Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.
Appears in 7 contracts
Samples: Deed of Lease, Deed of Lease, Deed of Lease
Discharge of Liens. (a) If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Site or any part thereof in connection with the Facilities, the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Site or any part thereof in connection with the Facilities, the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
(b) If the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including non-responsible Party and all reasonable costs and expenses incurred by the FCRHA non-responsible Party in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary RateWall Street Journal Prime Rate of interest published from time to time in the Wall Street Journal, from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional rent payable by the Tenant under this Ground Lease or an offset against Rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 7 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. If 14.1 Lessee will not create or permit to be created or to remain, and Lessee will discharge, any lien, encumbrance or charge levied on account of any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or, except as provided for in Section 11.3 any conditional sale, security agreement or chattel mortgage, or otherwise, which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom or the Personal Property, for work or materials or personal property furnished or supplied to, or claimed to have been supplied to or at the request of Lessee.
14.2 If any part thereofmechanic's, or, if laborer's or materialman's lien caused or charged to Lessee shall at any public improvement lien created or permitted to be created by Tenant shall time be filed against any assets ofthe Demised Premises or Personal Property, Lessee shall have the right to contest such lien or funds appropriated tocharge, the FCRHAprovided, Tenant, Lessee within forty-five thirty (4530) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record or in lieu thereof to secure Lessor against said lien by paymenteither (i) deposit with Lessor of such security as may be reasonably demanded by Lessor to protect against such lien, deposit, bond, order of or (ii) post a court of competent jurisdiction or otherwiserelease bond in form and amount as required by applicable law and as otherwise satisfactory to Lessor. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA or to Tenantotherwise secure Lessor as aforesaid, then, then in addition to any other right or remedy, the FCRHA Lessor may, upon ten (10) days notice, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring processing the discharge of such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses incurred by the FCRHA Lessor in connection therewith, together with interest thereon at a rate which is the Involuntary Rate, from lesser of fifteen percent (15%) per annum or the respective dates of the FCRHA’s making of the payment or incurring of the costs and expensesmaximum rate permitted by law, shall constitute Additional Costs Rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to the FCRHA within ten (10) days after Lessor on demand. Notwithstanding Except as herein provided, nothing contained herein shall in any way empower Lessee to do or suffer any act which can, may or shall cloud or encumber Lessor's or any Mortgagee's interest in the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesDemised Premises.
Appears in 6 contracts
Samples: Lease Agreement (Sun Healthcare Group Inc), Lease Agreement (Sun Healthcare Group Inc), Lease Agreement (Sun Healthcare Group Inc)
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or the Sublessee or against any of the Rental Payments payable under the Company Lease, under this Agreement or under the Sublease Agreement or the interest of the Agency, the Lessee or the Sublessee under the Company Lease, under this Agreement or under the Sublease Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease, if any public improvement lien created in this Agreement or permitted to be created by Tenant shall be filed in the Sublease Agreement, of the Agency, the Lessee or the Sublessee or against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing Rental Payments payable under the Company Lease, under this Agreement or under the Sublease Agreement, (ii) neither the Facility nor any part thereof shall cause the same to or interest therein would be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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 eventdanger of being sold, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment forfeited or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.lost,
Appears in 5 contracts
Samples: Agency Lease Agreement, Agency Lease Agreement, Agency Lease Agreement
Discharge of Liens. (a) If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Project Site or any part thereof in connection with the Facility, the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Project Site or any part thereof in connection with the Facility, the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
(b) If the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including non-responsible Party and all reasonable costs and expenses incurred by the FCRHA non-responsible Party in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary RateWall Street Journal Prime Rate of interest published from time to time in the Wall Street Journal, from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional Rent payable by the Tenant under this Ground Lease or an offset against rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 4 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or the Sublessee or against any of the Rental Payments payable under the Company Lease, under this Agreement or under the Sublease Agreement or the interest of the Agency, the Lessee or the Sublessee under the Company Lease, under this Agreement or under the Sublease Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease, in this Agreement or in the Sublease Agreement, of the Agency, the Lessee or the Sublessee or against any of the Rental Payments payable under the Company Lease, under this Agreement or under the Sublease Agreement, (ii) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (iii) neither the Lessee nor the Sublessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (iv) the Lessee or the Sublessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 4 contracts
Samples: Agency Lease Agreement, Agency Lease Agreement, Agency Lease Agreement
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be is filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall will be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) 45 days after notice of the filing thereof shall will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall will fail to cause such lien to be discharged of record within the period aforesaid45-day period, and if such lien shall continue continues for an additional ten (10) days Business Days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA Landlord may, but shall is not be obligated to, discharge the same lien 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, the FCRHA shall Landlord will be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHAXxxxxxxx, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall will constitute Additional Costs and shall will be paid by Tenant to the FCRHA Landlord within ten (10) days Business Days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall will not be required to discharge (and the FCRHA shall Landlord will not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 4 contracts
Samples: Deed of Lease, Deed of Lease, Deed of Lease
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including, without limitation, any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency or the Lessee or the Sublessee or against any of the Rental Payments payable under this Agreement or under the Sublease Agreement or the interest of the Agency or the Lessee or the Sublessee under this Agreement or the Sublease Agreement, other than Liens for Impositions (as defined in Section 4.4 hereof) not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 6.5(b) hereof, the Lessee forthwith upon receipt of 30-days advance written notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (1) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in this Agreement or the Sublease Agreement, of the Agency or the Lessee or the Sublessee or against any of the Rental Payments payable under this Agreement or the Sublease Agreement, (2) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (3) neither the Lessee nor the Sublessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (4) the Lessee or the Sublessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.Agency..
Appears in 4 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including, without limitation, any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency or the Lessee or the Sublessee or against any of the Rental Payments payable under this Agreement or under the Sublease Agreement or the interest of the Agency or the Lessee or the Sublessee under this Agreement or the Sublease Agreement, other than Liens for Impositions (as defined in Section 4.4 hereof) not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 6.5(b) hereof, the Lessee forthwith upon receipt of 30-days advance written notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (1) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in this Agreement or the Sublease Agreement, of the Agency or the Lessee or the Sublessee or against any of the Rental Payments payable under this Agreement or the Sublease Agreement, (2) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (3) neither the Lessee nor the Sublessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (4) the Lessee or the Sublessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Discharge of Liens. If any mechanic’smechanics, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 16.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHALandlord, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA Landlord within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.0216.02, Tenant shall not be required to discharge (and the FCRHA Landlord shall not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease
Discharge of Liens. If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Project Site or any part thereof in connection with the Facility, the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Project Site or any part thereof in connection with the Facility, the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including non-responsible Party and all reasonable costs and expenses incurred by the FCRHA non-responsible Party in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary RateWall Street Journal Prime Rate of interest published from time to time in the Wall Street Journal, from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional rent payable by the Tenant under this Ground Lease or an offset against Rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 2 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including, without limitation, any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency or the Lessee or the Sublessee or against any of the Rental Payments payable under this Agreement or under the Sublease Agreement or the interest of the Agency or the Lessee or the Sublessee under this Agreement or the Sublease Agreement, other than Liens for Impositions (as defined in Section 4.4 hereof) not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 6.5(b) hereof, the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at his own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (1) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in this Agreement or the Sublease Agreement, of the Agency or the Lessee or the Sublessee or against any of the Rental Payments payable under this Agreement or the Sublease Agreement, (2) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (3) neither the Lessee nor the Sublessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (4) the Lessee or the Sublessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.Agency..
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency or the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement or the interest of the Agency or the Lessee under the Company Lease or under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, if any public improvement lien created of the Agency or permitted to be created by Tenant shall be filed the Lessee or against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause Rental Payments payable under the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction Company Lease or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of under this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.Agreement,
Appears in 2 contracts
Samples: Agency Lease Agreement, Agency Lease Agreement
Discharge of Liens. (a) If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Site or any part thereof in connection with the Facilities, the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Site or any part thereof in connection with the Facilities, the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
(b) If the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs non-responsible Party and expenses incurred by the FCRHA in connection therewith, together with interest thereon at judicial rate of interest under the Involuntary Rate, Applicable Laws of the State of Louisiana from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional rent payable by the Tenant under this Ground Lease or an offset against Rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 2 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid45-day period, and if such lien shall continue continues for an additional ten (10) days Business Days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA Landlord may, but shall is not be obligated to, discharge the same lien 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHALandlord, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA Landlord within ten (10) days Business Days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA Landlord shall not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.penalties.
Appears in 2 contracts
Samples: Deed of Lease, Comprehensive Agreement
Discharge of Liens. Section 7.01 Except as otherwise expressly provided to the contrary, Tenant will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge levied on account of any mechanic’s, laborer’s or materialman’s lien or any mortgage, conditional sale, title retention agreement or chattel mortgage, or otherwise, upon the Building or Demised Premises or any part thereof or the income therefrom, having any priority or preference over or ranking on a parity with the estate, rights and interest of Landlord in the Demised Premises or any part thereof or the income therefrom, and Tenant will not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Demised Premises or any part thereof might be impaired.
Section 7.02 If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Building or Demised Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five thirty (4530) days after the notice of the filing thereof thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If , and Tenant shall fail indemnify and save harmless the Landlord from any loss, claim or damage, including reasonable attorney’s fees, resulting therefrom or by reason thereof.
Section 7.03 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 cause such lien any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to be discharged or repair of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, thenBuilding or Demised Premises or any part thereof, in addition order to any other right or remedy, establish a valid mechanic’s lien against the FCRHA may, but shall not be obligated to, discharge the same either Landlord 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesreason thereof.
Appears in 2 contracts
Samples: Commercial Lease (Warp Technology Holdings Inc), Commercial Lease (Halo Technology Holdings, Inc.)
Discharge of Liens. (a) Tenant shall not create or permit to be created or to remain, and shall discharge, any lien, encumbrance or charge levied on account of any mechanic’s, laborer’s or materialmen’s lien, or any mortgage, conditional xxxx of sale, title retention agreement, chattel mortgage or security agreement, or otherwise, resulting from any contract or commitment made by Tenant, which might or does constitute a lien, encumbrance or charge upon the Leased Premises, the Common Area or the Property, or the income therefrom, having a priority or preference over or ranking on a party with the estate, right or interest of Landlord in the Leased Premises, or any part thereof, or the income therefrom, and Tenant will not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Leased Premises or any part thereof or the income therefrom might be impaired; provided that any such lien, encumbrance or charge may, after the same becomes a lien on the Property, be paid or discharged in accordance with the provisions of paragraph (b) of this section.
(b) If any mechanic’s, laborer’s or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Leased Premises or the Property, or any part thereof due to acts or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHAomissions of Tenant, Tenant, within forty-five ten (4510) days after notice of the filing thereof thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If In the event of default by Tenant shall fail to cause such lien to be discharged of record within the period aforesaidunder this Lease, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedy, the FCRHA 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor lienor, with interest, interest costs and allowances. In any event if any suit, action or proceedings shall be brought to foreclosure or enforce such lien (whether or not the prosecution thereof was so compelled by Landlord), Tenant shall, at its sole cost and expense, promptly pay, satisfy and discharge any final judgment entered therein, in default of which Landlord, at its option may do so. Any amount and all amounts so paid by the FCRHALandlord as in this section provided, including and all reasonable costs and expenses paid or incurred by the FCRHA Landlord in connection therewithwith any or all of the foregoing matters, including, but not limited to, reasonable counsel fees, together with interest thereon at the Involuntary Rate, maximum rate permitted by applicable law from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expensessuch payments, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of Landlord on demand as additional rent under this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLease.
Appears in 2 contracts
Samples: Lease Agreement (Commerce Union Bancshares, Inc.), Lease Agreement (Commerce Union Bancshares, Inc.)
Discharge of Liens. If (a) If, during the term of this Ground Lease, any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Site or any part thereof in connection with the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, xxxx, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Site or any part thereof in connection with the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. .
(b) If Tenant the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including non-responsible Party and all reasonable costs and expenses incurred by the FCRHA non-responsible Party in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary RateWall Street Journal Prime Rate of interest published from time to time in the Wall Street Journal, from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional Rent payable by the Tenant under this Ground Lease or an offset against Rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 2 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. (a) If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Site or any part thereof in connection with the Facility, the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Site or any part thereof in connection with the Facility, the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
(b) If the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including non-responsible Party and all reasonable costs and expenses incurred by the FCRHA non-responsible Party in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary RateWall Street Journal Prime Rate of interest published from time to time in the Wall Street Journal, from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional Rent payable by the Tenant under this Ground Lease or an offset against Rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 2 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. (a) If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Project Site or any part thereof in connection with the Facility, the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Project Site or any part thereof in connection with the Facility, the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
(b) If the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including non-responsible Party and all reasonable costs and expenses incurred by the FCRHA non-responsible Party in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary RateWall Street Journal Prime Rate of interest published from time to time in the Wall Street Journal, from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional rent payable by the Tenant under this Ground Lease or an offset against Rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 2 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s lien (other than a lien arising out charge is filed or asserted, or any judgment, decree, order, levy or process of any work performed by the FCRHA) at court or governmental body is entered, made or issued or any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called "Liens"), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or the Trustee or against any of the rentals or other amounts payable under this Agreement or the interest of the Lessee under this Agreement other than Liens for Impositions (as defined in Section 4.4) not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 6.7(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and the Trustee and take all reasonable action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency's interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency and the Trustee), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (1) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Lease Agreement, of the Agency, the Lessee or the Trustee or against any of the rentals or other amounts payable under this Agreement, (2) neither the Facility nor any interest therein would be in any danger of being sold, forfeited or lost, (3) neither the Lessee, the Agency nor the Trustee would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (4) the Lessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted as may be reasonably requested by the Trustee to protect the security intended to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice offered by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesIndenture.
