Common use of COVENANTS AGAINST LIENS Clause in Contracts

COVENANTS AGAINST LIENS. Notwithstanding any other provisions of this Lease, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to the Building and the real estate on which it is located, or any part thereof, 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, 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 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 affecting any 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 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 liens against the Premises or the interest of Landlord or the interest of any mortgagees or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, if any, by reason of any work, labor, services, or materials performed or supplied to Tenant, or anyone holding the Premises, 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 be vacated and cancelled of record within thirty (30) days after the date that Tenant receives notice of such lien. 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, 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 additional rent hereunder on demand, all sums disbursed or deposited by Landlord pursuant to the foregoing provisions of this Paragraph, including Landlord's costs and expenses and attorneys' fees incurred in connection therewith. However, nothing contained herein shall imply a consent or agreement on the part of Landlord or any mortgagee or holder of a deed of trust or any ground or underlying lessors, if any, of the Premises to subject their respective estates or interests to liability under any mechanics' or other lien law, whether or not the performance or the furnishing of such work, labor, services, or materials to Tenant or anyone holding the Premises, or any part thereof, by, through or under Tenant, shall have been consented to by Landlord and/or any of such parties.

Appears in 1 contract

Samples: Lease Agreement (Hamilton Bancorp Inc)

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COVENANTS AGAINST LIENS. Notwithstanding any xxx other provisions of this Lease, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to the Building and the real estate on which it is locatedto, or any part thereofpart, including without limitation, the Demised Premises, shall NOT 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, subcontractorssubcontractors (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 in of Broward County, Florida the county in which the Building is located, this Lease or short form thereofthereof (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 sole 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 contractorContractor's liensLiens, 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 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 liens Liens 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 lessors Landlords therein, if any, by reason reasons of any work, labor, services, or materials performed or supplied or claimed to have been performed or supplied to Tenant, or anyone holding the Demised Premises, or any part thereof, by, through, through or under Tenant. If any such lien Lien shall at any time be filed, Tenant shall cause the same to be vacated and cancelled canceled of record within thirty (30) days after the date that Tenant receives notice of such lienthe filing thereof. If any such lien Lien shall be filed notwithstanding the provisions of this subparagraphParagraph, 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 Lien or vacate or release the same either by paying the amount claimed to be due or by procuring the release of such lien Lien by giving security or in such other manner as may be prescribed by law. Tenant shall repay to Landlord, as additional rent hereunder on demand, all sums rightfully disbursed or deposited by Landlord pursuant to the foregoing provisions of this Paragraph, including Landlord's costs and expenses and reasonable attorneys' fees incurred in connection therewith. However; however, nothing contained herein shall imply a any consent or agreement on the part of Landlord or any mortgagee mortgagees or holder of a deed deeds of trust or any ground or underlying lessorsLandlords, if any, of the Demised Premises to subject their respective estates or interests to liability under any mechanics' or other lien law, whether or not the performance or the furnishing of such work, labor, services, or materials to Tenant or anyone holding the Demised Premises, or any part thereof, by, through or under Tenant, shall have been consented to by Landlord and/or any of such parties.

Appears in 1 contract

Samples: Lease Agreement (Parlux Fragrances Inc)

COVENANTS AGAINST LIENS. Notwithstanding 11. (a) Tenant shall not do any act, nor make any contract which may create any lien or other provisions encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of this Leaseany 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 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, 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 expressly acknowledge agrees to reimburse Landlord for all costs, legal and agree that other expenses incurred in connection therewith, together with interest at an annual rate equal to two (2%) percent above the annual interest of Landlord in and rate extended by Citicorp to the Building and the real estate on its most favored borrowers, promptly upon demand, which it is locatedsums shall be deemed to constitute Additional Rental. All materialmen, or any part thereof, 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, subcontractorsartisans, mechanics, laborers and material suppliers supplying labor and/or material any other persons now or hereafter contracted by Tenant for the 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 in the county in which the Building is located, this Lease 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 affecting any 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 furnishing of any lien against the 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 liens against the Premises or the interest of Landlord or the interest of any mortgagees or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, if any, by reason of any work, labor, services, materials, supplies or materials performed or supplied to Tenantequipment, or anyone holding the Premises, 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 be vacated and cancelled of record within thirty (30) days after from the date that Tenant receives notice of such lien. If any such lien shall be filed notwithstanding hereof until the provisions of this subparagraph, then, in addition to any other right or remedy of Landlord resulting from Tenant's 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 additional rent hereunder on demand, all sums disbursed or deposited by Landlord pursuant to the foregoing provisions of this Paragraph, including Landlord's costs and expenses and attorneys' fees incurred in connection therewith. However, nothing contained herein shall imply a consent or agreement on the part of Landlord or any mortgagee or holder of a deed of trust or any ground or underlying lessors, if any, end of the Premises to subject their respective estates or interests to liability under any mechanics' or other lien lawTerm, whether or not the performance or the furnishing of such work, labor, services, or materials are hereby charged with notice that they must look exclusively to Tenant or anyone holding the Premises, or any part thereof, by, through or under Tenant, shall have been consented to by Landlord and/or any of such partiesobtain payment for same.

