COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of Tenant, 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 Superior Lessor, any Mortgagee and/or any portion of the Leased Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten (10) days after notice to Tenant of the filing or imposition thereof; and Tenant shall indemnify and defend Landlord against and save Landlord 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 demand. (b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
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Samples: Lease (Kellstrom Industries Inc), Lease (Aviation Sales Co)
COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of Tenant, any mechanic's ’s or other lien, charge or order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any Superior Lessor, any Superior Mortgagee and/or any portion of the Leased Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten thirty (1030) days after notice to Tenant of the filing or imposition thereof provided, however, if Tenant has obtained the appropriate bond and the order discharging such lien is awaiting execution by a court having jurisdiction within such thirty day period and Tenant shall provide Landlord with reasonable evidence thereof; and , Tenant shall not be deemed in default hereunder. Tenant shall indemnify and defend Landlord against and save Landlord 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 upon ten (10) days notice to Tenant 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 Interest Rate"), promptly upon demand.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
Appears in 1 contract
COVENANT AGAINST LIENS. (a) If8.1 Lessee agrees to keep the Demised Premises and every part thereof, because 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 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 act and all demands or omission (claims which may or alleged act could ripen into such liens or omission) of Tenant, any mechanic's or other lien, charge or order for claims therefor including the payment of money Lessor’s attorneys’ fees or other encumbrances shall be any expense which Lessor may incur by reason thereof. Whenever and as often as any mechanics’ or materialman’s lien is filed or imposed against Landlord, any Superior Lessor, any Mortgagee and/or any portion of the Leased Demised Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same purporting to be discharged for labor or material furnished or to be furnished to Lessee or any assignee, subtenant or licensee of Lessee, Lessee shall discharge the same of record or bonded within ten ninety (1090) days after notice to Tenant the date of the filing or imposition thereoffiling; and Tenant shall indemnify and defend Landlord against and save Landlord harmless from all lossesprovided, costshowever, 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 that Lessee shall have the option of discharging or bonding right to contest any such lien or claim upon giving to Lessor prompt notice of such contest and provided that, in the event of any contest, Lessee hereby agrees to indemnify and hold Lessor harmless from any and all damages, costs and expenses incurred by 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 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 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 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 Demised Premises, in Lessor’s sole discretion, may pay and discharge the same and relieve the Demised Premises of said lien, charge, order or encumbrance, and Tenant Lessee agrees to repay and reimburse Landlord (as additional rent) Lessor upon demand for all lossesthe amount so paid by Lessor, together with the reasonable costs, damages, and expenses resulting therefrom or including attorneys’ fees incurred by Lessor in connection therewithso paying, discharging and relieving the Demised Premises therefrom, together with interest thereon (on the amounts expended by Lessor at a rate equal to the "Maximum Rate")time to time “prime” rate of interest as published in the Wall 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, promptly upon demandshall be limited to mechanics’ liens arising out of work done or material furnished, the cost of which is to be borne by Lessee, its assignees, subtenants or licensees under the terms hereof.
(b) All materialmen8.2 Lessee further covenants and agrees that without Lessor’s written consent, contractorswhich may be unreasonably withheld, artisansLessee will not, mechanicsduring the term hereof, laborers and suffer or permit any other persons now lien to be attached to or hereafter furnishing upon the Demised Premises or any laborpart thereof by reason of any act or omission on the part of Lessee, servicesand hereby agrees to save and hold harmless Lessor from or against any such lien or claim of lien. In the event that any such lien does so attach and is not released within ninety (90) days after Lessee’s receipt of notice of same, materials supplies or equipment to Tenant if Lessee has not posted a bond with respect to any portion Lessor (of the Leased same type and nature as provided in Section 8.1) against such lien within said ninety (90) day period, Lessor, in 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 Demised Premises, are hereby charged in Lessor’s sole discretion, may pay and discharge the same and relieve the Demised Premises therefrom, and Lessee agrees to repay and reimburse Lessor upon demand for the amount so paid by Lessor, together with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any laborreasonable costs, servicesand expenses including attorneys’ fees incurred by Lessor in so paying, materials, supplies or equipment furnished or to be furnished discharging and relieving the Demised Premises therefrom together with interest on the amount expended by Lessor at a rate equal to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach time to or affect time “prime” rate of interest as published in the estate or interest Wall Street Journal during the period of time from the Landlord in and date of Lessor’s payment to the Leased Premisesdate repaid.