Appears in 2 contracts
Samples: Lease Agreement (Keyspan Corp), Lease Agreement (Keyspan Corp)
Discharge of Liens. (a) If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Site or any part thereof in connection with the Facilities, the Improvements or the Project or any part thereofLandlord’s Improvements due to activities of the Landlord, or, if any public improvement lien created or permitted to be created by Tenant the Landlord shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, responsible Party and shall within forty-five thirty (4530) days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If any mechanics’, laborers’, or materialmen’s lien shall at any time be filed against the Site or any part thereof in connection with the Facilities, the Improvements or the Landlord’s Improvements due to activities of the Tenant, the Tenant shall be the responsible Party and shall within thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise.
(b) If the responsible Party does not contest such Lien and shall fail to cause such lien Lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedyremedy of the non-responsible Party hereunder, the FCRHA non-responsible Party 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 Lien by deposit or by bonding proceedings, and in any such event, . The non-responsible Party shall give the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount responsible Party written notice of the judgment in favor of the lienor with interest, costs and allowancesintent to do so at least ten (10) days prior to taking such action. Any amount so paid by the FCRHA, including non-responsible Party and all reasonable costs and expenses incurred by the FCRHA non-responsible Party in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary RateWall Street Journal Prime Rate of interest published from time to time in the Wall Street Journal, from the respective dates of the FCRHAnon-responsible Party’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs either additional rent payable by the Tenant under this Ground Lease or an offset against Rent payable by the Tenant under this Ground Lease, and shall be either (as applicable) paid by the Tenant to the FCRHA Landlord within ten fifteen (1015) days of written demand therefor or offset against any Rent due after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory notice to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLandlord.
Appears in 2 contracts
Samples: Ground Lease Agreement (Venture Global, Inc.), Ground Lease Agreement (Venture Global, Inc.)
Discharge of Liens. If any mechanic’smechanics, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 16.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHAXxxxxxxx, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA Landlord within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.0216.02, Tenant shall not be required to discharge (and the FCRHA Landlord shall not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (for the performance of any labor or services or the furnishing of materials), other than a lien arising out Permitted Encumbrance, or any judgment, decree, order, levy or process of any work performed by the FCRHA) at court or governmental body is entered, made or issued or any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility Realty or any part thereof or the Project interest therein of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease and under this Agreement or the interest of the Agency or the Lessee under the Company Lease or under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility Realty.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility Realty or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, of the Agency or the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement, (ii) neither the Facility Realty nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (iii) neither the Lessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (iv) the Lessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 2 contracts
Samples: Agency Lease Agreement, Agency Lease Agreement
Discharge of Liens. If 13.1 Tenant shall neither create nor permit to be created or to remain (a) any mechanic’slien, laborer’s encumbrance or materialman’s lien other charge on the Office Building Project or any portion thereof, or (b) any other than a lien arising out matter or thing which impairs Landlord's interests in the Office Building Project or any part thereof or in the income therefrom. Tenant shall, within twenty (20) days after Notice of any such lien, encumbrance, charge, matter or thing, cause the same to be fully removed, discharged and remedied. Tenant shall cause to be promptly and fully paid all work performed by at, and all materials, supplies and equipment delivered to, the FCRHA) at Premises for or on behalf of Tenant or any time other Tenant Party. If a dispute arises between Tenant and one of its contractors or materialmen, Tenant shall make satisfactory arrangements to prevent the filing of any lien in connection therewith.
13.2 Nothing contained in this Lease shall be filed construed as constituting the consent (express or implied) of Landlord to any contractor, subcontractor, laborer or materialman for the performance of any labor in violation or on, the furnishing of any materials to, the obligations making of Tenant pursuant to Section 15.01 against any specific repair, replacement, improvement, addition, removal and/or alteration to, or the repair of the Premises or any part thereof 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 that would give rise to the filing of any lien against the Office Building Project or any part thereof, or, if ; nor as authorizing the Premises or Office Building Project or any public improvement lien created part thereof or permitted any interest therein to be created by charged with any mechanic's, materialman's or other lien or encumbrance whatsoever.
13.3 Notice is hereby given, and Tenant shall cause all construction contracts to which it is a party to so provide, that (a) Landlord shall not be filed against liable for any assets oflabor, materials or services furnished, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA furnished to Tenant, then(b) all contractors, in addition to materialmen, suppliers and vendors performing any other right or remedy, the FCRHA 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 work and/or delivering any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant materials to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions Premises for or on behalf of this Section 15.02, Tenant shall not be required look to discharge Landlord, the Office Building Project or any of Landlord's other assets for payment therefor, and (and the FCRHA shall not pay c) no mechanic's, materialmen's or discharge) other lien for any such lien if Tenant is labor, materials or services shall attach to or affect the rights or interests of Landlord in good faith contesting this Lease or to any interest in the same and has furnished a cash deposit Office Building Project or a security bond any part thereof or other such security reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.any rentals therefrom. ETelecare Global Solutions 7/01/05
Appears in 1 contract
Samples: Office Building Lease (eTelecare Global Solutions, Inc.)
Discharge of Liens. If 14.1 Subject to the provisions of Article 14.2 hereof, Lessee will not create or permit to be created or to remain, and Lessee will promptly discharge, any lien, encumbrance or charge levied on account of any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or any conditional sale, security agreement or chattel mortgage, or otherwise, which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom or the Personal Property, for work or materials or personal property furnished or supplied to, or claimed to have been supplied to or at the request of Lessee.
14.2 If any part thereofmechanic's, or, if laborer's or materialman's lien caused or charged to Lessee shall at any public improvement lien created or permitted to be created by Tenant shall time be filed against the Demised Premises or Personal Property, subject to the terms of any assets ofmortgage affecting the Leased Property, Lessee shall have the right to contest such lien or funds appropriated tocharge, the FCRHA, Tenantprovided, within forty-five sixty (4560) days after notice of the filing thereof shall thereof, Lessee will cause the same to be discharged of record or in lieu thereof, prior to the expiration of said 60 day period, Lessee shall secure Lessor against said lien by payment, deposit, bond, order of a court of competent jurisdiction or otherwisedepositing with Lessor such security as may be reasonably demanded by Lessor. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA or to Tenantotherwise secure Lessor as aforesaid, then, then in addition to any other right or remedy, the FCRHA Lessor may, upon ten (10) days notice in writing by Lessor to Lessee, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring processing the discharge of such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses incurred by the FCRHA Lessor in connection therewith, including its reasonable attorney's fees, together with interest thereon at the Involuntary Raterate of fifteen percent (15%) per annum, from the respective dates but not in excess of the FCRHA’s making of the payment or incurring of the costs and expensesmaximum amount permitted by law, shall constitute Additional Costs additional rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to the FCRHA within ten (10) days after Lessor on demand. Notwithstanding Except as herein provided, nothing contained herein shall in any way empower Lessee to do or suffer any act which can, may or shall cloud or encumber Lessor's or mortgagee's interest in the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesDemised Premises.
Appears in 1 contract
Samples: Lease Agreement (LTC Healthcare Inc)
Discharge of Liens. If (a) The Company shall pay or cause to be satisfied and discharged or make adequate provision to satisfy and discharge, within 60 days after the same shall accrue, any mechanic’slien or charge upon the payments under Section 4.03(a), laborer’s and all lawful claims or materialman’s lien (demands for labor, materials, supplies or other than charges which, if unpaid might be or become a lien arising out thereon; provided, that, if the Company shall first notify the Trustee of its intention so to do, the Company may in good faith and with due diligence contest any such lien or charge or claims or demands in appropriate legal proceedings, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom, unless the Trustee shall notify the Company in writing that, in the opinion of Counsel acceptable to the Trustee, by nonpayment of any work performed such item the lien of the Indenture as to the Trust Estate shall be materially endangered, in which event the Company shall promptly secure a bond for or pay and cause to be satisfied and discharged all such unpaid items. The Issuer and the Trustee shall cooperate fully with the Company in any such contest at the Company's sole cost and expense.
(b) The Company agrees to pay (to the extent moneys therefor are not then available from the Proceeds of the Bonds) or cause to be paid when due, all sums of moneys that may lawfully become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment alleged to have been furnished or to be furnished to, or for the Company in, upon or about the Project Facilities. The Company agrees that, if a mechanic's lien is filed upon the Project Facilities or the leasehold or against the Construction Fund or any Receipts and Revenues, the Company shall protect and save harmless the Issuer against any loss, liability or expense whatsoever by reason thereof. Upon receipt of notice thereof by the FCRHA) at Issuer, the Issuer will promptly provide notice to the Company as to the existence of any time shall be filed in violation such mechanic's lien on the Project Facilities or against the Construction Fund or any Receipts and Revenues, but the failure of the obligations Issuer to provide such notice will not affect the responsibilities of Tenant pursuant to Section 15.01 the Company as set forth in this subsection (b).
(c) The Company may, however, in good faith and with due diligence, contest any mechanics' or other liens filed or established against all or any portion of the Project Facilities or against the Premises Construction Fund or any Receipts and Revenues or the leasehold, or contest any rule, law, regulation or other governmental requirement even though such contest may result in the imposition of a lien or charge against all or any portion of the Project Facilities or against the Construction Fund or any Receipts and Revenues or the leasehold, and in such event may permit the items so contested and such lien or charge to remain undischarged and unsatisfied during the period of such contest and appeal therefrom, (i) if the Company shall effectively prevent or stay the execution, foreclosure or enforcement of such lien or charge, and (ii) if and so long as such contest or appeal shall prevent or stay the execution or enforcement or foreclosure of such lien or charge; provided, however, that if such lien or charge is so stayed and such stay thereafter expires or the Company is notified by the Issuer that by non-payment of any such items the Project Facilities or any part thereof or the Project Construction Fund or any part thereofReceipts and Revenues will be subject to loss or forfeiture, or, if any public improvement lien created or permitted then the 38 Company shall forthwith pay and cause to be created satisfied and discharged such lien or charge or comply with such governmental requirement or secure such payment by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be discharged of record by payment, deposit, posting a bond, order of a court of competent jurisdiction or otherwisein form satisfactory to the Issuer, as the case may be. If Tenant shall fail to cause such lien to be discharged of record within The Issuer will cooperate fully with the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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 Company in any such eventcontest, at the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor cost and to pay the amount expense of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesCompany.
Appears in 1 contract
Discharge of Liens. (a) Subject to the provisions of the last sentence of Paragraph (b) of this Section 16.1, neither the Developer nor the Agency nor the City shall create or permit to be created or allow to continue any lien, encumbrance or charge upon the Building Site or any part thereof, nor suffer any other matter or thing whereby the estate, right and interest of the Developer or the Agency, as the case may be, in the Building Site or any part thereof might be impaired.
