or paid for by Landlord or TenantLessor’s Mortgagee.
Appears in 1 contract
Samples: Lease Agreement
COVENANT AGAINST LIENS. Tenant has no authority Lessee shall not allow any liens arising from any act or power omission of Lessee to cause exist, attach to, be placed on, or permit encumber Lessor’s or Lessee’s interest in the Premises, Building or Project, or any lien or encumbrance portion of any kind whatsoevereither, 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 Land, Building or Premises, and any and all liens and encumbrances created by Tenant . Lessee shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen mechanics, material suppliers, or others to be placed against the LandPremises, Building or Premises Project, or any improvement in the Premises (whether installed or paid for by Landlord or Tenant) 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 Tenant Lessee or the Premises. Lessor has the right at all times to post and keep posted on the Premises andany notice that it considers necessary for protection from such liens. At least ten (10) days before beginning construction of any Alteration, if 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 a claim for a Lessee received notice of any such lien, Lessee shall cause the lien is asserted, Tenant covenants and agrees to cause it to be immediately released and removed of record; provided. Despite any other provision of this Lease, 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. If such lien is not promptly released and removed or insured over as aforesaidwithin twenty (20) days after Lessor delivers notice of the lien to Lessee, Landlord, at its sole option, Lessor may immediately take all action necessary to release and remove such lien (the lien, without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and of it. All expenses (including reasonable attorney's feesattorney fees and the cost of any bond) incurred by Landlord 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. Notwithstanding the foregoing, If Lessee shall, in good faith, contest the validity of any such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants claim or demand, then Lessee shall, at its sole expense, defend and agrees not to suffer or permit any equipment lien to attach to any of the fixtures or improvements in protect itself, Lessor and the Premises, whether installed and/or paid Building and Project against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If Lessor shall require, Lessee shall furnish a surety bond in an amount equal to one hundred fifty percent (150%) of the amount of such contested lien, claim or demand, indemnifying Lessor against liability for by Landlord the same. If Lessor elects to participate in or Tenantis made a party to any such action, Lessee shall reimburse Lessor’s attorneys’ fees and costs within thirty (30) days after demand.
Appears in 1 contract
COVENANT AGAINST LIENS. Tenant has no authority or power to A. Each grantee hereby covenants and agrees that it will not cause or permit any lien or encumbrance (including, without limitation, the filing 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 Land, Building or Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others mechanic’s lien) to be placed filed or asserted against the Land, Building property of the grantor as a result of any act or Premises or any improvement in omission of grantee. In the Premises (whether installed or paid for by Landlord or Tenant) 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, if event any such lien attaches or a claim for a notice of lien is assertedfiled, Tenant covenants grantee shall, within twenty (20) days of receipt of notice from grantor of the filing of the lien, contest such lien as permitted by law if such contest is sufficient alone to prevent the lien from maturing, or contest said lien as permitted by law and agrees bond or insure over said lien, or fully discharge the lien by settling the claim which resulted in the lien or by bonding or insuring over the lien in the manner prescribed by applicable law. If grantee fails to so contest and/or discharge the lien, then, in addition to any other right or remedy of grantor, grantor may bond or insure over the lien or otherwise discharge the lien. Grantee shall reimburse grantor any amount paid by grantor to bond or insure over the lien or discharge the lien, including without limitation reasonable attorneys’ fees, within fifteen (15) days of receipt of invoice therefor. Any rights and obligations created under or by this Section shall survive termination or expiration of this Easement Agreement. B. Each grantor shall have the right to cause it to be immediately released and removed one or more mortgages or deeds of record; trust against the property owned by such grantor, provided, however, that if such lien is being contested in good faith by Tenant by appropriate proceedings diligently pursued, Tenant the mortgagee or beneficiary/grantee thereunder 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 all of the Land or Building covenants, conditions and restrictions of which Tenant shall be notified)this Easement Agreement, and provided thatif any portion of such property subject to such mortgages or deeds of trust are sold under a foreclosure, or conveyed to such mortgagee or beneficiary/grantee in lieu of foreclosure, any event, such lien purchaser or claim of lien grantee and its successors and assigns shall be released hold any and all such property purchased or removed within four (4) months acquired subject to all of the date such lien first attachedcovenants, conditions and restrictions of this Easement Agreement. If such lien is not promptly released and removed or insured over as aforesaid, Landlord, at its sole option, may take all action necessary to release and remove such lien (without any duty to investigate the validity thereof) and Tenant shall promptly upon notice reimburse Landlord for all sums, costs and expenses (including reasonable attorney's fees) incurred by Landlord in connection with such lien. Notwithstanding anything in this Lease to the contrary, Tenant covenants and 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 Landlord or Tenant.9
Appears in 1 contract
Samples: Mutual Easement Agreement