Appears in 1 contract
Samples: Commercial Lease (Schawk Inc)
COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of Tenant, 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 Superior Lessor, any Mortgagee and/or any portion of the Leased Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten thirty (1030) days after notice to Tenant of the filing or imposition thereof; and Tenant shall indemnify and defend Landlord against and save Landlord 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 demand.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials materials, supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
Appears in 1 contract
Samples: Lease (Enzo Biochem Inc)
COVENANT AGAINST LIENS. (a) If, because Tenant shall do all things necessary to prevent the filing of any act mechanic's lien or omission (other lien against the Premises or alleged act any other portion of the Commercial Center or omission) the interest of Landlord or any ground or underlying lessors therein or the interest of any mortgagees in the Commercial Center, 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 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 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 lienlien law, charge or order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any Superior Lessor, any Mortgagee and/or any portion of the Leased Premises (whether or not the performance or the furnishings of such lienwork, chargelabor, order services or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten (10) days after notice materials to Tenant of or anyone holding the filing Premises, or imposition any part thereof; and Tenant shall indemnify and defend Landlord against and save Landlord harmless from all losses, coststhrough or under such Tenant, 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 been consented to by Landlord or any 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 demandparties.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
Appears in 1 contract
COVENANT AGAINST LIENS. (a) If, because of Lessee shall not allow any liens arising from any act or omission (of Lessee to exist, attach to, be placed on, or alleged act encumber Lessor’s or omission) of TenantLessee’s interest in the Premises, any mechanic's Building 8 or other lienProject, charge or order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any Superior Lessor, any Mortgagee and/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 Leased Premises, Building 8 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 ten (whether 10) 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, 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 not 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, chargeclaim or demand, order or encumbrance is valid or enforceable as such), Tenant then Lessee shall, at its cost and sole expense, cause defend and protect itself, Lessor and the Premises, 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 be discharged one hundred fifty percent (150%) of record the amount of such contested lien, claim or bonded demand, indemnifying Lessor against liability for the same. If Lessor elects to participate in or is made a party to any such action, Lessee shall reimburse Lessor’s attorneys’ fees and costs within ten (10) days after notice to Tenant of the filing or imposition thereof; and Tenant shall indemnify and defend Landlord against and save Landlord 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 demand.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
Appears in 1 contract
Samples: Triple Net Space Lease (Threshold Pharmaceuticals Inc)
COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of TenantTenant or any Tenant Party, any mechanic's ’s or other lien, charge or order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any Superior Underlying Lessor, any Mortgagee and/or any portion of the Leased Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten (10) days after notice to Tenant of the filing or 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 thereon (at a rate equal to the "Maximum Default Rate"), promptly upon demand.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials materials, supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's ’s or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
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) omission of TenantTenant where Tenant has a duty to act, 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 Superior Lessor, any Fee Mortgagee and/or any portion of the Leased Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten thirty (1030) days after notice to Tenant of the filing or imposition thereof; and Tenant shall 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 losses, costs, damages, and expenses resulting therefrom or incurred in connection therewith, together with interest thereon at the Default Rate, within fifteen (at a rate equal to 15) Business Days after demand accompanied by reasonable documentation supporting the "Maximum Rate"), promptly upon demandamount of any such costs or expenses.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials materials, supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
Appears in 1 contract
Samples: Lease (Sothebys Holdings Inc)
COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of Tenant, 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 Superior Lessor, any Mortgagee and/or any portion of the Leased Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten (10) days after notice to Tenant of the filing or imposition thereof; and Tenant shall indemnify and defend Landlord Landlord, Mortgagee and Superior Lessor against and save Landlord 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 demand.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that neither the Landlord Landlord, Mortgagee nor Superior Lessor shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord Landlord, Mortgagee or Superior Lessor in and to the Leased Premises.