(b) If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) at any time shall be filed in violation of the obligations obligation of Tenant the Developer or the Agency, as the case may be, pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereofParagraph (a) hereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, then within forty-five ninety (4590) days after notice of the filing thereof thereof, that party shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant such party shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten thirty (1030) days after notice by the FCRHA Developer or the Agency, as the case may be, to Tenantthe party so failing, then, in addition to any other right or remedy, the FCRHA party giving such notice 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, the FCRHA Developer or the Agency, as the case may be, shall be entitled, if the FCRHA such party so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs cost and allowances. Any amount so paid by the FCRHADeveloper or the Agency, as the case may be, including all reasonable costs and expenses incurred by the FCRHA it in connection therewith, including reasonable attorneys' fees, together with interest thereon at the Involuntary Ratemaximum legal rate permitted by State law, from the respective dates of the FCRHA’s making of the such payment or incurring of the such costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demanddemand by the party that was responsible for causing the lien to be discharged but failed to do so. Notwithstanding the foregoing provisions of this Section 15.02Paragraph (b), Tenant neither the Developer nor the Agency shall not be required to discharge (and the FCRHA shall not pay or discharge) any such lien if Tenant it is in good faith contesting the same and has furnished a cash deposit or a security surety bond or other such security reasonably satisfactory to the FCRHA other in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Land Disposition and Development Agreement (Homes for America Holdings Inc)
Discharge of Liens. If Except as set forth on Schedule 7.12 attached hereto, on or before the Closing Date, Sellers will take such action as may be necessary to discharge any mechanic’s, laborer’s lien or materialman’s lien (other monetary Encumbrance other than Permitted Encumbrances. In addition, Sellers shall use commercially reasonable efforts to obtain, as soon as practicable following the Closing Date, releases (hereinafter the “Compensation Continuation Releases”) from each of the individuals identified in Schedule 7.12 with respect to any claims they may have against Buyer or the Assets under the Compensation Continuation Agreements listed in Schedule 7.12 attached hereto (such agreements being hereinafter individually a lien arising out “Compensation Continuation Agreement” and collectively the “Compensation Continuation Agreements”), including, but not limited to, waivers and releases of any work performed lien they may have against the Assets under the provisions of the Compensation Continuation Agreements. To the extent that Sellers are unable to obtain such Compensation Continuation Releases, Sellers will, before the last day of the seven hundred thirty (730) day period beginning on the first day immediately following the Closing Date (such day being the “Final Distribution Date”), with respect to each such individual either:
(a) pay off any remaining obligations to each such individual under such individual’s Compensation Continuation Agreement; or (b) purchase annuities from an insurance company which will provide for payment to each individual from whom a Compensation Continuation Release has not been obtained, of the amount required to be paid to such individual pursuant to the terms of such individual’s Compensation Continuation Agreement (which payments shall be made at the time and in the amounts required by the FCRHA) at any time shall individual’s Compensation Continuation Agreement); provided, that the Sellers’ arrangement for the purchase of annuities must be filed acceptable to Buyer, in violation Buyer’s discretion, and such arrangement may, among other things, include a pledge of the annuities to Buyer to ensure that they will be utilized to pay the remaining obligations of Tenant pursuant Sellers under the Compensation Continuation Agreements. If Sellers have not, with respect to Section 15.01 against any such individual, either: (x) obtained a Compensation Continuation Release; or (y) satisfied the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice requirements of the filing thereof shall cause immediately preceding sentence (hereinafter the same requirement to be discharged of record by paymentdo either (x) or (y) is referred to as the “CCA Requirements”), deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA may, but Sellers hereby agree that they shall not be obligated toentitled to receive any distribution from the Escrow Agent to the extent that, discharge following such distribution, the same either by paying Escrow Amount would be less than the aggregate amount claimed payable (including all amounts payable in the future) under the Compensation Continuation Agreements in effect for each individual for whom, at the time of any such distribution to be due or by procuring Sellers, the discharge CCA Requirements have not been satisfied. In addition, Sellers hereby agree that if on the Final Distribution Date, the CCA Requirements have not been satisfied with respect to any of the individuals identified in Schedule 7.12 attached hereto, the Sellers shall direct the Sellers’ Representative to deliver written instructions to the Escrow Agent directing the Escrow Agent to deliver to the Buyer, the aggregate amount payable (including all amounts payable in the future) under the Compensation Continuation Agreements for those individuals for whom the CCA Requirements have not been satisfied as of such lien by deposit date (such amount being hereinafter the “Aggregate Amount”), or by bonding proceedings, and in any such eventif less, the FCRHA Escrow Amount then being held by the Escrow Agent. Finally, on the Final Distribution Date, the Sellers shall be entitledpay to the Buyer in one lump sum payment, the amount, if any, by which the FCRHA so elects, to compel Aggregate Amount exceeds the prosecution of an action for the foreclosure of such lien Escrow Amount held by the lienor and Escrow Agent immediately prior to pay the amount distribution by the Escrow Agent of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesEscrow Amount.
Appears in 1 contract
Samples: Asset Purchase Agreement (Gibraltar Industries, Inc.)
Discharge of Liens. If SECTION 10.01. Sublessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any Imposition or any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or any mortgage, conditional sale, title retention agreement or chattel mortgage or otherwise) which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom, having any priority or preference over or ranking on a parity with the estate, rights and interest of Sublessor in the Demised Premises, or any part thereof or the income therefrom, and Sublessee will not suffer any other matter or thing whereby the estate, rights and interest of Sublessor in the Demised Premises or any part thereof might be impaired; provided that any Imposition may, after the same becomes a lien on the Demised Premises, be paid or contested in accordance with Article 3 hereof, and any mechanic's, laborer's or materialman's lien may be discharged in accordance with Section 10.02 hereof. CON 5024 PAGE 564
SECTION 10.02. If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Demised Premises or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantSublessee, within forty-five (45) 30 days after notice of the filing thereof shall thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Sublessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA Sublessor 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, the FCRHA event Sublessor shall be entitled, if the FCRHA Sublessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Sublessor and all reasonable costs and expenses incurred by the FCRHA Sublessor in connection therewith, together with interest thereon at the Involuntary Rate, rate of 6% per annum from the respective dates of the FCRHA’s Sublessor's making of the payment or incurring of the costs cost and expenses, expense shall constitute Additional Costs additional rent payable by Sublessee under this lease and shall be paid by Tenant Sublessee to Sublessor on demand.
SECTION 10.03. Nothing in this lease contained shall be deemed or constructed in any way as constituting the consent or request of Sublessor, 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 Demised Premises or any part thereof, nor as giving Sublessee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the FCRHA within ten (10) days after demandfiling of any lien against the Demised Premises or any part thereof. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.CON 5024 PAGE 565
Appears in 1 contract
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (for the performance of any labor or services or the furnishing of materials), other than a lien arising out Permitted Encumbrance, or any judgment, decree, order, levy or process of any work performed by the FCRHA) at court or governmental body is entered, made or issued or any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or NYCEDC against any of the Rental Payments payable under the Company Lease or under this Agreement or the interest of the Agency, the Lessee or NYCEDC under the Company Lease or under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, of the Agency, the Lessee or NYCEDC or against any of the Rental Payments payable under the Company Lease or under this Agreement, (ii) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (iii) neither the Lessee nor NYCEDC nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (iv) the Lessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. If 14.1 Subject to the provisions of Article 14.2 hereof, Lessee will not create or permit to be created or to remain, and Lessee will discharge, any lien, encumbrance or charge levied on account of any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or any conditional sale, security agreement or chattel mortgage, or otherwise, which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom or the Personal Property, for work or materials or personal property furnished or supplied to, or claimed to have been supplied to or at the request of Lessee.
14.2 If any part thereofmechanic's, or, if laborer's or materialman's lien caused or charged to Lessee shall at any public improvement lien created or permitted to be created by Tenant shall time be filed against any assets ofthe Demised Premises or Personal Property, Lessee shall have the right to contest such lien or funds appropriated tocharge, the FCRHAprovided, Tenant, Lessee within forty-five sixty (4560) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record or in lieu thereof to secure Lessor against said lien by payment, deposit, bond, order deposit with Lessor of a court of competent jurisdiction or otherwisesuch security as may be reasonably demanded by Lessor to protect against such lien. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA or to Tenantotherwise secure Lessor as aforesaid, then, then in addition to any other right or remedy, the FCRHA Lessor may, upon ten (10) days notice in writing by Lessor to Lessee, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring processing the discharge of such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses incurred by the FCRHA Lessor in connection therewith, together with interest thereon at the Involuntary Raterate of fifteen percent (15%) per annum, from the respective dates but not in excess of the FCRHA’s making of the payment or incurring of the costs and expensesmaximum amount permitted by law, shall constitute Additional Costs additional rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to the FCRHA within ten (10) days after Lessor on demand. Notwithstanding Except as herein provided, nothing contained herein shall in any way empower Lessee to do or suffer any act which can, may or shall cloud or encumber Lessor's or mortgagee's interest in the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesDemised Premises.
Appears in 1 contract
Samples: Lease Agreement (LTC Healthcare Inc)
Discharge of Liens. 10.1 Except as provided in ARTICLE 18, Lessee shall not create or permit to be created any lien, encumbrance or charge upon the Property or any part thereof, and Lessee shall not suffer any other matter or thing whereby the estate, rights and/or interest of Lessee and/or Lessor (or any part thereof) in the Property or any part thereof might be encumbered by any such lien, encumbrance or charge.
10.2 If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project Property or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantLessee, within forty-five twenty (4520) days after receipt of notice of the filing thereof shall thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy Lessor may have hereunder or at law or equity, the FCRHA Lessor 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, the FCRHA Lessor shall be entitled, if the FCRHA Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses expenses, including, without limitation, reasonable attorneys’ fees and disbursements, incurred by the FCRHA Lessor in connection therewithwith the discharge of the lien and/or the prosecution of such action, together with interest Interest thereon at the Involuntary Rate, from the respective dates of the FCRHALessor’s making of the payment or incurring of the costs cost and expenses, expense to the date Lessee reimburses Lessor for such amount shall constitute Additional Costs Rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to Lessor immediately upon Lessee’s receipt of demand therefor in writing.
10.3 Nothing in this Lease contained shall be deemed or construed in any way as constituting the FCRHA within ten (10) days after demand. Notwithstanding consent or request of Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the foregoing provisions performance of this Section 15.02any labor or the furnishing of any materials for any specific improvement, Tenant shall not be required alteration to discharge (and or repair of the FCRHA shall not pay Property or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiespart thereof.
Appears in 1 contract
Discharge of Liens. If Section 10.01: Tenant and Landlord shall not suffer or permit any mechanic’s's, laborer’s 's or materialman’s lien (other than a lien arising out ' s liens to stand against the Demised Premises, or arty part thereof, or against the interest of Tenant or Landlord in the Demised Premises by reason of any work performed by work, labor, services or materials done for, or supplied to, or claimed to have been done for, or supplied to, Tenant, Landlord or anyone holding the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof through or under Tenant or Landlord. If any such lien shall at any time be filed against the Project Demised Premises or any part thereof, oror against the interest of Tenant or Landlord therein, if any public improvement lien created Tenant or permitted to be created by Tenant shall be filed against any assets ofLandlord, or funds appropriated toas the ease may be, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien name to be discharged of record within thirty (30).days after the period aforesaid.date of the filing of the same or the date Tenant or Landlord has actual notice of same, and if (whichever is later) by either deposit or bond. If Tenant or Landlord shall fail to discharge any such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenantwithin such period, then, in addition to any other right or remedyremedy of Tenant or Landlord, the FCRHA Tenant or Landlord may, as the case may be, but shall shaI1 not be obligated to, procure the discharge of the same either by paying bonding. Any amount paid or deposited by Landlord or Tenant for may of the amount claimed to be due aforesaid purposes, and all costs and other expenses of Landlord or by Tenant, including reasonable counsel fees, in defending may such action or in or about procuring the discharge of such lien by deposit or by bonding proceedingslien, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA necessary disbursements in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid payable as Additional Rent or credited against the installment of base rent, as the case may be, on the next succeeding rent payment date.
Section 10.02: Nothing in this Lease shall be deemed to be, or shall be construed in any way as constituting the consent or request of Landlord, expressed or implied, by Tenant inference or otherwise, to any person, firm or corporation for the performance of any labor the furnishing of any materials for may construction, rebuilding, alteration or repair of or to the FCRHA within ten (10) days after demandDemised 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 fight to file any lien against Landlord's interest in the Demised Premises. Notwithstanding Landlord shall have the foregoing provisions of this Section 15.02, Tenant right to post and keep posted at all reasonable times on the Demised Premises any notices which Landlord shall not be required so to discharge (post for the protection of Landlord and the FCRHA shall not pay or discharge) Demised Premises from 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltieslien.
Appears in 1 contract
Samples: Lease (Greenfield Online Inc)
Discharge of Liens. (a) If Tenant fails to cause any mechanic’s's, laborer’s 's, vendor's, materialman's or materialman’s similar statutory lien (other than a lien arising out of any work performed by including tax liens, providing the FCRHA) at any time shall be filed in violation of the obligations underlying tax is an obligation of Tenant pursuant to Section 15.01 against the Premises by law or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45a provision of this Lease) days after notice of the filing thereof shall cause the same to be discharged of record by paymentin accordance with the provisions of Article 17, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA Owner may, but shall not be obligated to, discharge the same such lien of record either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. If Owner's title is threatened or a material interest of Owner is impaired, and in any such event, the FCRHA shall be entitledOwner may also, if the FCRHA Tenant has not done so elects(or bonded such lien), to compel the prosecution of an action for the foreclosure of such lien by the lienor and the payment of the amount of the judgment in favor of the lienor with interest, costs and allowances.
(b) If Owner fails to pay cause any mechanic's, laborer's, vendor's, materialman's or similar statutory lien (including tax liens, providing the underlying tax is an obligation of Owner by law or by a provision ofthis Lease) to be discharged of record in accordance with the provisions of Article 17, Tenant may, but shall not be obligated to, discharge such lien of record either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. If Tenant's leasehold interest in the Premises (or any portion thereof) is threatened or a material interest of Tenant is impaired, Tenant may also, if Owner has not done so (or bonded such lien), compel the prosecution of an action for the foreclosure of such lien by the lienor and the payment of the amount of the judgment in favor of the lienor with interest, costs and allowances. 80 F:\MlNSKERIC.M.BIP ARKONEIPOGROUNDLEASE.EXEC 12-I.DOC ~tf: 1893m~2508 Section 24.3 Reimbursement for Amounts Paid Pursuant to this Article.
(a) Any amount so paid by the FCRHAOwner in performing Tenant's obligations as provided in this Article 24, including all reasonable costs and expenses incurred by the FCRHA Owner in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs Rental hereunder and shall be reimbursed to Owner within thirty (30) days of Owner's demand, together with a late charge on amounts actually paid by Owner, calculated at the Late Charge Rate from the date of notice of any such payment by Owner to the date on which payment of such amounts is received by Owner.
(b) Any amount paid by Tenant in performing Owner's obligations as provided in this Article 24, including all costs and expenses incurred by Tenant in connection therewith, shall be reimbursed to Tenant within thirty (30) days of Tenant's demand, together with a late charge on amounts actually paid by Tenant, calculated at the Late Charge Rate from the date of notice of any such payment by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions date on which payment of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or discharge) any such lien if Tenant amounts is in good faith contesting the same and has furnished a cash deposit or a security bond or other such security reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesreceived by Tenant.
Appears in 1 contract
Samples: Lease Agreement
Discharge of Liens. If 14.1 Lessee will not create or permit to be created or to remain, and Lessee will discharge, any lien, encumbrance or charge levied on account of any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or, except as provided for in Section 11.3 any conditional sale, security agreement or chattel mortgage, or otherwise, which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom or the Personal Property, for work or materials or personal property furnished or supplied to, or claimed to have been supplied to or at the request of Lessee.