Appears in 1 contract

Samples: Cadapult Graphic Systems Inc

COVENANTS AGAINST LIENS. Notwithstanding any other provisions of this LeaseLease Agreement, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to the Building Property and the real estate on which it is locatedBuilding, or any part thereofpart, including without limitation, the Premises, shall NOT 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 statutes (collectively herein "Liens"), by Tenant, or Tenant's contractorsContractors, subcontractors, laborers and material suppliers supplying labor and/or material for the Premises (collectively herein "Contractors"). Upon the execution of this LeaseLease 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, 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 contractorContractor's liensLiens, without mitigating or otherwise affecting any other provisions of this LeaseLease 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 Lien against the 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 liens Liens against the Premises or the interest of Landlord or the interest of any mortgagees mortgages or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, if any, by reason reasons of any work, labor, services, or materials performed or supplied or claimed to Tenant, have been performed or supplied to Tenant or anyone holding the Premises, or any part thereof, by, through, or under Tenant. If any such lien Lien shall at any time be filed, Tenant shall cause the same to be vacated and cancelled canceled of record within thirty (30) days after the date that Tenant receives notice of such lienthe filing thereof. If any such lien 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 Lien or vacate or release the same either by paying the amount claimed to be due duc or by procuring the release of such lien Lien by giving security or in such other manner as may be prescribed by law. Tenant shall repay to Landlord, as additional rent Additional Rent hereunder on demand, all sums disbursed or deposited by Landlord pursuant to the foregoing provisions of this Paragraphparagraph, including Landlord's costs and expenses expenses, including an administrative charge of twenty percent (20%) of such sum, and attorneys' fees incurred in connection therewith. However, nothing Nothing contained herein shall imply a consent or agreement on the part of Landlord or any mortgagee mortgagees or holder holders of a deed deeds of trust or any ground or underlying lessors, if any, of the Premises to subject their respective estates or interests to liability under any mechanics' or other lien law, whether or not the performance or the furnishing of such work, labor, services, or materials to Tenant or anyone holding the Premises, or any part thereof, by, through or under Tenant, Tenant shall have been consented to by Landlord and/or any of such other parties.

Appears in 1 contract

Samples: Lease Agreement (Royal Canadian Foods Corp)

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COVENANTS AGAINST LIENS. Notwithstanding (a) Tenant shall not do any act, nor make any contract which may create any lien or other provisions encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of this Leaseany 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 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 twenty (20) 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 expressly acknowledge agrees to reimburse Landlord for all costs, legal and agree that other expenses incurred in connection therewith, together with interest at the interest of Landlord in and Overdue Interest Rate, promptly upon demand, which sums shall be deemed to the Building and the real estate on which it is locatedconstitute Additional Rental. All materialmen, or any part thereof, 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, subcontractorsartisans, mechanics, laborers and material suppliers supplying labor and/or material any other persons now or hereafter contracted by Tenant for the 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 in the county in which the Building is located, this Lease 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 affecting any 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 furnishing of any lien against the 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 liens against the Premises or the interest of Landlord or the interest of any mortgagees or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, if any, by reason of any work, labor, services, materials, supplies or materials performed or supplied to Tenantequipment, or anyone holding the Premises, 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 be vacated and cancelled of record within thirty (30) days after from the date that Tenant receives notice of such lien. If any such lien shall be filed notwithstanding hereof until the provisions of this subparagraph, then, in addition to any other right or remedy of Landlord resulting from Tenant's 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 additional rent hereunder on demand, all sums disbursed or deposited by Landlord pursuant to the foregoing provisions of this Paragraph, including Landlord's costs and expenses and attorneys' fees incurred in connection therewith. However, nothing contained herein shall imply a consent or agreement on the part of Landlord or any mortgagee or holder of a deed of trust or any ground or underlying lessors, if any, end of the Premises to subject their respective estates or interests to liability under any mechanics' or other lien lawTerm, whether or not the performance or the furnishing of such work, labor, services, or materials are hereby charged with notice that they must look exclusively to Tenant or anyone holding the Premises, or any part thereof, by, through or under Tenant, shall have been consented to by Landlord and/or any of such partiesobtain payment for same.

Appears in 1 contract

Samples: Agreement of Lease (Playtex Products Inc)

COVENANTS AGAINST LIENS. Notwithstanding 11. (a) Tenant shall not do any act, nor make any contract which may create any lien or other provisions encumbrance upon the Building or Premises, nor permit nor suffer same to remain, as a result of this Leaseany 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 and Tenant expressly acknowledge and agree that shall have the interest option of Landlord in and to the Building and the real estate on which it is located, discharging or any part thereof, 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, 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 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 affecting any 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 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 liens against the Premises or the interest of Landlord or the interest of any mortgagees or holders of any deed of trust covering the Premises or any ground or underlying lessors therein, if any, by reason of any work, labor, services, or materials performed or supplied to Tenant, or anyone holding the Premises, or any part thereof, by, through, or under Tenant. If bonding any such lien shall at any time be filedor encumbrance, and Tenant shall cause the same agrees to be vacated reimburse Landlord for all costs, legal and cancelled of record within thirty (30) days after the date that Tenant receives notice of such lien. 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, 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 additional rent hereunder on demand, all sums disbursed or deposited by Landlord pursuant to the foregoing provisions of this Paragraph, including Landlord's costs and expenses and attorneys' fees 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. HoweverAll materialmen, nothing contained herein shall imply a consent contractors, artisans, mechanics, laborers and any other persons now or agreement on the part of Landlord or any mortgagee or holder of a deed of trust or any ground or underlying lessors, if any, of the Premises to subject their respective estates or interests to liability under any mechanics' or other lien law, whether or not the performance or hereafter contracted by Tenant for the furnishing of such work, any labor, servicesservices materials, supplies or materials 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 or anyone holding the Premises, or any part thereof, by, through or under Tenant, shall have been consented to by Landlord and/or any of such partiesobtain payment for same.

Appears in 1 contract

Samples: Cadapult Graphic Systems Inc

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