Common use of Discharge of Liens Bonds Clause in Contracts

Discharge of Liens Bonds. (a) Tenant shall not create, suffer or permit to be created or to remain any lien, encumbrance or charge upon the Demised Premises, or any part thereof, or this Lease, and Tenant shall not suffer any other matter or thing whereby the estate, rights or interest of Landlord or Fee Owner in the Demised Premises or any part thereof or in this Lease might be impaired. Tenant shall, to the extent permitted by law, obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Demised Premises are located, for all work, labor and services to be performed and materials to be finished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers that become involved in such work. (b) If any mechanic's, laborer's or materialman's or other lien at any time shall be filed against the Demised Premises or any part thereof, as a result of Tenant's work, Tenant, within thirty (30) days after the filing thereof, shall cause the same to be vacated or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be vacated or discharged within the period aforementioned, and if such lien shall continue for an additional ten (10) days after notice by Landlord to Tenant, then, in addition to any other right or remedy of Landlord hereunder, Landlord may, 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 deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord shall so elect, to compel the prosecution of an action for the foreclosure of such lien by the lien or and to pay the amount of the judgment in favor of the lien or with interest, costs and allowances. Any amount so paid by Landlord, and all costs and expenses, including, but not limited to, attorneys' fees and disbursements, incurred by Landlord in connection therewith, together with interest thereon from the date of Landlords making of the payment or incurring of the costs and expenses shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord within ten (10) days of Landlords demand for such payment.

Discharge of Liens Bonds. (a) SECTION 16.1. Tenant shall not create, suffer create or permit cause to be created or to remain any lien, encumbrance encumbrance, security interest or charge upon the Demised Premisesany property or assets (including, without limitation, any Rental payable hereunder) of Landlord, or any part thereof, or this Lease, and Tenant shall not suffer any other matter or thing whereby upon the estate, rights or interest of Landlord or Fee Owner in the Demised Parcels or the Premises or any part thereof or in or concerning this Lease might be impaired. Tenant shall, to the extent permitted by law, obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Demised Premises are located, for all work, labor and services to be performed and materials to be finished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers that become involved in such workLease. (b) If SECTION 16.2. Subject to Tenant's rights to contest which are expressly set out herein, if at any time any mechanic's, laborer's or materialman's lien created or other lien at caused to be created by Tenant or arising as a result of any time act or omission of, or relating to any contract of Tenant or any Person claiming or acting by, through or under Tenant shall be filed against Landlord's interest in the Demised Parcels or the Premises or any part thereof, as a result or if any public improvement lien created or caused to be created by Tenant shall be filed against any property or assets of Tenant's workLandlord, then Tenant, within thirty twenty (3020) days after actual notice of the filing thereof, or such shorter period as may be required by a Secured Lender, shall cause the same to be vacated or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be vacated or discharged of record within the period aforementioned, and if such lien shall continue for an additional ten (10) days after notice by Landlord to Tenantaforesaid, then, in addition to any other right or remedy of Landlord hereunderremedy, Landlord may, but shall not be obligated to, discharge cause the same either by paying the amount claimed of record to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and discharged as aforesaid in any such event, Landlord shall be entitled, if Landlord shall so elect, to compel the prosecution of an action for the foreclosure of such lien manner permitted by the lien or and to pay the amount of the judgment in favor of the lien or with interest, costs and allowanceslaw. Any amount so paid by Landlord, and including all reasonable costs and expenses, expenses (including, but not limited towithout limitation, reasonable attorneys' fees and disbursements, ) incurred by Landlord in connection therewith, together with interest thereon at the Late Charge Rate from the date respective dates of Landlords Landlord's making of the payment or incurring of the costs and expenses until paid in full, shall constitute Additional Rent additional Rental payable by Tenant under this Lease and shall be paid by Tenant to Landlord within ten on demand. Notwithstanding the foregoing provisions of this SECTION 16.2, Tenant shall not be required to discharge of record any such lien (10i) days which was not created or caused to be created by Tenant (or any Person acting by, through, for or under Tenant) or did not arise as a result of Landlords demand any act or omission of, or relate to any contract of, Tenant (or any Person acting by, through, for or under Tenant), or (ii) during such time as Tenant is in good faith contesting the same (but only as long as neither the Landlord's interest in the Premises nor any part thereof, nor any part of the rents, issues and profits thereof, would, by reason of such postponement or deferment, be, in the reasonable judgment of Landlord, in danger of being forfeited, lost or diminished in value). SECTION 16.3. Except for Restorations or Capital Improvements performed or installed by Tenant as expressly authorized by the provisions of this Lease, nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or services or the furnishing of any materials for any improvement, alteration or repair of any of the Parcels or any part thereof, nor as giving Tenant (or any Person acting by, through, for or under Tenant) any right, power or authority to contract for or permit the rendering of any labor or services or the furnishing of materials that could give rise to the filing of any lien against any of the Parcels or any part thereof or any property or assets (including, without limitation, any Rental payable hereunder) of Landlord. Notice is hereby given that Landlord shall not be liable for any work or services performed or to be performed at or for the benefit of the Parcels or for any materials furnished or to be furnished at or for the benefit of the Parcels for any of the foregoing, and that no mechanic's or other lien for such paymentwork or materials shall attach to or affect the estate or interest of Landlord in and to the Parcels or any part thereof or any property or assets (including, without limitation, any Rental payable hereunder) of Landlord.