14.2 If any part thereofmechanic's, or, if laborer's or materialman's lien caused or charged to Lessee shall at any public improvement lien created or permitted to be created by Tenant shall time be filed against any assets ofthe Demised Premises or Personal Property, Lessee shall have the right to contest such lien or funds appropriated tocharge, the FCRHAprovided, Tenant, Lessee within forty-five thirty (4530) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record or in lieu thereof to secure Lessor against said lien by payment, deposit, bond, order deposit with Lessor of a court of competent jurisdiction or otherwisesuch security as may be reasonably demanded by Lessor to protect against such lien. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA or to Tenantotherwise secure Lessor as aforesaid, then, then in addition to any other right or remedy, the FCRHA Lessor may, upon ten (10) days notice, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring processing the discharge of such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses incurred by the FCRHA Lessor in connection therewith, together with interest thereon at a rate which is the Involuntary Rate, from lesser of fifteen percent (15%) per annum or the respective dates of the FCRHA’s making of the payment or incurring of the costs and expensesmaximum rate permitted by law, shall constitute Additional Costs Rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to the FCRHA within ten (10) days after Lessor on demand. Notwithstanding Except as herein provided, nothing contained herein shall in any way empower Lessee to do or suffer any act which can, may or shall cloud or encumber Lessor's or any Facility Mortgagee's interest in the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesDemised Premises.
Appears in 1 contract
Discharge of Liens. If any mechanic’sSubject to the tenant's rights under the Tenant Lease, laborer’s Mortgagor shall pay, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would result in or materialman’s lien (other than permit the creation of a lien arising out of any work performed by on the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project Mortgaged Property or any part thereof, oror on the revenues, rents, royalties, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the first lien of the Mortgage shall be fully preserved at the sole cost and expense of Mortgagor and without expense to Mortgagee. Subject to the tenant's rights under the Tenant Lease, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets ofsuch liens are filed, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall Mortgagor will cause the same to be permanently discharged of record by paymentpayment or otherwise, depositunless Mortgagor shall in good faith and at its own expense, be contesting such lien or liens or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection thereof or other realization thereon or the sale or forfeiture of the Mortgaged Property or any part thereof to satisfy the same; provided that during such contest Mortgagor shall provide either (a) an indemnity bond, order title insurance or other security reasonably satisfactory to Mortgagee to cover the amount of a court the contested item or items and the amount of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the interest and penalties covering the period aforesaid, and if through which such lien shall continue for an additional ten (10) days after notice by the FCRHA proceedings may be expected to Tenant, then, in addition to any other right or remedy, the FCRHA 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 proceedingslast, and in any event assuring the discharge of Mortgagor's obligation under this Section 4.6 and of any additional charge, penalty or expense arising from or incurred as a result of such eventcontest; and if Mortgagor shall have posted a bond as security against payment of any such lien, the FCRHA interest, penalties and other charges related thereto, Mortgagee shall be entitlednamed as an additional obligee under the bond; or (b) title insurance specifically insuring the priority of the lien of this Mortgage over such lien (but such title insurance shall be sufficient only during the period of such contest). Except as provided above, if Mortgagor will not directly or indirectly create, incur or suffer to exist any lien on the FCRHA so electsMortgaged Property or any part thereof (including without limitation any lien securing the repayment of a loan made to Mortgagor by any partner(s), shareholder(s), officer(s), director(s) or trustee(s) of Mortgagor), whether or not junior to compel the prosecution lien of an action this Mortgage, other than the Permitted Exceptions, such other documents as may be executed as further security for the foreclosure of such lien by the lienor and to pay the amount of the judgment Note or in favor of the lienor with interestMortgagee, costs and allowances. Any amount so paid such other matters (if any) as may be expressly permitted by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not any Loan Document or as may be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesapproved by Mortgagee.
Appears in 1 contract
Samples: Leasehold Mortgage and Security Agreement (Sepracor Inc /De/)
Discharge of Liens. SECTION 10.01. Lessee shall promptly discharge any lien, encumbrance or charge (levied on account of any Imposition or any mechanic’s, laborer’s or materialman’s lien or any mortgage, conditional sale, title retention agreement or chattel mortgage, or otherwise) which might be or become a lien, encumbrance or charge upon the Demised Premises or any part thereof or the income therefrom, having any priority or preference over or ranking on a parity with the estate, rights and interest of Lessor in the Demised Premises or any part thereof or the income therefrom (except any mortgage lien created on the fee by Lessor), and Lessee shall not suffer any other matter or thing whereby the estate, rights and interest of Lessor in the Demised Premises or any part thereof or the income therefrom might be impaired; provided that any Imposition may, after the same becomes a lien on the Demised Premises, be paid or contested in accordance with Article 3 of this Lease and any mechanic’s, laborer’s or materialman’s lien may be discharged in accordance with Section 10.02 of this Article 10.
SECTION 10.02. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantLessee, within forty-five thirty (4530) days after notice of the filing thereof thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien to be he discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy of Lessor, the FCRHA Lessor 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, the FCRHA event Lessor shall be entitled, if the FCRHA Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any Lessee agrees to reimburse and to pay to the Lessor on demand any amount so paid by the FCRHALessor and all costs and expenses, including all reasonable costs and expenses attorney’s fees, incurred by the FCRHA Lessor in connection therewith, together with interest thereon at the Involuntary Rate, rate of six per centum (6%) per annum from the respective dates of the FCRHA’s making of any such payments.
SECTION 10.03. Nothing in this Lease contained shall be deemed or construed in any way as constituting the payment consent or incurring request of Lessor, expressed or implied, by inference or otherwise, to any contractor, sub-contractor, 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 costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay Demised Premises or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiespart thereof.
Appears in 1 contract
Discharge of Liens. 6.5.1 If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Reserved Landlord Estate, the fee underlying the Demised Premises or the Existing Ground Lease Properties, any lands subject to the easement granted to Tenant, or any part thereof as the result of (i) Tenant’s failure to pay costs, charges, assessments, expenses or other consideration due and payable in connection with utility services provided to or consumed at the Demised Premises or the Project Existing Ground Lease Properties or (ii) any Tenant Work, Alteration by, or other action of, Tenant or any part thereofof Tenant’s subtenants, orlicensees, if contractors, subcontractors or other Person acting on behalf of any public improvement lien created of the foregoing, unless relating to work being performed on behalf of Landlord or permitted for which Landlord is liable and for which Landlord has not made timely payment to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, Tenant shall, in those circumstances, and subject to its right to contest the same in accordance with the provisions of Section 6.5.3 hereof, within forty-five ninety (4590) days after receipt of written notice of the filing thereof shall thereof, cause the same to be discharged of record by payment, deposit, bond, order record. If the lienor of any such lien shall commence an action for the foreclosure of such lien and shall have obtained a judgment with respect thereto from a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenantjurisdiction, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord with all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, Default Rate from the respective dates of the FCRHA’s making of Landlord giving notice that it has made the payment or of the incurring of the costs and expenses, shall constitute Additional Costs Charges payable by Tenant under this Lease and shall be paid by Tenant to Landlord within thirty (30) days after demand together with supporting documentation.
6.5.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the FCRHA 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 Reserved Landlord Estate or the Existing Ground Lease Properties 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 Reserved Landlord Estate, the fee underlying the Demised Premises or the Existing Ground Lease Properties, any lands subject to the easement granted to Tenant, or any part thereof. Notice is hereby given that Landlord shall not be liable for any work performed or to be performed at the Resort Property for Tenant, or for any materials furnished or to be furnished at the Resort Property for Tenant, except with respect to work performed by or on behalf of Landlord, and that no mechanic’s or other lien for such work or materials shall attach to or affect the Reserved Landlord Estate, the fee underlying the Demised Premises or the Resort Property or any lands subject to the easement granted to Tenant, except to the extent any such work is being performed on behalf of Landlord and Landlord has not timely paid for such work.
6.5.3 Tenant, after notice thereof to Landlord, shall have the right to contest, by appropriate proceedings prosecuted diligently and in good faith, the validity or applicability of any mechanic’s, laborer’s materialman’s or other lien or encumbrance filed against the Resort Property or Landlord’s fee interest in the real property constituting part of the Demised Premises (to the extent arising from Tenant’s acts or Tenant Work) and may defer payment of the same during the pendency of such contest, provided that (i) neither the Resort Property, Landlord’s fee interest in the real property constituting part of the Demised Premises, nor any part thereof would by reason of such postponement or deferment be in imminent danger of being forfeited or lost; (ii) neither Landlord nor any Landlord Party or Permitted Landlord Mortgagee would be, by reason of such postponement or deferment, subject to any criminal sanctions or penalties or personal liability (except to the extent such lien related to work performed by or on behalf of Landlord for which Landlord is liable); and (iii) Tenant, upon request, shall keep Landlord advised as to the status of any such contest. Upon the final non-appealable judgment relating to such contested lien, Tenant shall promptly comply with the result of such contest, and pay any and all interest, penalties, fines, fees and expenses which shall be assessed or payable by reason of such deferral of compliance.
6.5.4 If any mechanic’s, laborer’s or materialman’s lien shall at any time be filed against the Resort Property or Landlord’s fee interest in the real property constituting part of the Demised Premises or any part thereof as the result of any Landlord Work or other action of Landlord or any of Landlord’s subtenants, licensees, contractors, subcontractors or other Person acting on behalf of any of the foregoing, unless relating to work being performed on behalf of Tenant for which Tenant is liable, Landlord shall, subject to its right to contest the same in accordance with the provisions of Section 6.5.6 hereof, within ten thirty (1030) days after notice of the filing thereof, cause the same to be discharged of record. If the lienor of any such lien shall commence an action for the foreclosure of such lien and shall have obtained a judgment with respect thereto from a court of competent jurisdiction, then, in addition to any other right or remedy, Tenant 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 Tenant shall be entitled, if Tenant so elects, to pay the amount of judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Tenant with all costs and expenses incurred by Tenant in connection therewith, together with interest thereon at the Default Rate from the respective dates of Tenant giving notice that it has made the payment or of the incurring of the costs and expenses, may be withheld by Tenant from the Rent payable hereunder if such amounts are not paid by Landlord to Tenant within thirty (30) days after demand.
6.5.5 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Tenant, 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 Resort Property or any part thereof, nor as giving Landlord 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 Resort Property or any part thereof. Notwithstanding the foregoing provisions of this Section 15.02, Notice is hereby given that Tenant shall not be required liable for any work performed or to discharge (be performed on the Reserved Landlord Estate, or any other property owned by Landlord, or on the Resort Property for Landlord, or for any materials furnished or to be furnished to the Reserved Landlord Estate, any other property owned by Landlord, or to the Resort Property for Landlord, and that no mechanic’s or other lien for such work or materials shall attach to or affect the FCRHA Resort Property, except to the extent any such work is being performed on behalf of Tenant.
6.5.6 Landlord, after notice thereof to Tenant, shall not pay have the right to contest, by appropriate proceedings prosecuted diligently and in good faith, the validity or discharge) applicability of any mechanic’s, laborer’s, materialman’s or other lien or encumbrance filed against the Reserved Landlord Estate or, to the extent any such lien if or encumbrance could affect Landlord’s fee interest in the real property that is part of the Demised Property, the Resort Property and may defer payment of same during the pendency of such contest, provided that (i) neither the Resort Property nor any part thereof would by reason of such postponement or deferment be in imminent danger of being forfeited or lost; (ii) neither Tenant nor any Tenant Party would be, by reason of such postponement or deferment, subject to any criminal sanctions or penalties or personal liability (except to the extent such lien related to work performed by or on behalf of Tenant for which Tenant is in good faith contesting the same liable); and has furnished a cash deposit or a security bond or other such security reasonably satisfactory (iii) Landlord, upon request, shall keep Tenant advised as to the FCRHA in an amount sufficient status of any such contest. Upon the final non-appealable judgment relating to such contested lien, Landlord shall promptly comply with the result of such contest, and pay any and all interest, penalties, fines, fees and expenses which shall be assessed or payable by reason of such lien with interest and penaltiesdeferral of compliance.
Appears in 1 contract
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by Section 14.01. In the FCRHA) at any time shall be filed in violation of event that the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or Tenant's leasehold interest therein shall, at any time during the Project Term, become subject to any vendor's, mechanic's, laborer's, materialman's or any part thereofother lien, orencumbrance or charge because of the negligence of or action or nonaction of Tenant or its representatives, if any public improvement lien created or permitted Tenant shall cause the same, at its sole cost and expense, to be created discharged, by Tenant shall be filed against any assets ofpayment, bonding, deposit or funds appropriated to, the FCRHA, Tenantotherwise, within forty-five thirty (4530) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demandthereof. Notwithstanding the foregoing provisions of this Section 15.0214.01, Tenant shall will not be required to discharge (and any mechanic's, laborer's or materialmen's lien which does not encumber Landlord's interest in the FCRHA shall not pay or discharge) any such lien Demised Premises if Tenant is in good faith contesting the same and has furnished a cash deposit or a security bond or other such security reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Section 14.02. Nothing contained in this Lease 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 work, labor or services or the furnishing of any materials for any mechanic's, laborer's, materialman's or other lien, encumbrance or charge against 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 services or the furnishing of materials that would give rise to the filing of any lien against the Demised Premises or any part thereof. Notice is hereby given, and Tenant will cause all agreements it enters into for construction to provide, that Landlord will not be liable for any work performed or to be performed at the Demised Premises for Tenant or any subtenant or for any materials furnished or to be furnished at the Demised Premises for any of the foregoing, and that no mechanic's or other lien for such work or materials will attach to or affect the estate or interest of Landlord in and to the Demised Premises or any part thereof. Landlord shall have the right at all reasonable times to post and keep posted on the Demised Premises any notices that may be provided by law which Landlord may deem necessary for the protection of Landlord and the Demised Premises from such liens.
