Discharge of Liens. If Tenant shall cause any mechanic’s, laborer’s or materialman’s lien to be filed against the Premises or any part thereof, Tenant, within thirty (30) days after notice of the filing thereof, shall cause such lien 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 within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge such 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, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any 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 Xxxxxxxx and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the rate of six percent (6%) per annum from the respective dates of Landlord’s making of the payments and incurring of the costs and expenses, shall be payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Samples: Lease and Asset Transfer Agreement
Discharge of Liens. If Tenant shall cause discharge of record by bond or otherwise within ten (10) days following the filing thereof any mechanic’s, laborer’s or materialmansimilar lien filed against the Premises, the Building or the Property for work or materials claimed to have been furnished to or for the benefit of Tenant and/or the Premises; provided, however, that Tenant shall have no responsibility with respect to any mechanic’s or similar lien to be filed against the Premises or any part thereofthe Building for work or materials furnished by or at Landlord’s request, Tenant, within thirty (30) days after notice if Tenant is current in the payment of the filing thereof, shall cause such lien to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwiseall obligations owed Landlord. If Tenant shall fail to cause such lien or claim of lien to be so discharged or bonded within the period aforesaidsuch period, then in addition to any other right or remedyremedy it may have, Landlord may, but shall not be obligated to, discharge such lien either the same by paying the amount claimed to be due or by procuring the discharge of such lien or claim by deposit in court or by bonding proceedingsbonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such lien or claim by the lienor or claimant and to pay the amount of the judgment judgment, if any, in favor of the lienor lienor, with interest, costs costs, and allowances. Any amount Tenant shall pay as additional rent on demand from time to time any sum or sums so paid by Xxxxxxxx and all costs and expenses incurred by Landlord Landlord, including, but not limited to, attorneys’ fees in connection therewith, together with interest thereon at the rate of six percent (6%) per annum from the respective dates of Landlord’s making of the payments and incurring of the costs and expenses, shall be payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demandprocessing such discharge or in defending any such action.
Appears in 1 contract
Samples: Lease (Danger Inc)
Discharge of Liens. If Tenant shall cause any mechanic’s's, laborer’s 's, materialman's or materialman’s other lien to at any time shall be filed or permitted to exist against the Premises by reason of any work, labor or any part thereofservices performed or materials furnished, or claimed to have been performed or furnished, to or on behalf of Tenant or those claiming under Tenant, Tenant, within thirty twenty (3020) days after notice of the filing thereof, shall cause such lien the same to be vacated or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be vacated or discharged within the period aforesaidsuch period, then Landlord, in addition to any other right or remedyremedy of Landlord hereunder, Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any 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 allowancesor otherwise. Any amount so paid by Xxxxxxxx Landlord, and all reasonable costs and expenses expenses, including, but not limited to, reasonable attorneys' fees and disbursements, incurred by Landlord in connection therewith, together with interest thereon at the rate of six percent (6%) per annum Lease from the respective dates of Landlord’s 's making of the payments and payment or incurring of the costs and expenses, shall be constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Samples: Lease Agreement (Earthshell Corp)
Discharge of Liens. If Tenant shall cause any mechanic’s's, laborer’s 's or materialman’s 's lien to be is filed against the Premises or any part thereof, Tenant, within thirty (30) days after notice of the filing thereof, shall cause such lien the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwiserecord. If Tenant shall fail fails to cause such lien to be timely discharged within the period aforesaidthen, then in addition to any all other right or remedyrights and remedies, Landlord may, but shall not be obligated to, discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien same by deposit or by bonding proceedings, proceedings and in any such event, Landlord shall shall, at its election, be entitled, if Landlord so elects, entitled to compel the prosecution of any an action for the foreclosure of such lien by the lienor and to pay the amount of to the judgment in favor of the lienor lienor, with interest, costs and allowances. In the event, such any suit, action or proceedings is brought to foreclose or enforce any such lien (whether or not the prosecution thereof was so compelled by Landlord), Tenant shall, at its own sole cost and expense, promptly pay, satisfy and discharge any judgment beyond all rights of appeal, entered therein, in default of which Landlord, at its option, may do so. Any amount and all amounts so paid by Xxxxxxxx Landlord, and all costs and expenses paid or incurred by Landlord in connection therewithwith any or all of the foregoing, including but not limited to reasonable attorney's fees and costs of litigation, together with interest thereon at the rate of six percent (6%) per annum from the respective dates of Landlord’s making of the payments and incurring of the costs and expensesthereon, shall be payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demanddemand as Additional Rent hereunder.