Discharge of Liens Bonds. (a) Section 16.01. Subject to the provisions of Section 16.02 hereof, except as otherwise expressly provided herein, Tenant shall not create, suffer create or permit to be created or to remain any lien, encumbrance or charge upon the Demised Premises, Premises or any part thereof, or this Leasethe Project Area or any part thereof, the income therefrom or any assets of, or funds appropriated to, Landlord, and Tenant shall not suffer any other matter or thing whereby the estate, rights or right and interest of Landlord or Fee Owner in the Demised Premises or any part thereof or in this Lease might be impaired. Tenant shall, to the extent permitted by law, obtain may finance (and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Demised Premises are located, for all work, labor and services to be performed and materials to be finished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers that become involved in such workenter into equipment finance leases of) any Equipment. (b) Section 16.02. If any mechanic's, laborer's or materialman's or lien (other than a lien arising out of any work performed by Landlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 16.01 against the Demised Premises or any part thereof or the Project Area or any part thereof, as a result of Tenant's workor, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, Landlord, Tenant, within thirty forty-five (3045) days after receipt of notice of the filing thereof, thereof shall cause the same to be vacated or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be vacated or discharged of record within the period aforementionedaforesaid, and if such lien shall continue for an additional ten (10) days after notice by Landlord to Tenant, then, in addition to any other right or remedy of Landlord hereunderremedy, Landlord may, 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 deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord shall so electelects, to compel the prosecution of an action for the foreclosure of such lien by the lien or lienor and to pay the amount of the judgment in favor of the lien or lienor with interest, costs and allowances. Any amount so paid by Landlord, and including all reasonable costs and expenses, expenses incurred by Landlord in connection therewith including, but not limited towithout limitation, reasonable attorneys' fees and disbursements, incurred by Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the date respective dates of Landlords Landlord's making of the payment or incurring of the costs and expenses expenses, shall constitute Additional Rent payable by Tenant under this Lease Rental and shall be paid by Tenant to Landlord within ten (10) days after demand. Notwithstanding the foregoing provisions of Landlords demand this Section 16.02, Tenant shall not be required to discharge any such lien if Tenant is in good faith contesting the same and has furnished a cash deposit or a security bond or other such security satisfactory to Landlord in an amount sufficient to pay such lien with interest and penalties. Section 16.03. Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of 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 materials that would give rise to the filing of any lien against Landlord's interest in the Premises or any part thereof, the Project Area or any part thereof, or any assets of, or funds appropriated to, Landlord. Notice is hereby given, and Tenant shall cause all Construction Agreements to provide, that Landlord shall not be liable for any work performed or to be performed at the Premises for Tenant or any Subtenant or for any materials furnished or to be furnished at the Premises for any of the foregoing, and that no mechanic's or other lien for such paymentwork or materials shall attach to or affect the estate or interest of Landlord in and to the Premises or any part thereof, the Project Area or any part thereof, or any assets of, or funds appropriated to, Landlord. Section 16.04. Tenant shall have no power to do any act or make any contract which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate or assets of, or funds appropriated to, Landlord or of any interest of Landlord in the Premises.