Section 14.03. Tenant has and will 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 Landlord or of any interest of it in the Premises, notwithstanding anything herein to the contrary. Tenant shall strictly comply with the provisions of Chapter 713, Florida Statutes, and shall give each contractor performing work or providing materials or equipment to the Demised Premises with the notices hereof.
Appears in 1 contract
Discharge of Liens. If (a) The Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII relating to permitted contests, Lessee shall not directly or indirectly create or allow to remain, and shall promptly (and in any mechanic’s, laborer’s or materialman’s lien event within sixty (other than a lien arising out of any work performed by the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (4560) days after notice of thereof is received by the filing thereof shall Lessee from any Person) discharge (or cause the same to be discharged of record insured or otherwise bonded over) at its sole cost and expense, any Lien, Xxx Research Corporation Amended and Restated Master Lease defect, attachment, levy, title retention agreement or claim upon any Property or any Lien, attachment, levy or claim with respect to any amounts held by paymentthe Lessor or the Administrative Agent pursuant to this Master Lease as collateral security for the Lessee's obligations or pending performance by the Lessee, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaidother than (i) Permitted Property Liens, and if such lien shall continue for an additional ten (10ii) days after notice Liens on machinery, equipment, inventory, general intangibles and other personal property not financed by the FCRHA proceeds of the Loans or Lessor Amounts.
(b) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor, the Administrative Agent or any Lender, expressed or implied, to Tenantor for the performance by any contractor, thenmechanic, in addition laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any other right Property or remedyany part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR NOR THE ADMINISTRATIVE AGENT NOR ANY LENDER IS OR SHALL BE LIABLE FOR ANY LABOR, the FCRHA maySERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, but shall not be obligated toOR TO ANYONE HOLDING ANY PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, 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 proceedingsAND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, and in any such eventSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesTHE ADMINISTRATIVE AGENT OR ANY LENDER IN AND TO ANY PROPERTY.
Appears in 1 contract
Discharge of Liens. If any mechanic’sSubject to the tenant's rights under the Tenant Lease, laborer’s Mortgagor shall pay, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would result in or materialman’s lien (other than permit the creation of a lien arising out of any work performed by on the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project Mortgaged Property or any part thereof, oror on the revenues, rents, royalties, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the first lien of the Second Mortgage shall be fully preserved at the sole cost and expense of Mortgagor and without expense to Mortgagee. Subject to the tenant's rights under the Tenant Lease, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets ofsuch liens are filed, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall Mortgagor will cause the same to be permanently discharged of record by paymentpayment or otherwise, depositunless Mortgagor shall in good faith and at its own expense, be contesting such lien or liens or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection thereof or other realization thereon or the sale or forfeiture of the Mortgaged Property or any part thereof to satisfy the same; provided that during such contest Mortgagor shall provide either (a) an indemnity bond, order title insurance or other security reasonably satisfactory to Mortgagee to cover the amount of a court the contested item or items and the amount of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the interest and penalties covering the period aforesaid, and if through which such lien shall continue for an additional ten (10) days after notice by the FCRHA proceedings may be expected to Tenant, then, in addition to any other right or remedy, the FCRHA 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 proceedingslast, and in any event assuring the discharge of Mortgagor's obligation under this Section 4.6 and of any additional charge, penalty or expense arising from or incurred as a result of such eventcontest; and if Mortgagor shall have posted a bond as security against payment of any such lien, the FCRHA interest, penalties and other charges related thereto, Mortgagee shall be entitlednamed as an additional obligee under the bond; or (b) title insurance specifically insuring the priority of the lien of this Second Mortgage over such lien (but such title insurance shall be sufficient only during the period of such contest). Except as provided above, if Mortgagor will not directly or indirectly create, incur or suffer to exist any lien on the FCRHA so electsMortgaged Property or any part thereof (including without limitation any lien securing the repayment of a loan made to Mortgagor by any partner(s), shareholder(s), officer(s), director(s) or trustee(s) of Mortgagor), whether or not junior to compel the prosecution lien of an action this Second Mortgage, other than the Permitted Exceptions, such other documents as may be executed as further security for the foreclosure of such lien by the lienor and to pay the amount of the judgment Note or in favor of the lienor with interestMortgagee, costs and allowances. Any amount so paid such other matters (if any) as may be expressly permitted by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not any Loan Document or as may be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesapproved by Mortgagee.
Appears in 1 contract
Samples: Leasehold Mortgage and Security Agreement (Sepracor Inc /De/)
Discharge of Liens. If 14.1 Lessee will not create or permit to be created or to remain, and Lessee will discharge, any lien, encumbrance or charge levied on account of any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or, except as provided for in Section 11.3 any conditional sale, security agreement or chattel mortgage, or otherwise, which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom or the Personal Property, for work or materials or personal property furnished or supplied to, or claimed to have been supplied to or at the request of Lessee.
14.2 If any part thereofmechanic's, or, if laborer's or materialman's lien caused or charged to Lessee shall at any public improvement lien created or permitted to be created by Tenant shall time be filed against any assets ofthe Demised Premises or Personal Property, Lessee shall have the right to contest such lien or funds appropriated tocharge, the FCRHAprovided, Tenant, Lessee within forty-five thirty (4530) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record or in lieu thereof to secure Lessor against said lien by payment, deposit, bond, order deposit with Lessor of a court of competent jurisdiction or otherwisesuch security as may be reasonably demanded by Lessor to protect against such lien. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA or to Tenantotherwise secure Lessor as aforesaid, then, then in addition to any other right or remedy, the FCRHA Lessor may, upon ten (10) days notice, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring processing the discharge of such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses incurred by the FCRHA Lessor in connection therewith, together with interest thereon at a rate which is the Involuntary Rate, from lesser of fifteen percent (15%) per annum or the respective dates of the FCRHA’s making of the payment or incurring of the costs and expensesmaximum rate permitted by law, shall constitute Additional Costs Rent payable by Lessee under this Sub-Sublease and shall be paid by Tenant Lessee to the FCRHA within ten (10) days after Lessor on demand. Notwithstanding Except as herein provided, nothing contained herein shall in any way empower Lessee to do or suffer any act which can, may or shall cloud or encumber Lessor's, the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and landlords under the FCRHA shall not pay Underlying Leases or discharge) any such lien if Tenant is Mortgagee's interest in good faith contesting the same and has furnished a cash deposit or a security bond or other such security reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesDemised Premises.
Appears in 1 contract
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement or the interest of the Agency or the Lessee under the Company Lease or under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, if any public improvement lien created of the Agency or permitted to be created by Tenant shall be filed the Lessee or against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause Rental Payments payable under the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction Company Lease or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of under this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.Agreement,
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 16.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHALandlord, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA Landlord within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.0216.02, Tenant shall not be required to discharge (and the FCRHA Landlord shall not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Ground Lease
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHAXxxxxxxx, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA Landlord within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA Landlord shall not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Deed of Lease
Discharge of Liens. Section 10.01. Lessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any Imposition or any mechanic’s, laborer’s or materialman’s lien or any mortgage, conditional sale, title retention agreement or chattel mortgage, or otherwise) which might be or become a lien, encumbrance or charge upon the Property or any part thereof or the income therefrom, having any priority or preference over or ranking on a parity with the estate, rights and interest of Lessor in the Property or any part thereof or the income therefrom, and Lessee will not suffer any other matter or thing whereby the estate, rights and interest of Lessor in the Property or any part thereof might be impaired; provided that any Imposition may, after the same becomes a lien on the Property, be paid or contested in accordance with Article 3 hereof and any mechanic’s, laborer’s or materialman’s lien may be discharged in accordance with Section 10.02 hereof and provided further that nothing in this Section contained shall prohibit the creation of any Leasehold Mortgage as and to the extent permitted by Article 18 hereof.
Section 10.02. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project Property or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantLessee, within forty-five Thirty (4530) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA Lessor 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, the FCRHA event Lessor shall be entitled, if the FCRHA Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses incurred by the FCRHA Lessor in connection therewith, together with interest thereon at the Involuntary Rate, rate of six per centum (6%) per annum from the respective dates of the FCRHALessor’s making of the payment or incurring of the costs cost and expenses, expense shall constitute Additional Costs additional rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to Lessor on demand.
Section 10.03. Nothing in this Lease contained shall be deemed or construed in any way as constituting the FCRHA within ten (10) days after demand. Notwithstanding consent or request of Lessor, express or implied by inference or otherwise, to any contractor, sub-contractor, laborer or materialman for the foregoing provisions performance of this Section 15.02any labor or the furnishing of any materials for any specific improvement, Tenant shall not be required alteration to discharge (and or repair of the FCRHA shall not pay Property or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiespart thereof.
Appears in 1 contract
Samples: Lease (Empire State Realty OP, L.P.)
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease, under this Agreement or the interest of the Agency or the Lessee under the Company Lease, under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease, if any public improvement lien created in this Agreement, of the Agency or permitted to be created by Tenant shall be filed the Lessee or against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing Rental Payments payable under the Company Lease, under this Agreement, (ii) neither the Facility nor any part thereof shall cause the same to or interest therein would be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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 eventdanger of being sold, forfeited or lost, (iii) neither the FCRHA shall Lessee nor the Agency would be entitledin any danger of any civil or any criminal liability, if the FCRHA so elects, to compel the prosecution other than normal accrual of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection for failure to comply therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.and
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (for the performance of any labor or services or the furnishing of materials), other than a lien arising out Permitted Encumbrance, or any judgment, decree, order, levy or process of any work performed by the FCRHA) at court or governmental body is entered, made or issued or any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease and under this Agreement or the interest of the Agency, the Lessee under the Company Lease and under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement, (ii) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (iii) neither the Lessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (iv) the Lessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. If any mechanic’smechanics’, laborer’s laborers’, or materialmanmaterialmen’s lien (other than a lien arising out of any work performed by the FCRHADistrict-Created Lien) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises District’s interest in the Project Site or any part thereof or in connection with the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated tothe Tenant’s activities thereon, the FCRHA, Tenant, within forty-five (45) 30 days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Tenant does not contest such lien and shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy of the District hereunder, the FCRHA District 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, event the FCRHA District shall be entitled, if the FCRHA District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor lien holder with interest, costs attorneys’ fees, costs, and allowances. Any amount so paid by the FCRHA, including District and all reasonable costs and expenses incurred by the FCRHA District in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the Involuntary prime rate of interest quoted from time to time by Bank of America, New York, as Bank of America’s Prime Rate, from the respective dates of the FCRHADistrict’s making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the FCRHA District within ten fifteen (1015) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltieswritten demand therefor.
Appears in 1 contract
Discharge of Liens. 12.1. Master Tenant covenants and agrees that Master Tenant shall not create or permit to be created or to remain, and shall discharge, any lien, encumbrance or charge which might be or become a lien, encumbrance or charge upon the Project or any part thereof or the income therefrom, and Master Tenant shall not suffer any other imposition whereby the estate, right and interest of Master Tenant in the Project or any part thereof might be impaired, provided that any Impositions may, after the same become a lien on the Project, be paid or contested in accordance with Section 5, and any mechanic’s, laborer’s or materialman’s lien may be discharged in accordance with Section 12.2.
12.2. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Master Tenant, within forty-five thirty (4530) days after notice of the filing thereof thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Master Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy available to Landlord hereunder, the FCRHA at law or in equity and including those set forth in Section 20, 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord and all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, including, without limitation, amounts paid in good faith settlement of such lien and attorneys’ fees and expenses, together with interest thereon at the Involuntary Rate, Default Rate from the respective dates of the FCRHALandlord’s making of the payment or incurring the cost and expense to the date Landlord is in actual receipt of the costs and expensessuch amount from Master Tenant, shall constitute Additional Costs additional Rent payable by Master Tenant under this Agreement and shall be paid by Master Tenant to the FCRHA within ten (10) days after Landlord on demand. Notwithstanding In the foregoing provisions event that any mechanic’s, laborer’s or materialmen’s lien cured by Master Tenant relates to any Landlord Capital Improvement expense that is the responsibility of this Section 15.02Landlord, Master Tenant shall not be required to discharge reimbursed therefor in the manner described in Section 6. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO MASTER TENANT, OR TO ANYONE HOLDING AN INTEREST IN THE PROJECT (and the FCRHA shall not pay or dischargeOR ANY PART THEREOF) 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesTHROUGH OR UNDER MASTER TENANT, AND THAT NO MECHANIC’S OR OTHER LIENS OR ANY SUCH LABOR, SERVICE OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PROJECT.
Appears in 1 contract
Samples: Master Lease Agreement (Jones Lang LaSalle Income Property Trust, Inc.)
Discharge of Liens. (a) Tenant shall not create or permit to be created or to remain, and shall discharge, any lien, encumbrance or charge which might be or become a lien, encumbrance or charge upon the Premises or any part thereof, other than (i) liens for Impositions so long as the same are not yet payable without the addition of any fine, penalty or interest, or (ii) liens resulting from Landlord's acts not consented to in writing or requested in writing by Tenant or wrongful omissions of Landlord after the Commencement Date.