(c) In accordance with Florida Statutes 713.10, Landlord shall have the right to post on the Leased Premises and to file and/or record in the Public Records or court registry, as applicable, notices of non-responsibility and such other notices as Landlord may reasonably deem proper for the protection of Landlord's interest in the Leased Premises.
Appears in 1 contract
Samples: Lease (Aviation Sales Co)
COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of Tenant, 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 Superior Lessor, any Mortgagee and/or any portion of the Leased Premises (whether or not such lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten (10) days after notice to Tenant of the filing or imposition thereof; and Tenant shall indemnify and defend Landlord against and save Landlord 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 demand.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials supplies or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's or other lien for any such labor, services, materials, supplies or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
(c) Tenant shall not mortgage or pledge it interest in this Lease or otherwise mortgage or pledge the interest of Tenant in and to any sublease of the Leased Premises or any portion thereof or the rental payable thereunder, except that a leasehold mortgage may be given by Tenant in favor of Citicorp USA, Inc., as Agent, or to any successor lender providing an asset based loan facility to Tenant,provided (i) any such leasehold mortgage specifically shall state that it is subordinate to any mortgagee of Landlord, and (ii) that no additional notice and/or cure rights are requested of Landlord with respect to same. Any such mortgage or pledge not permitted by this Section 27(c) shall be void.
Appears in 1 contract
Samples: Lease (Timco Aviation Services Inc)
COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of Tenant, any mechanic's mechanics’ or other lien, charge charge, or order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any Superior Lessor, any Mortgagee Mortgagee, and/or any portion of the Leased Premises (whether or not such lien, charge, order order, or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten (10) days after notice to Tenant of the filing or imposition thereof; and Tenant shall indemnify and defend Landlord against against, and save Landlord harmless from from, all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands 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 order, or encumbrance, and Tenant agrees to reimburse Landlord (as additional rent) for all losses, costs, damages, and expenses (including without limitation reasonable attorney fees) resulting therefrom or incurred in connection therewith, plus an administration fee of twenty (20%) percent of the total of the same together with interest thereon (at a rate equal to the "Maximum Rate"), promptly upon demand.
(b) All materialmen, contractors, artisans, mechanics, laborers laborers, and any other persons now or hereafter furnishing any labor, services, materials supplies materials, supplies, or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies supplies, or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's mechanics’ or other lien for any such labor, services, materials, supplies supplies, or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
Appears in 1 contract
Samples: Agreement to Sell, Purchase and Lease (First National Bancshares Inc /Sc/)
COVENANT AGAINST LIENS. (a) If, because of any act or omission (or alleged act or omission) of Tenant, any mechanic's mechanics' or other lien, charge charge, or order for the payment of money or other encumbrances shall be filed or imposed against Landlord, any Superior Lessor, any Mortgagee Mortgagee, and/or any portion of the Leased Premises (whether or not such lien, charge, order order, or encumbrance is valid or enforceable as such), Tenant shall, at its cost and expense, cause same to be discharged of record or bonded within ten (10) days after notice to Tenant of the filing or imposition thereof; and Tenant shall indemnify and defend Landlord against against, and save Landlord harmless from from, all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands 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 order, or encumbrance, and Tenant agrees to reimburse Landlord (as additional rent) for all losses, costs, damages, and expenses (including without limitation reasonable attorney fees) resulting therefrom or incurred in connection therewith, plus an administration fee of twenty (20%) percent of the total of the same together with interest thereon (at a rate equal to the "Maximum Rate"), promptly upon demand.
(b) All materialmen, contractors, artisans, mechanics, laborers laborers, and any other persons now or hereafter furnishing any labor, services, materials supplies materials, supplies, or equipment to Tenant with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Notice is hereby given that the Landlord shall not be liable for any labor, services, materials, supplies supplies, or equipment furnished or to be furnished to the Tenant upon credit, and that no mechanic's mechanics' or other lien for any such labor, services, materials, supplies supplies, or equipment shall attach to or affect the estate or interest of the Landlord in and to the Leased Premises.
Appears in 1 contract
Samples: Lease Agreement (First National Bancshares Inc /Sc/)