Discharge of Liens Bonds. (a) Section 9.1 Tenant shall not create, suffer or permit to be created or to remain remain, any lien, encumbrance or charge upon the Demised Premises, or any part thereof, or this Lease, and Tenant shall not suffer any other matter or thing whereby the estate, rights or interest interests of Landlord or Fee Owner in the Demised Premises or any part thereof or in this Lease might be impaired. Tenant shall, to the extent permitted by law, obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Demised Premises are located, for all work, labor and services to be performed and materials to be finished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers that become involved in such work. (b) Section 9.2 If any mechanic's, laborer's or materialman's, real estate broker's, materialmen's or other lien at any time shall be filed or permitted to exist against the Demised Premises or any part thereof, as a result by reason of any work, labor or services performed or materials furnished, or claimed to have been performed or furnished, or any leasing or licensing of space within the Demised Premises, to or on behalf of Tenant or those claiming under Tenant's work, or any subtenant or occupant of the Demised Premises, Tenant, within thirty (30) days after the filing thereof, shall cause the same to be vacated or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such a lien to be vacated or discharged within the period aforementioned, and if such lien shall continue for an additional ten (10) days after notice by Landlord to Tenant, thenLandlord, in addition to any other right or remedy of Landlord hereunder, Landlord may, but shall not be obligated to, discharge the same sum either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord it shall so elect, to compel the prosecution of an action for the foreclosure of such lien by the lien or lienor and to pay the amount of the judgment in favor of the lien or lienor with interest, costs and allowances. Any amount so paid by Landlord, Landlord and all costs and expenses, including, but not limited to, attorneys' fees and disbursements, incurred by Landlord in connection therewith, together with interest thereon at the interest rate provided for in Section 11.2 from the date respective dates of Landlords Landlord's making of the payment or incurring of the costs and expenses expenses, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord within ten (10) days on demand. Section 9.3 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlords demand Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, materialman or real estate broker for the performance of any labor or services or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any labor or services or the furnishing of materials that would give rise to the filing of any lien against the Demised Premises or the estate or interest of Landlord therein. Section 9.4 Nothing contained in this Lease shall grant or be deemed to have granted to Tenant any authority to bind Landlord to any contract or to create any other obligation binding on Landlord regardless of whether such paymentcontract or obligation may be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord in the Demised Premises.

Discharge of Liens Bonds. (a) 16.01 Except for assignments of this Lease and Subleases permitted pursuant to the terms of this Lease, Tenant shall not create, suffer create or permit cause to be created or to remain any lien, encumbrance or charge upon Tenant's leasehold estate in the Demised Premises, Premises or any part thereof, thereof or this Lease, and upon the income therefrom. Tenant shall not suffer create or cause to be created any other matter lien, encumbrance or thing whereby charge upon any assets of Landlord or upon the estate, rights or interest of Landlord or Fee Owner in the Demised Premises or any part thereof thereof. Notwithstanding the foregoing, Tenant shall have the right to grant necessary easements or in this Lease might be impaired. Tenant shallenter into reciprocal easements for the installation, operation and maintenance of underground utility easements to the extent permitted necessary for the use and operation of the Property or the adjacent data center owned by lawTenant, obtain so long as (i) the easements do not materially reduce the value of the Premises, (ii) the location of such easements does not cause any buildings or structures to encroach over the portion of the Premises subject to such easements, (iii) Tenant, at Tenant's sole cost, shall be responsible for the installation, maintenance and deliver to repair of all lines, conduits and other improvements located on or under such easement parcels, and will indemnify and hold harmless Landlord and each Indemnified Party (as hereinafter defined) with respect thereto, (iv) at Landlord's request, written Tenant shall remove all lines, conduits and unconditional waivers of mechanic's liens other improvements located on or under such easement parcels, (v) such easements expressly expire or terminate upon the real property in which the Demised Premises are locatedexpiration or termination of this Lease, for all workand (v) Landlord executes a written consent to such easements, labor and services such consent not to be performed unreasonably withheld, so long as such easements comply with the requirements required in clauses (i), (ii) and materials (iii). Tenant shall also have the right to be finished grant an easement, subject to the requirements set forth in connection the immediately preceding sentence, related to the transformers and grid switching equipment and conduits and lines with respect thereto which, as of the date of this Lease, are wholly or partially located on the Land and which serve the Premises and the adjacent data center, or either of them. Landlord shall join in the grant of any such work, signed by all contractors, subcontractors, materialmen easements and laborers that become involved in any Fee Mortgagee shall subordinate its lien to the lien of any such workeasements. (b) 16.02 If any mechanic'smechanics', laborerlaborers' or materialmen's or materialman's any other lien, charge or other lien encumbrance at any time shall be filed against the Demised Premises or any part thereof, as a result or against any assets of Tenant's workLandlord, then Tenant, within thirty (30) days after actual notice of the filing thereof, or such shorter period as may be required by statute, shall cause the same to be vacated or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be vacated or discharged of record within the period aforementionedaforesaid, and if such lien shall continue for an additional ten (10) days after notice by Landlord to Tenant, then, in addition to any other right or remedy of Landlord hereunderremedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due of record, or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord shall so electelects, to compel the prosecution of an action for the foreclosure of such lien by the lien or lienholder and