(b) Subject to Article 18 hereof, Tenant shall not suffer any matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired.
Section 16.02. If any mechanic’slien, laborer’s encumbrance or materialman’s lien charge included in paragraph (other than a lien a) of Section 16.01 or arising out of any work performed by the FCRHAunder Section 9.03(3) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five sixty (4560) days after notice of the filing thereof thereof, shall cause the same to be discharged of record by payment, deposit, bond, order payment or posting of a court of competent jurisdiction or otherwisebond. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and or has failed to diligently commence a cure if same cannot be reasonably removed within such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenanttime period, then, then in addition to any other right or remedy, the FCRHA 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord and all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid additional rent payable by Tenant under this Lease payable by Tenant to the FCRHA within ten Landlord thirty (1030) days after demand.
Section 16.03. Notwithstanding Nothing in this Lease contained shall be deemed or construed in any way as constituting the foregoing provisions consent or request of this Section 15.02Landlord, express or implied by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of labor or 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 any materials that would give rise to the filing of any lien against Landlord's interest in the Premises or any part thereof. Notice is hereby given that Landlord shall not be required liable for any work performed or to discharge (be performed at the Premises for Tenant or any Subtenant, or any materials furnished or to be furnished at the Premises for Tenant or any Subtenant, upon credit, and the FCRHA shall not pay or discharge) any such lien if Tenant is in good faith contesting the same and has furnished a cash deposit or a security bond that no mechanic's or other lien for such security reasonably satisfactory work or materials shall attach to or affect the estate or interest of Landlord in and to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesPremises.
Appears in 1 contract
Samples: Lease Agreement (Dionics Inc)
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease, under this Agreement or under the Sublease Agreement or the interest of the Agency, the Lessee under the Company Lease, under this Agreement or under the Sublease Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease, in this Agreement or in the Sublease Agreement, of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease, under this Agreement or under the Sublease Agreement, (ii) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (iii) neither the Lessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (iv) the Lessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. If SECTION 10.01. Sub-subtenant will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any Imposition or any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or any mortgage, conditional sale, title retention agreement or chattel morgage or otherwise) which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom, having any priority or preference over or ranking on a parity with the estate, rights and interest of Sub-sublandlord in the Demised Premises or any part thereof or the income therefrom, nor shall Sub-subtenant create any mortgage, lien, encumbrance or charge upon its leasehold estate in the Demised Premises except in accordance with the requirements of Sections 18.02, 18.10 and 18.15 hereof, and Sub-subtenant will not suffer any other matter or thing whereby the estate, rights and interest of Sub-sublandlord in the Demised Premises or any part thereof might be impaired; provided that any Imposition may, after the same becomes a lien on the Demised Premises, be paid or contested in accordance with Article 3 hereof, and any mechanic's, laborer's or materialman's lien may be discharged in accordance with Section 10.02 hereof.
SECTION 10.02. If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Demised Premises or any part thereof, orwhether for labor or materials furnished prior or subsequent to the date of this lease, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantSub-subtenant, within forty-five (45) twenty days after notice of the filing thereof shall thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Sub-subtenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA Sub-sublandlord 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, the FCRHA event Sub-sublandlord shall be entitled, if the FCRHA Sub-sublandlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Sub-sublandlord and all reasonable costs and expenses incurred by the FCRHA Sub-sublandlord in connection therewith, together with interest thereon at the Involuntary Rate, rate of 6% per annum from the respective dates of the FCRHA’s Sub-sublandlord's making of the payment or incurring of the costs cost and expenses, expense shall constitute Additional Costs additional rent payable by Sub-subtenant under this lease and shall be paid by Tenant Sub-subtenant to Sub-sublandlord on demand.
SECTION 10.03. Nothing in this lease contained shall be deemed or construed in any way as constituting the consent or request of Sub-sublandlord, 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 Demised Premises or any part thereof, nor as giving Sub-subtenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the FCRHA within ten (10) days after demand. Notwithstanding filing of any lien against the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay Demised Premises or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiespart thereof.
Appears in 1 contract
Discharge of Liens. If Section 9.1 LESSEE will not create or permit to be created or to remain and will discharge any lien, encumbrance or charge (levied on account of any Imposition or any mechanic’s's, laborer’s 's or materialman’s lien (other than 's lien) which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of Demised Premises, including the obligations of Tenant pursuant to Section 15.01 against the Premises building thereon or any part thereof or the Project income therefrom, having any priority or preference over or ranking on a parity with the estate, rights and interest of LESSOR in the same or any part thereof or the income therefrom, and LESSEE will not suffer to do any other matter or thing whereby the estate, rights and interests of LESSOR in the Demised Premises and the building in which the Demised Premises are located, or any part thereof might be impaired; provided that any Imposition may, after the same becomes a lien, be paid or contested in accordance with Article 3 hereof, and any mechanic's, laborer's or materialman's lien may be discharged in accordance with Section 9.3 hereof.
Section 9.2 In the event that LESSEE chooses to remodel or make any changes to the interior or exterior of the building located and situated at or upon the Demised Premises, or otherwise construct improvements thereupon the LESSEE shall furnish at its sole cost and expense a Payment Bond if required by law in order to exempt the Demised Premises from being encumbered or attached by mechanics' lien. This Payment Bond shall be in at least the amount of the original contract price before commencing the construction of the improvement under the direct contract between the LESSEE and its general contractor. Should LESSEE cause change orders to be made to said general contract, then the amount of the Payment Bond shall be increased accordingly before the "change order" construction commences. The Payment Bond shall be executed as surety by a surety insurer authorized to do business within the State of Alabama and shall be conditioned that the LESSEE and contractor shall promptly make payments for labor, services and material to all lienors under the contractor's direct contract.
Section 9.3 If any mechanic's, laborer's or materialman's lien for which LESSEE is responsible shall at any time be filed against the Demised premises, or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantLESSEE, within forty-five (45) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record or cancelled by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant LESSEE shall fail to cause such lien to be so discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition addition, to any other right or remedy, the FCRHA LESSOR 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including LESSOR and all reasonable costs and expenses incurred by the FCRHA LESSOR in connection therewith, together with interest thereon at the Involuntary Rate, rate of fifteen (15%) percent per annum from the respective dates of the FCRHA’s LESSOR'S making of the payment or incurring of the costs cost and expenses, expense shall constitute Additional Costs additional rent payable by LESSEE under this Lease and shall be paid by Tenant LESSEE to LESSOR on demand.
Section 9.4 Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of LESSOR, express or implied, by reference 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 Demised Premises and, buildings thereon or any part thereof, nor as giving LESSEE any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the FCRHA within ten (10) days after demandfiling of any lien against the LESSOR'S right, title and interest in and to the Demised Premises and the improvements thereon or any part thereof. Notwithstanding Nothing in this Section shall be deemed or construed in any way as prohibiting LESSEE from making those repairs, alterations or improvements that it may be required to make under the foregoing provisions of this Section 15.02, Tenant shall not Lease and to hire such persons on its own behalf as may be required necessary to discharge (and the FCRHA shall not pay or discharge) any perform 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltieswork.
Appears in 1 contract
Samples: Lease (Peaches Entertainment Corp)
Discharge of Liens. (a) If any mechanic’s's, laborer’s 's, vendor's, materialman's or materialman’s similar statutory lien (other than a lien arising out of any work performed by including tax liens, provided the FCRHA) at any time shall be filed in violation of the obligations underlying tax is an obligation of Tenant pursuant to Section 15.01 by law or by a provision of this Lease) is filed against the Premises or any part thereof or the Project or any part thereof, or, or if any public improvement lien created created, or permitted caused or suffered to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHATenant or Owner, TenantTenant shall, within forty-five thirty (4530) days after Tenant receives notice of the filing thereof shall of such mechanic's, laborer's, vendor's, materialman's or similar statutory lien or public improvement lien, cause the same it to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If However, Tenant shall fail not be required to discharge any such lien if Tenant shall have (a) furnished Owner with, at Tenant's option, a cash deposit, bond, letter of credit from an Institutional Lender (in form reasonably satisfactory to Owner) or other security (such as a personal guaranty or title company indemnity) reasonably satisfactory to Owner, in an amount sufficient to pay the lien with interest and penalties and (b) brought an appropriate proceeding to discharge such lien and is prosecuting such proceeding with diligence and continuity; except that if, despite Tenant's efforts to seek discharge of the lien, Owner reasonably believes that a court judgment or order foreclosing such lien is about to be entered or granted and so notifies Tenant, Tenant shall, within ten (10) days after notice to such effect from Owner (but not later than three (3) business days prior to the entry or granting of such judgment or order of foreclosure), cause such lien to be discharged of record or Owner may thereafter discharge the lien in accordance with Section 24.2 and look to the security furnished by Tenant for reimbursement of its cost in so doing. Notwithstanding anything to the contrary contained in this Section 17.2(a), in the case of a public improvement lien which provides for installment payments as a means of satisfying such lien, Tenant shall be required only to pay, on a timely basis, all installments when due.
(b) Notwithstanding anything to the contrary contained in Section 17.2, if any mechanic's, laborer's, vendor's, materialman's or similar statutory lien (including tax liens, provided the underlying tax is an obligation of Owner by law or by a provision of this Lease) is filed against the Premises or any part thereof or Tenant's interest therein as a result of any action of Owner, its officers, employees, representatives or agents, Owner shall, within the period aforesaid, and if such lien shall continue for an additional ten thirty (1030) days after Owner receives notice of the filing of such mechanic's, laborer's, vendor's, materialman's or similar statutory lien, cause it to be discharged of record by the FCRHA payment, deposit, bond, order of a court of competent jurisdiction or otherwise. However, Owner shall not be required to discharge any such lien if Owner shall have (i) furnished Tenant with, at Owner's option, a cash deposit, bond, letter of credit from an Institutional Lender (in form reasonably satisfactory to Tenant) or other security (such as a personal guaranty or title company indemnity) reasonably satisfactory to Tenant, then, in addition to any other right or remedy, the FCRHA may, but shall not be obligated to, discharge the same either by paying the an amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and sufficient to pay the amount lien with interest and penalties and (ii) brought an appropriate proceeding to discharge such lien and is prosecuting such proceeding with diligence and continuity; except that if, despite Owner's efforts to seek discharge of the lien, Tenant reasonably believes that a court judgment in favor of the lienor with interestor order foreclosing such lien is about to be entered or granted and so notifies Owner, costs and allowances. Any amount so paid by the FCRHAOwner shall, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demandof notice to such effect from Tenant (but not later than three (3) business days prior to the entry or granting of such judgment or order of foreclosure), cause such lien to be discharged of record or Tenant may thereafter discharge the lien in accordance with Section 24.2 and look to the security furnished by Owner for reimbursement of its cost in so doing. Notwithstanding 70 F:\MlNSKERIC.M.BIP ARKONElPOGROUNDlEASE.EXEC 12-1.DOC m: 1893m~2 498 Section 17.3 No Authority to Contract in Name of Owner. Nothing contained in this Article shall be deemed or construed to constitute the foregoing provisions consent or request of this Section 15.02Owner, express or implied, by implication 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 of, 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, mortgage or other encumbrance against Owner's interest in the Land or any part thereof or against assets of Owner, or Owner's interest in any Rental and/or Impositions. Notice is hereby given, and Tenant shall cause all Construction Agreements to provide, that to the extent enforceable under Florida law, Owner shall not be required liable for any work performed or to discharge (be performed at the Premises or any part thereof for Tenant or any Master Subtenant or for any materials furnished or to be furnished to the Premises or any part thereoffor any of the foregoing, and no mechanic's, laborer's, vendor's, materialman's or other similar statutory lien for such work or materials shall attach to or affect Owner's interest in the FCRHA Land or any part thereof or any assets of Owner, or Owner's interest in any Rental and/or Impositions: The foregoing shall not pay require Tenant to request advance waivers oflien from contractors or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.subcontractors. Article 18 -
Appears in 1 contract
Samples: Lease Agreement
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including, without limitation, any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency or the Company or against any of the Rental Payments payable under this Agreement or the interest of the Agency or the Company under this Agreement, other than Liens for Impositions (as defined in Section 4.4 hereof) not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 6.5(b) hereof, the Company forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Company may at its sole expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (1) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in this Agreement, of the Agency or against any of the Rental Payments payable under this Agreement, (2) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (3) neither the Company nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (4) the Company shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 1 contract
Samples: Lease Agreement
Discharge of Liens. If any mechanic’sDuring the Term of this Lease, laborer’s or materialman’s lien Tenant shall not permit to remain, and shall promptly discharge, at its sole cost and expense, all Liens (other than a lien arising out of any work performed Liens created by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against upon the Premises or any part thereof thereof; provided, however, that the existence of any mechanics’ liens or rights thereto shall not constitute a violation of this Article if payment is not yet due under the Project contract that is the foundation of such liens or any part thereof, or, if any public improvement lien created or permitted to be created by rights thereto. Tenant shall be filed against have the right to contest with due diligence the validity or amount of any assets ofLien or claimed Lien provided that Tenant has deposited with the court in which the proceedings are pending cash, or funds appropriated to, the FCRHA, a bond from a reputable corporate surety or other reasonable assurance of payment by Tenant, made within forty-five thirty (4530) days after notice the date of recording of the filing thereof Lien, as assurance that any final judgment thereon, or such process as may be issued for the enforcement thereof, shall cause be paid and discharged forthwith. On final determination of the same to be discharged Lien or claim of record by paymentLien, deposit, bond, order of a court of competent jurisdiction Tenant shall immediately pay any judgment rendered with all proper costs and charges and shall have the Lien released or otherwisejudgment satisfied at Tenant’s own expense. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaiddo so, Landlord may at its option, and if upon thirty (30) days’ prior Notice to Tenant, pay any such lien shall continue for an additional ten final judgment and clear the title to the Premises therefrom. If within thirty (1030) days after notice by the FCRHA date a Lien is recorded Tenant shall fail to Tenantcontest with due diligence the validity or amount of any such Lien or claimed Lien, then, in addition to any other right or remedy, the FCRHA Landlord may, but shall not be obligated required to, discharge contest the validity or amount of any such Lien or claimed Lien or settle or compromise the same either by paying without inquiring into the validity of the claim or the reasonableness of the amount claimed to be due or by procuring the discharge of thereof. All such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so sums paid by the FCRHA, including Landlord and all reasonable costs and expenses incurred by the FCRHA it in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, therewith shall constitute be Additional Costs Rent and shall be paid payable to Landlord by Tenant to the FCRHA within ten (10) days after on demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Ground Lease (Workday, Inc.)
