COVENANTS AGAINST LIENS. Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of any labor, work, services or materials performed, supplied or furnished for or to the Tenant or the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics or other lien or encumbrance shall be filed against the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services materials, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same.
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COVENANTS AGAINST LIENS. Notwithstanding any other provisions of this Lease Agreement, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to the Property and Building, or any part, including without limitation, the Premises, shall not be subject to liens for any work, labor, services performed or materials supplied, or claimed to have been performed or supplied, or any other lien cognizable under Chapter 713, Florida statutes (collectively herein "Liens"), by Tenant, or Tenant's Contractors, subcontractors, laborers and material suppliers supplying labor and/or material for the Premises (collectively herein "Contractors"). Upon the execution of this Lease Agreement, Tenant acknowledges that Landlord, at Landlord's sole option and cost, may then or thereafter record among the Public Records in the county in which the Building is located, this Lease Agreement or short form thereof (or such other memorandum in form and substance satisfactory to Landlord, in Landlord's sole discretion) for the purpose of insulating the interest of Landlord from any and all such Contractor's Liens, without mitigating or otherwise affecting any other provisions of this Lease Agreement. Tenant hereby acknowledges that Landlord shall further be permitted to do or perform any act necessary or appropriate, in Landlord's sole discretion, to prevent the filing of any Lien against the Premises or any part thereof. In addition to the foregoing and not in lieu thereof, Tenant shall not do all things necessary to prevent the filing of any actLiens against the Premises or the interest of Landlord or the interest of any mortgages or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, nor make if any, by reasons of any contract which may create any lien work, labor, services, or other encumbrance upon materials performed or supplied or claimed to have been performed or supplied to Tenant or anyone holding the Building or Premises, nor permit nor suffer or any part thereof, by, through, or under Tenant. If any such Lien shall at any time be filed, Tenant shall cause the same to remainbe vacated and canceled of record within thirty (30) days after the date of the filing thereof. If any such Lien shall be filed notwithstanding the provisions of this subparagraph, then, in addition to any other right or remedy of Landlord resulting from Tenant's default, occasioned by such filing, Landlord may, but shall not be obligated to, contest such Lien or vacate or release the same either by paying the amount claimed to be duc 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, as a result of any laborAdditional Rent hereunder on demand, work, services all sums disbursed or materials performed, supplied or furnished for or deposited by Landlord pursuant to the Tenant or the Premises. Ifforegoing provisions of this paragraph, because including Landlord's costs and expenses, including an administrative charge of any act or omission twenty percent (or alleged act or omission20%) of Tenantsuch sum, and attorneys' fees incurred in connection therewith. Nothing contained herein shall imply a consent or agreement on the part of Landlord or mortgagees or holders of deeds of trust or any mechanics ground or underlying lessors, if any, of the Premises to subject their respective estates or interests to liability under any mechanics' or other lien or encumbrance shall be filed against the Building or Premiseslaw, whether or not such lien the performance or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any such work, labor, services materialsservices, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively materials to Tenant or anyone holding the Premises, or any part thereof, by, through or under Tenant shall have been consented to obtain payment for sameby Landlord and/or any of such other parties.
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COVENANTS AGAINST LIENS. (a) Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon all or any part of the Building or Premises, nor permit nor suffer same to remainsame, as a result on account of any labor, work, services work performed or materials performed, supplied or furnished for or to the Tenant or the Premises. Ifif, because of any act or omission (or alleged act or omission) of Tenant, any mechanics mechanic's or other lien or encumbrance shall be filed against all or any part of the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, bonded within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord and Overlandlord against and from all damages, costs, liabilities, suits, penalties penalties, claims and demands, including reasonable counsel fees, resulting from ,
(i) the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two four (2%4t) percent above the annual prime interest rate extended by Citicorp to Chase Manhattan Bank, N.