to pay the amount of the judgment in favor of the lien or lienholder with interest, costs and allowances. Any amount so paid by Landlord, and including all costs and expenses, including, but not limited to, attorneys' fees and disbursements, expenses incurred by Landlord in connection therewith, together with interest thereon at the Late Charge Rate, from the date respective dates of Landlords Landlord's making of the payment or incurring of the costs and expenses expenses, shall constitute Additional Rent Rental payable by Tenant under this Lease and shall be paid by Tenant to Landlord within ten (10) days on demand. Notwithstanding the foregoing provisions of Landlords demand this Section 16.02, Tenant shall not be required to discharge of record any such lien if Tenant is in good faith contesting the same and has furnished a cash deposit, an irrevocable letter of credit or a surety bond or other such security reasonably satisfactory to Landlord in an amount sufficient to pay 150% of such lien along with all interest and penalties thereon. If Tenant qualifies to self-insure pursuant to Section 7.07, and provided that the Tenant under this Lease is the originally-named Tenant, Nordstrom, Inc., a Washington corporation, or its Affiliate, Tenant's agreement to indemnify Landlord, and any title insurance company insuring title to the Premises, against the effect of such lien shall be security satisfactory to Landlord for Tenant's contest of such lien. 16.03 Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of 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 materials that would give rise to the filing of any lien against the Premises or any part thereof or any assets of Landlord. Notice is hereby given, and Tenant shall cause all Construction Agreements to provide that, to the extent enforceable under applicable law, Landlord shall not be liable for any work performed or to be performed at the Premises for Tenant or any Subtenant or for any materials furnished or to be furnished at the Premises for any of the foregoing, and that no mechanics' or other lien for such paymentwork or materials shall attach to or affect the estate or interest of Landlord in and to the Premises or any part thereof, or any assets of Landlord. Before commencing any alterations, additions or improvements using outside contractors having a cost in excess of $250,000, Tenant shall notify Landlord of the expected commencement and completion dates of the work; provide notice of the names and addresses of the contractors; and permit Landlord to post a notice of non-liability, which Tenant shall ensure remains posted during any such construction. 16.04 Tenant shall have no power to do any act or make any contract which may create or be the foundation for any lien, charge, mortgage or other encumbrance upon the estate or assets of Landlord or of any interest of Landlord in the Premises.

Discharge of Liens Bonds. (a) 15.1 Except for any Leasehold Mortgage, Space Leases or assignment of leases and/or rents or any security interests in Equipment collateral to a Leasehold Mortgage, Tenant shall not create, suffer create or permit cause to be created or to remain any lien, encumbrance or charge upon Tenant's leasehold estate in the Demised Premises, Premises or any part thereof, thereof or this Lease, and upon the income therefrom. Tenant shall not suffer create or cause to be created any other matter lien, encumbrance or thing whereby charge upon any assets of Landlord or upon the estate, rights or interest of Landlord or Fee Owner in the Demised Premises or any part thereof or in this Lease might be impaired. Tenant shall, to the extent permitted by law, obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Demised Premises are located, for all work, labor and services to be performed and materials to be finished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers that become involved in such workthereof. (b) 15.2 If any mechanic'smechanics', laborerlaborers' or materialmen's or materialman's any other lien, charge or other lien encumbrance at any time shall be filed against the Demised Premises or any part thereof, as a result or against any assets of Tenant's workLandlord, then Tenant, within thirty (30) 30 days after actual notice of the filing thereof, or such shorter period as may be required by statute or by any Leasehold Mortgagee or Fee Mortgagee, shall cause the same to be vacated or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be vacated or discharged of record within the period aforementionedaforesaid, and if such lien shall continue for an additional ten (10) days after notice by Landlord to Tenant, then, in addition to any other right or remedy of Landlord hereunderremedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due of record, or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord shall so electelects, to compel the prosecution of an action for the foreclosure of such lien by the lien or lienholder and to pay the amount of the judgment in favor of the lien or lienholder with interest, costs and allowances. Any amount so paid by Landlord, and including all costs and expenses, including, but not limited to, attorneys' fees and disbursements, expenses incurred by Landlord in connection therewith, together with interest thereon at the Interest Rate, from the date respective dates of Landlords Landlord's making of the payment or incurring of the costs and expenses expenses, shall constitute Additional Rent Rental payable by Tenant under this Lease and shall be paid by Tenant to Landlord within ten (10) days on demand. Notwithstanding the foregoing provisions of Landlords demand this Section 15.2, Tenant shall not be required to discharge of record any such lien if Tenant is in good faith contesting the same and has furnished a cash deposit, an irrevocable letter of credit or a surety bond or other such security reasonably satisfactory to Landlord in an amount sufficient to pay 150% of such lien along with all interest and penalties thereon. 15.3 Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of 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 materials that would give rise to the filing of any lien against the Premises or any part thereof or any assets of Landlord. Notice is hereby given, and Tenant shall cause all Construction Agreements to provide that, to the extent enforceable under applicable law, Landlord shall not be liable for any work performed or to be performed at the Premises for Tenant or any Space Tenant or for any materials furnished or to be furnished at the Premises for any of the foregoing, and that no mechanics' or other lien for such paymentwork or materials shall attach to or affect the estate or interest of Landlord in and to the Premises or any part thereof, or any assets of Landlord. 15.4 Tenant shall have no power to do any act or make any contract, which may create or be the foundation for any lien, charge, mortgage or other encumbrance upon the estate or assets of Landlord or of any interest of Landlord in the Premises.