Appears in 1 contract
Samples: Lease (Interstate General Co L P)
Discharge of Liens. If Tenant any mechanics', laborers', or materialmen's lien (other than a District-Created Lien) shall cause at any mechanic’s, laborer’s or materialman’s lien to time be filed against the Premises District's interest in the Project Site or any part thereofthereof in connection with the Project or the Tenant's activities thereon, the Tenant, within thirty (30) 30 days after notice of the filing thereof, shall elect to contest the same or cause such lien 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 within the period aforesaid, then in addition to any other right or remedyremedy of the District hereunder, Landlord the District may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord event the District shall be entitled, if Landlord the District so elects, to compel the prosecution of any 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 attorneys' fees, costs, and allowances. Any amount so paid by Xxxxxxxx the District and all costs and expenses incurred by Landlord the District in connection therewith, including reasonable attorneys' fees together with interest thereon at the rate of six one percent (61%) per annum above the 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 Landlord’s the District's making of the payments and payment or incurring of the costs cost and expensesexpense, shall be constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to Landlord on demandthe District within fifteen (15) days of written demand therefor.
Appears in 1 contract
Discharge of Liens. If Tenant shall cause discharge of record by bond or otherwise within ten (10) days following the filing thereof any mechanic’s's or similar lien filed against the Premises, laborer’s the Building or materialman’s the Property for work or materials claimed to have been furnished to or for the benefit of Tenant and/or the Premises; provided, however, that Tenant shall have no responsibility with respect to any mechanic's or similar lien to be filed against the Premises or any part thereofthe Building for work or materials furnished by or at Landlord's request, Tenant, within thirty (30) days after notice if Tenant is current in the payment of the filing thereof, shall cause such lien to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwiseall obligations owed Landlord. If Tenant shall fail to cause such lien or claim of lien to be so discharged or bonded within the period aforesaidsuch period, then in addition to any other right or remedyremedy it may have, Landlord may, but shall not be obligated to, discharge such lien either the same by paying the amount claimed to be due or by procuring the discharge of such lien or claim by deposit in court or by bonding proceedingsbonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such lien or claim by the lienor or claimant and to pay the amount of the judgment judgment, if any, in favor of the lienor lienor, with interest, costs costs, and allowances. Any amount Tenant shall pay as additional rent on demand from time to time any sum or sums so paid by Xxxxxxxx and all costs and expenses incurred by Landlord Landlord, including, but not limited to, attorneys' fees in connection therewith, together with interest thereon at the rate of six percent (6%) per annum from the respective dates of Landlord’s making of the payments and incurring of the costs and expenses, shall be payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demandprocessing such discharge or in defending any such action.
Appears in 1 contract
Samples: The Lease (Logisticare Inc)
Discharge of Liens. If Tenant shall cause any mechanic’s's, laborer’s 's or materialman’s lien to 's lien, or notice of intention, or notice of refusal, shall at any time be filed against the Premises or any part thereof, or against Landlord, Tenant, within thirty (30) 15 days after notice of the filing thereof, shall will cause such lien it 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 or notice to be discharged within the period aforesaid, then then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge such lien it either by paying the amount claimed to be due or by procuring the discharge of such lien or notice by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such any 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 Xxxxxxxx Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the rate of six percent (6%) per annum Default Rate from the respective dates of Landlord’s 's making of the payments and incurring of the costs and expenses, shall be constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Samples: Easylink Services Corp
Discharge of Liens. If Tenant shall cause any mechanic’s's, laborer’s 's or materialman’s 's lien to shall at any time be filed against the Premises or any part thereof, TenantLessee, within thirty fifteen (3015) days after notice of the filing thereof, shall will cause such lien it to be discharged of record by payment, deposit, bond, order of a the court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Landlord Lessor may, but shall not be obligated to, discharge such lien it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord Lessor shall be entitled, if Landlord Lessor so elects, to compel the prosecution of any 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 Xxxxxxxx Lessor and all costs and expenses incurred by Landlord Lessor in connection therewith, together with interest thereon thereon, at the rate of six percent (6%) per annum if Lessee is an individual, partnership or joint venture and at the rate of twelve percent (12%) per annum if Lessee is a corporation, from the respective dates of Landlord’s Lessor's making of the payments and incurring of the costs and expenses, shall be constitute additional rent payable by Tenant Lessee under this Lease and shall be paid by Tenant Lessee to Landlord Lessor on demand.