A. at its most favored borrowers, promptly upon demandNew York office as of the date of payment by Landlord; or (ii) the highest rate permitted by law (said rate of interest hereinafter being called the "Lease Interest Rate"), which sums interest shall commence to run as of the date of payment and which sums, including the said interest, shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services services, materials, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant, following notice to Landlord, shall have the right to contest by appropriate legal proceedings, at its sole cost and expense, the validity of any mechanic's lien filed against the Premises; provided, however, that:
(i) any noncompliance or contest shall not constitute a crime on the part of Landlord and/or Overlandlord or otherwise adversely affect, jeopardize or threaten the interests of Landlord and/or Overlandlord; (ii) Tenant diligently shall prosecute any such contest to a final determination by a court, department or governmental authority having final jurisdiction and shall keep Landlord advised in writing as to all changes in status and determinations in connection with any such proceedings; (iii) Tenant shall indemnify and save harmless Landlord and Overlandlord against and from any and all losses, costs, expenses, claims, penalties, actions, demands, liabilities, judgments or other damages which Landlord and/or Overlandlord may sustain by reason of such contest or as a result of Tenant's failure or delay in compliance, including, without limitation, reasonable attorneys' fees; and (iv) Tenant shall provide such reasonable security as shall be requested by Landlord. In no event shall Tenant defer compliance if such deferment would constitute a violation of any of the provisions of any mortgage. Landlord agrees to cooperate reasonably with Tenant and to execute any documents or pleadings reasonably required for the purpose of any such contest; provided that the same shall be without cost, expense or obligation to Landlord and/or Overlandlord. Landlord shall have the right, but not the obligation, to contest by appropriate legal proceedings, at Landlord's expense, any such law, ordinance, rule, regulation or requirement.
(b) Nothing in this lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord and/or Overlandlord, expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration, addition or repair of or to the Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to file any lien against the Premises. Landlord shall have the right to post and keep posted on the Premises any notices which Landlord shall deem necessary for the protection of Landlord, Overlandlord and/or the Premises from any such lien.
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COVENANTS AGAINST LIENS. Notwithstanding xxx other provisions of this Lease, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to, or any part, including without limitation, the Demised Premises, shall not be subject to liens for any work, labor, services performed or materials supplied, or claimed to have been performed or supplied, or any other lien cognizable under Chapter 713, Florida Statutes (collectively herein "Liens"), by Tenant, or Tenant's contractors, subcontractors (including sub-contractors), laborers and material suppliers supplying labor and/or material for the Demised Premises (collectively herein "Contractors"). Upon the execution of this Lease, Tenant acknowledges that Landlord, at Landlord's sole option and cost, may then or thereafter record among the Public Records of Broward County, Florida the Lease or short form thereof (to which Tenant shall joint in the execution, at Landlord' s request), or such other memorandum in form and substance satisfactory to Landlord, in Landlord's reasonable discretion, setting forth the contents of this Paragraph or any other matter for the purpose of insulating the interest of Landlord from any and all such Contractor's Liens, without mitigating or otherwise affecting any other provisions of this Lease. Tenant hereby acknowledges that Landlord shall further be permitted to do or perform any act necessary or appropriate, in Landlord's sole discretion, to prevent the filing of any Lien against the Demised Premises or any part thereof. In addition to the foregoing and not in lieu thereof, Tenant shall do all things necessary to prevent the filing of any actLiens against the Demised Premises or the interest of Landlord or the interest of any mortgagees or holders of any deed of trust covering the Demised Premises or any ground or underlying Landlords therein, nor make if any, by reasons of any contract which may create any lien work, labor, services, or other encumbrance upon materials performed or supplied or claimed to have been performed or supplied to Tenant, or anyone holding the Building or Demised Premises, nor permit nor suffer or any part thereof, by, through or under Tenant. If any such Lien shall at any time be filed, Tenant shall cause the same to remainbe vacated and canceled of record within thirty (30) days after the date of the filing thereof. If any such Lien shall be filed notwithstanding the provisions of this Paragraph, 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, contest such Lien or 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, as a result of any laboradditional rent hereunder on demand, work, services all sums rightfully disbursed or materials performed, supplied or furnished for or deposited by Landlord pursuant to the Tenant foregoing provisions of this Paragraph, including Landlord's costs and expenses and reasonable attorneys' fees incurred in connection therewith; however, nothing contained herein shall imply any consent or agreement on the Premises. Ifpart of Landlord or mortgagees or holder of deeds of trust or any ground or underlying Landlords, because if any, of the Demised Premises to subject their respective estates or interests to liability under any act or omission (or alleged act or omission) of Tenant, any mechanics mechanics' or other lien or encumbrance shall be filed against the Building or Premiseslaw, whether or not such lien the performance or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any such work, labor, services materialsservices, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively materials to Tenant or anyone holding the Demised Premises, or any part thereof, by, through or under Tenant, shall have been consented to obtain payment for sameby Landlord and/or any of such parties.