Discharge of Liens. If 10.01. Tenant shall not create or permit to be created any mechanic’slien, laborer’s encumbrance or materialman’s lien (other than a lien arising out of any work performed by charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Property or any part thereof or the Project income therefrom or this Lease or the leasehold estate created hereby, and Tenant shall not suffer (without the consent of Landlord) any other matter or thing whereby the estate, rights and/or interest of Tenant and/or Landlord (or any part thereof) in the Property or any part thereof might be encumbered by any such lien, encumbrance or charge.
10.02. If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five thirty (4530) days after notice of the filing thereof shall (but in all events prior to the time such lienholder may foreclose such lien), will cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy Landlord may have hereunder or at law or equity, the FCRHA 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord and all reasonable costs and expenses expenses, including, without limitation, reasonable attorneys' fees and disbursements, incurred by the FCRHA Landlord in connection therewithwith the discharge of the lien and/or the prosecution of such action, together with interest Interest (as defined in Section 32.25 of this Lease) thereon at the Involuntary Rate, from the respective dates of the FCRHA’s Landlord's making of the payment or incurring of the costs cost and expenses, expense to the date Tenant reimburses Landlord for such amount shall constitute Additional Costs Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord immediately on demand.
10.03. Nothing in this Lease shall be deemed or construed in any way as constituting the FCRHA within ten (10) days after demand. Notwithstanding consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the foregoing provisions performance of this Section 15.02any labor or the furnishing of any materials for any specific improvement, Tenant shall not be required alteration to discharge (and or repair of the FCRHA shall not pay Property or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiespart thereof.
Appears in 1 contract
Discharge of Liens. If any mechanic’smechanics', laborer’s laborers', or materialman’s materialmen's lien (other than a lien arising out of any work performed by the FCRHADistrict-Created Lien) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises District's interest in the Project Site or any part thereof or in connection with the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated tothe Tenant's activities thereon, the FCRHA, Tenant, within forty-five (45) 30 days after notice of the filing thereof thereof, shall elect to contest the same or cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If the Tenant does not contest such lien and shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy of the District hereunder, the FCRHA District 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, event the FCRHA District shall be entitled, if the FCRHA District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor lien holder with interest, costs attorneys' fees, costs, and allowances. Any amount so paid by the FCRHA, including District and all reasonable costs and expenses incurred by the FCRHA District in connection therewith, including reasonable attorneys' fees together with interest thereon at one percent (1%) per annum above the Involuntary prime rate of interest quoted from time to time by Bank of America, New York, as Bank of America's Prime Rate, from the respective dates of the FCRHA’s District's making of the payment or incurring of the costs cost and expensesexpense, shall constitute Additional Costs additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the FCRHA District within ten fifteen (1015) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltieswritten demand therefor.
Appears in 1 contract
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be is filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall will be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) 45 days after notice of the filing thereof shall will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall will fail to cause such lien to be discharged of record within the period aforesaid45-day period, and if such lien shall continue continues for an additional ten (10) days Business Days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA Landlord may, but shall is not be obligated to, discharge the same lien 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, the FCRHA shall Landlord will be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHALandlord, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall will constitute Additional Costs and shall will be paid by Tenant to the FCRHA Landlord within ten (10) days Business Days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall will not be required to discharge (and the FCRHA shall Landlord will not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Deed of Lease
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out a) The Lessee agrees that except as otherwise provided herein and subject to the terms of any work performed by the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant Article XII relating to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated tocontests, the FCRHALessee shall not directly or indirectly create or allow to remain, Tenant, and shall promptly (and in any event within forty-five sixty (4560) days after notice of thereof is received by the filing thereof shall Lessee from any Person) discharge (or cause the same to be discharged of record by paymentinsured or otherwise bonded over) at its sole cost and expense, depositany Lien, bonddefect, order of a court of competent jurisdiction attachment, levy, title retention agreement or otherwise. If Tenant shall fail claim upon any Property or any Lien, attachment, levy or claim with respect to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice any amounts held by the FCRHA Lessor or the Administrative Agent pursuant to Tenantthis Master Lease as collateral security for the Lessee's obligations or pending performance by the Lessee, thenother than (i) Permitted Property Liens and (ii) Liens on machinery, equipment, inventory, general intangibles and other personal property not financed by the proceeds of the Loans or Lessor Amounts.
(b) Nothing contained in addition this Master Lease shall be construed as constituting the consent or request of the Lessor, the Administrative Agent or any Lender, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any other right Property or remedyany part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR NOR THE ADMINISTRATIVE AGENT NOR ANY LENDER IS OR SHALL BE LIABLE FOR ANY LABOR, the FCRHA maySERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, but shall not be obligated toOR TO ANYONE HOLDING ANY PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, 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 proceedingsAND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, and in any such eventSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesTHE ADMINISTRATIVE AGENT OR ANY LENDER IN AND TO ANY PROPERTY.
Appears in 1 contract
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out a) The Lessee agrees that except as otherwise provided herein and subject to the terms of any work performed by the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant Article XII relating to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated tocontests, the FCRHALessee shall not directly or indirectly create or allow to remain, Tenant, and shall promptly (and in any event within forty-five thirty (4530) days after notice of thereof is received by the filing thereof shall Lessee from any Person) discharge (or cause the same to be discharged of record by paymentinsured or otherwise bonded over) at its sole cost and expense, depositany Lien, bonddefect, order of a court of competent jurisdiction attachment, levy, title retention agreement or otherwise. If Tenant shall fail claim upon the Property or any Lien, attachment, levy or claim with respect to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice any amounts held by the FCRHA Lessor or the Indenture Trustee pursuant to Tenantthis Master Lease as collateral security for the Lessee's obligations or pending performance by the Lessee, then, other than Permitted Property Liens.
(b) Nothing contained in addition to any other right this Master Lease shall be construed as constituting the consent or remedyrequest of the Lessor, the FCRHA mayIndenture Trustee or any Purchaser, but shall not be obligated to, discharge the same either by paying the amount claimed to be due expressed or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, the FCRHA shall be entitled, if the FCRHA so electsimplied, to compel the prosecution of an action or for the foreclosure performance by any contractor, mechanic, laborer, materialman, supplier or vendor of such lien by any labor or services or for the lienor and to pay the amount furnishing of the judgment in favor any materials for any construction, alteration, addition, repair or demolition of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demandProperty or any part thereof. Notwithstanding the foregoing provisions of this Section 15.02NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR NOR THE INDENTURE TRUSTEE NOR ANY PURCHASER IS OR SHALL BE LIABLE FOR ANY LABOR, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesSERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, THE INDENTURE TRUSTEE OR ANY PURCHASER IN AND TO THE PROPERTY.
Appears in 1 contract
Samples: Master Lease and Deed of Trust (Sabre Holdings Corp)
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement or the interest of the Agency, the Lessee under the Company Lease or under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement, (ii) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (iii) neither the Lessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (iv) the Lessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility or any part thereof or the Project interest therein of the Agency or the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement or the interest of the Agency, the Lessee under the Company Lease or under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, if any public improvement lien created of the Agency or permitted to be created by Tenant shall be filed the Lessee or against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause Rental Payments payable under the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction Company Lease or otherwise. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of under this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.Agreement,
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid45-day period, and if such lien shall continue continues for an additional ten (10) days Business Days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA Landlord may, but shall is not be obligated to, discharge the same lien 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHALandlord, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA Landlord within ten (10) days Business Days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA Landlord shall not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Deed of Lease
Discharge of Liens. (a) If any mechanic’slien, laborer’s encumbrance or materialman’s charge is filed or asserted (including any lien (other than a lien arising out for the performance of any work performed by labor or services or the FCRHA) at furnishing of materials), or any time shall be filed in violation judgment, decree, order, levy or process of the obligations of Tenant pursuant to Section 15.01 any court or governmental body is entered, made or issued or any claim (such liens, encumbrances, charges, judgments, decrees, orders, levies, processes and claims being herein collectively called “Liens”), whether or not valid, is made against the Premises Facility, the Project Building, the Condominium Documents or any part thereof or the Project interest therein of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement or the interest of the Agency, the Lessee under the Company Lease or under this Agreement, other than Liens for Impositions not yet payable, Permitted Encumbrances, or Liens being contested as permitted by Section 8.11(b), the Lessee forthwith upon receipt of notice of the filing, assertion, entry or issuance of such Lien (regardless of the source of such notice) shall give written notice thereof to the Agency and take all action (including the payment of money and/or the securing of a bond) at its own cost and expense as may be necessary or appropriate to obtain the discharge in full thereof and to remove or nullify the basis therefor. Nothing contained in this Agreement shall be construed as constituting the express or implied consent to or permission of the Agency for the performance of any labor or services or the furnishing of any materials that would give rise to any Lien against the Agency’s interest in the Facility.
(b) The Lessee may at its sole cost and expense contest (after prior written notice to the Agency), by appropriate action conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Lien, if (i) such proceeding shall suspend the execution or enforcement of such Lien against the Facility or any part thereofthereof or interest therein, oror in the Company Lease or in this Agreement, of the Agency, the Lessee or against any of the Rental Payments payable under the Company Lease or under this Agreement, (ii) neither the Facility nor any part thereof or interest therein would be in any danger of being sold, forfeited or lost, (iii) neither the Lessee nor the Agency would be in any danger of any civil or any criminal liability, other than normal accrual of interest, for failure to comply therewith, and (iv) the Lessee shall have furnished such security, if any public improvement lien created any, as may be required in such proceedings or permitted to as may be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice reasonably requested by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesAgency.
Appears in 1 contract
Samples: Agency Lease Agreement
Discharge of Liens. If SECTION 10.01. Tenant will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any Imposition or any mechanic’s's, laborer’s 's or materialman’s 's lien (other than or any mortgage, conditional sale, title retention agreement or chattel mortgage, or otherwise) which might be or become a lien arising out of any work performed by lien, encumbrance or charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom, having any priority or preference over or ranking on a parity with the estate, rights and interest of Landlord in the Demised Premises or any part thereof or the income therefrom, and Tenant will not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Demised Premises or any part thereof might be impaired; provided that any Imposition may, after the same becomes a lien on the Demised Premises, be paid or contested in accordance with Article 3 hereof, and any mechanic's, laborer's or materialman's lien may be discharged in accordance with Section 10.02 hereof.
SECTION 10.02. If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Demised Premises or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five (45) 50 days after notice of the filing thereof shall thereof, will cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord and all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, rate of 6% per annum from the respective dates of the FCRHA’s Landlord's making of the payment or incurring of the costs cost and expenses, expense shall constitute Additional Costs additional rent payable by Tenant under this lease and shall be paid by Tenant to Landlord on demand.
SECTION 10.03. Nothing in this lease contained shall be deemed or construed in any way as constituting the FCRHA within ten (10) days after demand. Notwithstanding consent or request of Landlord, express or implied by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the foregoing provisions performance of this Section 15.02any labor 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 shall not be required any right, power or authority to discharge (and contract for or permit the FCRHA shall not pay rendering of any services or discharge) the furnishing of 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 reasonably satisfactory materials that would give rise to the FCRHA in an amount sufficient to pay such filing of any lien with interest and penaltiesagainst the Demised Premises or any part thereof.
Appears in 1 contract
Samples: Sublease (Sl Green Realty Corp)
Discharge of Liens. If (a) The Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII relating to permitted contests, the Lessee shall not directly or indirectly create or allow to remain, and shall promptly (and in any mechanic’sevent within sixty (60) days after notice thereof is received by the Lessee from any Person) discharge at its sole cost and expense, laborer’s or materialman’s lien any Lien (other than a lien arising out any Lessor Lien), defect, attachment, levy, title retention agreement or claim upon any Property or any Lien, attachment, levy or claim with respect to any Basic Rent, Supplemental Rent or amounts held by the Lessor pursuant to this Master Lease as collateral security for the Lessee's obligations or pending performance by the Lessee, other than Permitted Property Liens.
(a) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor or any Investor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any work performed by labor or services or for the FCRHA) at furnishing of any time shall be filed in violation materials for any construction, alteration, addition, repair or demolition of the obligations of Tenant pursuant or to Section 15.01 against the Premises or any part thereof or the Project Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR NOR ANY INVESTOR IS OR SHALL BE LIABLE FOR ANY LABOR, orSERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets ofOR TO ANYONE HOLDING ANY PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, or funds appropriated toAND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, the FCRHA, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including all reasonable costs and expenses incurred by the FCRHA in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR OR ANY INVESTOR IN AND TO ANY PROPERTY.