Appears in 1 contract
Samples: Agreement (Sauer Inc)
Discharge of Liens. If Tenant shall cause any mechanic’s, laborer’s or materialman’s 's lien to shall be filed against the Premises or ------------------ at any part thereoftime, Tenant, within thirty fifteen (3015) days after notice of the filing thereof, shall will cause such lien it to be discharged of or record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail fails to cause any such lien to be discharged within the period aforesaidsuch fifteen (15) day period, then then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge such lien either after giving Tenant an additional ten (10) days notice by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any 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 Xxxxxxxx Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon thereon, at the rate of six ten percent (610%) per annum from the respective dates of Landlord’s 's making of the payments and incurring of the costs and expenses, shall be constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Discharge of Liens. If Tenant shall cause any mechanic’s's, laborer’s 's, or materialman’s materialmen's lien to shall at any time be filed against the Premises Property by reason of any act or any part thereofomission of Tenant, Tenant, within thirty fifteen (3015) days after notice of the filing thereof, shall cause such lien the same to be discharged of record by payment, deposit, bond, bond or order of a court of competent jurisdiction or otherwisejurisdiction. If Tenant shall fail to cause such lien to discharge the same, Tenant shall be discharged within in immediate default of this Lease and then Landlord may discharge the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge such 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, . Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any 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 Xxxxxxxx Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon from the date incurred at the highest rate of six percent (6%) per annum from the respective dates of Landlord’s making of the payments and incurring of the costs and expensespermitted under Massachusetts law, shall be constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Samples: World Energy Solutions, Inc.
Discharge of Liens. If Tenant shall cause any mechanic’smechanics, laborer’s 's or materialman’s 's lien to shall at any time be filed against the Premises or any part thereof, Tenant, within thirty (30) fifteen days after notice of the filing thereof, shall will cause such lien it 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 within the period aforesaid, then in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge such lien it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord shall be entitled, if Landlord so elects, elects to compel the prosecution of any 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 Xxxxxxxx Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the rate of six percent (6%) per annum Default Rate from the respective dates of Landlord’s 's making of the payments and incurring of the costs and expensesexpense, shall be constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)
Discharge of Liens. If Tenant any mechanics', laborers', or materialmen's lien (other than a District-Created Lien) shall cause at any mechanic’s, laborer’s or materialman’s lien to time be filed against the Premises District's interest in the Project Facilities or Project Land or any part thereofthereof in connection with the Company's activities thereon, Tenantthe Company, within thirty (30) 30 days after notice of the filing thereof, shall elect to contest the same or cause such lien the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant the Company does not contest such lien and shall fail to cause such lien to be discharged within the period aforesaid, then in addition to any other right or remedyremedy of the District hereunder, Landlord the District may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event, Landlord event the District shall be entitled, if Landlord the District so elects, to compel the prosecution of any 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 attorneys' fees, costs, and allowances. Any amount so paid by Xxxxxxxx the District and all costs and expenses incurred by Landlord the District in connection therewith, including reasonable attorneys' fees together with interest thereon at the rate of six one percent (61%) per annum above the 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 Landlord’s the District's making of the payments and payment or incurring of the costs cost and expensesexpense, shall be constitute additional rent payable by Tenant the Company under this Ground Lease and shall be paid by Tenant the Company to Landlord on demandthe District within fifteen (15) days of written demand therefor.
Appears in 1 contract
Discharge of Liens. If Tenant shall cause any mechanic’s's, laborer’s 's, or materialman’s 's lien to shall at any time be filed against the Premises Premises, the Property, or any part thereof, Tenant, within thirty (30) days after notice of the filing thereof, shall will cause such lien it to be discharged of record by payment, payment deposit, bond, order of a court of or competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged within the period aforesaid30-day period, then in addition to any other right or remedy, Landlord may, but shall not be obligated toto , discharge such lien it 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 . In any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such lien by the lienor and to pay the amount of the judgment judgement in favor of the lienor with interest, costs costs, and allowances. Any amount so paid by Xxxxxxxx Landlord and all costs and expenses including reasonable attorney fees incurred by Landlord in connection therewith, together with interest thereon at the highest rate of six percent (6%) per annum permitted by law from the respective dates of Landlord’s 's making of the payments payment and incurring of the costs cost and expensesexpense, shall be constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Samples: Agreement of Lease (Emtec Inc/Nj)