Appears in 1 contract
COVENANTS AGAINST LIENS. Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of any labor, work, services or materials performed, supplied or furnished for or to the Tenant or the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics mechanic's or other lien or encumbrance shall be filed against the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten (10) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties penalties, claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services services, materials, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same.
Appears in 1 contract
COVENANTS AGAINST LIENS. (a) Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of any labor, work, services or materials performed, supplied or furnished for or to the Tenant or the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics mechanic's or other lien or encumbrance shall be filed against the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, Tenant, at its sole cost and expense, shall cause same to be discharged of record or bonded, within ten twenty (1020) days after notice to Tenant of the filing thereof; and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties penalties, claims and demands, including reasonable counsel fees, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowersOverdue Interest Rate, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services services, materials, supplies or equipment, at any time from the date hereof until the end of the Term, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same.
(b) Nothing in this lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration, addition or repair of or to the Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to file any lien against Landlord's interest in the Building. Landlord shall have the right to post and keep posted at all reasonable times on the Premises any notice which Landlord shall deem necessary so to post for the protection of Landlord and the Building from any such lien.
Appears in 1 contract
COVENANTS AGAINST LIENS. (a) Tenant shall not do any act, nor make any contract which may create any lien or other encumbrance upon all or any part of the Building or Premises, nor permit nor suffer same to remainsame, as a result on account of any labor, work, services work performed or materials performed, supplied or furnished for or to the Tenant or the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanics mechanic's or other lien or
A. at its New York office as of the date of payment by Landlord; or encumbrance shall (ii) the highest rate permitted by law to be filed against the Building or Premises, whether or not such lien or encumbrance is valid or enforceable as such, charged to Tenant, at its sole cost and expense(said rate of interest hereinafter being called the "Lease Interest Rate"), which interest shall cause same commence to be discharged of record or bonded, within ten (10) days after notice to Tenant run as of the filing thereof; date of payment and Tenant shall indemnify and save harmless Landlord against and from all damages, costs, liabilities, suits, penalties claims and demandswhich sums, including reasonable counsel feesthe said interest, resulting from the creation of such lien or encumbrance. In the event Tenant fails to so comply, Landlord shall have the option of discharging or bonding any such lien or encumbrance, and Tenant agrees to reimburse Landlord for all costs, legal and other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest rate extended by Citicorp to its most favored borrowers, promptly upon demand, which sums shall be deemed to constitute Additional Rental. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracted by Tenant for the furnishing of any labor, services services, materials, supplies or equipment, at any time from the date hereof until the end of the Term, ; hereby are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same.. Tenant, following notice to Landlord, shall have the right to contest by appropriate legal proceedings, at its sole cost and expense, the validity of any mechanic's lien filed against the Premises; provided, however, that:
(i) any noncompliance or contest shall not constitute a crime on the part of Landlord or otherwise adversely affect, jeopardize or threaten the interest of Landlord; (ii) Tenant diligently shall prosecute any such contest to a final determination by a court, department or governmental authority having final jurisdiction and shall keep Landlord advised in writing as to all changes in status and determinations in connection with any such proceedings; (iii) Landlord's interest in the Premises shall not be jeopardized by such contest; and
Appears in 1 contract
Samples: Lease Agreement (Di Giorgio Corp)