Appears in 1 contract
Samples: Master Lease and Deed of Trust (Itt Industries Inc)
Discharge of Liens. If Section 35.01. Tenant shall not create or cause to be created any mechanic’slien, laborer’s encumbrance or materialman’s lien (other than a lien arising out of any work performed by charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom, including but not limited to a mechanic’s lien, for work claimed to have been performed for or on behalf of Tenant or materials claimed to have been furnished to or for Tenant, and Tenant shall not cause, create or suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Demised Premises or any part thereofthereof might be impaired.
Section 35.02. If any lien, or, if encumbrance or charge within the purview of Section 35.01 shall at any public improvement lien created or permitted to be created by Tenant shall time be filed against the Demised Premises or any assets ofpart thereof as a result of the actions or inaction of Tenant or Tenant’s employees, agents or funds appropriated to, the FCRHAcontractors, Tenant, within forty-five thirty (4530) days after receiving notice of the filing thereof such filing, shall cause the same to be 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 discharged of record within and the period aforesaidLandlord released from liability thereunder or with respect thereto, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenantit is not, then, then in addition to any other right or remedy, the FCRHA Landlord, on not less than ten (10) days prior notice to Tenant, 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord and all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs Rent due and payable to Landlord within thirty (30) days of demand.
Section 35.03. Nothing in this Lease contained shall be paid 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 labor or 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 services or the furnishing of any materials that would give rise to the FCRHA within ten (10) days after demandfiling of any lien against the Demised Premises or any part thereof. Notwithstanding the foregoing provisions of this Section 15.02, Tenant Notice is hereby given that Landlord shall not be liable for any work performed or to be performed at the Demised Premises for Tenant or any subtenant, or any materials furnished or to be furnished at the Demised Premises for Tenant or any subtenant, upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Demised Premises. Landlord shall have the right to post and keep posted on the Building any notices which Landlord may be required to discharge (post for the protection of Landlord and the FCRHA shall not pay or discharge) Demised Premises from 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.lien.
Appears in 1 contract
Samples: Lease Agreement (Highland Transcend Partners I Corp.)
Discharge of Liens. If Tenant shall not create or permit to be created or to remain any lien, encumbrance or charge levied on account of any mechanic’s, laborer’s or materialman’s lien, or any mortgage, conditional bill of sale, title retention agreement, chattel mortgage or security agreement, or otherwise, resulting from any contract or commitment made by Tenant, which might or does constitute a lien, encumbrance or charge upon the Premises, the Common Area or the Building, or the income therefrom. If any lien (other than a lien arising out shall at any time be filed against the Premises or the Building, or any part thereof due to acts or omissions of Tenant, and/or any work performed by the FCRHA) at any time shall be filed in violation or on behalf of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHATenant, Tenant, within forty-five twenty (4520) days after notice of the filing thereof thereof, shall cause the same to be 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 discharged In the event of record within the period aforesaiddefault by Xxxxxx under this Lease, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, then in addition to any other right or remedy, the FCRHA 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor lienor, with interest, costs and allowances. In any event, if any suit, action or proceedings shall be brought to foreclosure or enforce such lien (whether or not the prosecution thereof was so compelled by Landlord), Tenant shall, at its sole cost and expense, promptly pay, satisfy and discharge any final judgment entered therein, in default of which Landlord, at its option may do so. Any amount and all amounts so paid by the FCRHALandlord as in this Section provided, including and all reasonable costs and expenses paid or incurred by the FCRHA Landlord in connection therewithwith any or all of the foregoing matters, including, but not limited to, reasonable counsel fees, together with interest thereon at the Involuntary Rate, maximum rate permitted by applicable law from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expensessuch payments, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA within ten (10) days after demand. Notwithstanding the foregoing provisions of Landlord on demand as additional rent under this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiesLease.
Appears in 1 contract
Samples: Office Lease Agreement
Discharge of Liens. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHALandlord) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHALandlord, Tenant, within forty-five (45) days after notice of the filing thereof shall cause the same to be 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 discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA Landlord to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHALandlord, including all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs and shall be paid by Tenant to the FCRHA Landlord within ten (10) days after demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA Landlord shall not pay or 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 reasonably satisfactory to the FCRHA Landlord in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Deed of Lease
Discharge of Liens. If 10.01. Lessee shall not create or permit to be created any mechanic’slien, laborer’s encumbrance or materialman’s lien (other than a lien arising out of any work performed by charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises Property or any part thereof or the Project income therefrom or this Lease or the leasehold estate created hereby, and Lessee shall not suffer any other matter or thing whereby the estate, rights and/or interest of Lessee and/or Lessor (or any part thereof) in the Property or any part thereof might be encumbered by any such lien, encumbrance or charge.
10.02. If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantLessee, within forty-five twenty (4520) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy Lessor may have hereunder or at law or equity, the FCRHA Lessor 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, the FCRHA Lessor shall be entitled, if the FCRHA Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses expenses, including, without limitation, reasonable attorneys' fees and disbursements, incurred by the FCRHA Lessor in connection therewithwith the discharge of the lien and/or the prosecution of such action, together with interest Interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s Lessor's making of the payment or incurring of the costs cost and expenses, expense to the date Lessee reimburses Lessor for such amount shall constitute Additional Costs Rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to Lessor immediately on demand.
10.03. Nothing in this Lease contained shall be deemed or construed in any way as constituting the FCRHA within ten (10) days after demand. Notwithstanding consent or request of Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the foregoing provisions performance of this Section 15.02any labor or the furnishing of any materials for any specific improvement, Tenant shall not be required alteration to discharge (and or repair of the FCRHA shall not pay Property or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiespart thereof.
Appears in 1 contract
Samples: Lease Agreement (Tiffany & Co)
Discharge of Liens. 10.01. Except as provided in ARTICLE 18, Lessee shall not create or permit to be created any lien, encumbrance or charge upon the Property or any part thereof, and Lessee shall not suffer any other matter or thing whereby the estate, rights and/or interest of Lessee and/or Lessor (or any part thereof) in the Property or any part thereof might be encumbered by any such lien, encumbrance or charge.
10.02. If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project Property or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, TenantLessee, within forty-five twenty (4520) days after receipt of notice of the filing thereof shall thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedyremedy Lessor may have hereunder or at law or equity, the FCRHA Lessor 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, the FCRHA Lessor shall be entitled, if the FCRHA Lessor so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses expenses, including, without limitation, reasonable attorneys’ fees and disbursements, incurred by the FCRHA Lessor in connection therewithwith the discharge of the lien and/or the prosecution of such action, together with interest Interest thereon at the Involuntary Rate, from the respective dates of the FCRHALessor’s making of the payment or incurring of the costs cost and expenses, expense to the date Lessee reimburses Lessor for such amount shall constitute Additional Costs Rent payable by Lessee under this Lease and shall be paid by Tenant Lessee to Lessor immediately upon Lessee’s receipt of demand therefor in writing.
10.03. Nothing in this Lease contained shall be deemed or construed in any way as constituting the FCRHA within ten (10) days after demand. Notwithstanding consent or request of Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the foregoing provisions performance of this Section 15.02any labor or the furnishing of any materials for any specific improvement, Tenant shall not be required alteration to discharge (and or repair of the FCRHA shall not pay Property or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltiespart thereof.
Appears in 1 contract
Discharge of Liens. Section 12.1 Tenant shall not create or permit to be created any lien, encumbrance or charge upon the Premises or any part or parts thereof or the income therefrom and shall not enter into any security agreements or permit the filing of any financing statement affecting any part of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired.
Section 12.2 If any mechanic’s, laborer’s or materialman’s lien (other than a lien arising out of any work performed by the FCRHA) shall at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Premises or any part thereof or the Project or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenantshall, within forty-five thirty (4530) days after notice of the filing thereof shall thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwiserecord. If Tenant shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord with all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, Penalty Rate from the respective dates of the FCRHALandlord’s making of the payment or incurring of the costs and expensesexpense, shall constitute Additional Costs additional rent payable by Tenant under this Lease and shall be paid by Tenant to the FCRHA within ten (10) days after Landlord on demand. Notwithstanding the foregoing provisions of this Section 15.02, Tenant shall not be required to discharge (and the FCRHA shall not pay or 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penalties.
Appears in 1 contract
Samples: Lease Agreement (Jaclyn Inc)
Discharge of Liens. If Section 10.1. Lessee will not create or permit to be created or to remain, and will discharge, any lien, encumbrance or charge (levied on account of any Imposition or any mechanic’s's, laborer’s 's or materialman’s lien (other than a lien arising out of 's line or any work performed by the FCRHAconditional sale, title retention agreement or security agreement or chattel mortgage, or otherwise) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Leased Premises or any part thereof or thereof; provided that any Imposition may, after the Project same becomes a lien on the Leased Premises or any part thereof, orbe paid or contested in accordance with Article VI hereof, if and any public improvement mechanic's, laborer's or materialman's lien created may be discharged in accordance with Section 10.3 hereof.
Section 10.2. If any mechanic's, laborer's or permitted to be created by Tenant materialman's lien shall at any time be filed against the Leased Premises or any assets ofpart thereof, or funds appropriated to, the FCRHA, TenantLessee, within forty-five sixty (4560) days after notice of the filing thereof shall thereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien to be discharged of record within the period aforesaid, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenant, then, in addition to any other right or remedy, the FCRHA Lessor 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, the FCRHA shall be entitled, if the FCRHA so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Lessor and all reasonable costs and expenses incurred by the FCRHA Lessor in connection therewith, together with interest thereon at the Involuntary Rate, rate of ten percent (10%) per annum from the respective dates of the FCRHA’s Lessor's making of the payment or incurring of the costs cost and expenses, expense shall constitute Additional Costs additional rent payable by Lessee under this Lease and shall shall: be paid by Tenant Lessee to the FCRHA within ten (10) days after Lessor on demand.
Section 10.3. Notwithstanding the foregoing provisions of this Section 15.02foregoing, Tenant Lessee shall not be required to discharge (and the FCRHA shall not pay or discharge) discharge any such mechanic's lien if Tenant is so long as Lessee shall in good faith contesting proceed to contest the same by appropriate proceedings; provided, however, that Lessee shall give written notice to Lessor of Lessee's intention to contest the validity of such lien. If such lien shall be reduced to judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and has furnished a cash deposit or a security bond or other such security reasonably satisfactory stay thereafter expires, then in that event Lessee shall pay and discharge said judgment forthwith and failing this Lessor (in addition to the FCRHA remedies provided in an amount sufficient Article XXI) shall have the remedies provided in Section 10.2 hereof.
Section 10.4. Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Lessor to pay such 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 Leased Premises or any part thereof, nor as giving Lessee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien with interest and penaltiesagainst the Leased premises or any part thereof.
Appears in 1 contract
Samples: Lease Agreement (Old Baldy Corp)
Discharge of Liens. If
Section 35.01 Tenant shall not create or cause to be created any mechanic’slien, laborer’s encumbrance or materialman’s lien (other than a lien arising out of any work performed by charge upon the FCRHA) at any time shall be filed in violation of the obligations of Tenant pursuant to Section 15.01 against the Demised Premises or any part thereof or the Project income therefrom, including but not limited to a mechanic’s lien, for work claimed to have been performed for or on behalf of Tenant or materials claimed to have been furnished to or for Tenant, and Tenant shall not cause, create or suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Demised Premises or any part thereof might be impaired.
Section 35.02 If any lien, encumbrance or charge within the purview of Section 35.01 shall at any time be filed against the Demised Premises or any part thereof, or, if any public improvement lien created or permitted to be created by Tenant shall be filed against any assets of, or funds appropriated to, the FCRHA, Tenant, within forty-five thirty (4530) days after receiving notice of the filing thereof such filing, shall cause the same to be 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 discharged of record within and the period aforesaidLandlord released from liability thereunder or with respect thereto, and if such lien shall continue for an additional ten (10) days after notice by the FCRHA to Tenantit is not, then, then in addition to any other right or remedy, the FCRHA Landlord, on not less than ten (10) days prior notice to Tenant, 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, the FCRHA event Landlord shall be entitled, if the FCRHA Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the FCRHA, including Landlord and all reasonable costs and expenses incurred by the FCRHA Landlord in connection therewith, together with interest thereon at the Involuntary Rate, from the respective dates of the FCRHA’s making of the payment or incurring of the costs and expenses, shall constitute Additional Costs Rent due and payable to Landlord on demand.
Section 35.03 Nothing in this Lease contained shall be paid 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 labor or 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 services or the furnishing of any materials that would give rise to the FCRHA within ten (10) days after demandfiling of any lien against the Demised Premises or any part thereof. Notwithstanding the foregoing provisions of this Section 15.02, Tenant Notice is hereby given that Landlord shall not be liable for any work performed or to be performed at the Demised Premises for Tenant or any subtenant, or any materials furnished or to be furnished at the Demised Premises for Tenant or any subtenant, upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Demised Premises. Landlord shall have the right to post and keep posted on the Building any notices which Landlord may be required to discharge (post for the protection of Landlord and the FCRHA shall not pay or discharge) Demised Premises from 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 reasonably satisfactory to the FCRHA in an amount sufficient to pay such lien with interest and penaltieslien.
Appears in 1 contract