Discharge of Liens. If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Premises or any part thereof, Lessee, within fifteen (15) days after notice of the filing thereof, will cause it to be discharged of record by payment, deposit, bond, order of the court of competent jurisdiction or otherwise. If Lessee shall fail to cause such lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge 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, Lessor shall be entitled, if 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 Lessor and all costs and expenses incurred by Lessor in connection therewith, together with interest 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 Lessor's making of the payments and incurring of the costs and expenses, shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand.
Appears in 1 contract
Samples: Agreement (Sauer Inc)
Discharge of Liens. If Tenant shall 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 shall at any time be filed against the Premises or any part thereofthe Building for work or materials furnished by or at Landlord's request, Lessee, within fifteen (15) days after notice if Tenant is current in the payment of the filing thereof, will cause it to be discharged of record by payment, deposit, bond, order of the court of competent jurisdiction or otherwiseall obligations owed Landlord. If Lessee 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, Lessor Landlord may, but shall not be obligated to, discharge it 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, Lessor Landlord shall be entitled, if Lessor 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 Lessor and all costs and expenses incurred by Lessor Landlord, including, but not limited to, attorneys' fees in connection therewith, together with interest thereon, at the rate of six percent (6%) per annum if Lessee is an individual, partnership processing such discharge or joint venture and at the rate of twelve percent (12%) per annum if Lessee is a corporation, from the respective dates of Lessor's making of the payments and incurring of the costs and expenses, shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demandin defending any such action.
Appears in 1 contract
Samples: The Lease (Logisticare Inc)
Discharge of Liens. If any mechanic's, laborer's, materialman's or materialman's other lien shall 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, Lesseeor claimed to have been performed or furnished, to or on behalf of Tenant or those claiming under Tenant, Tenant, within fifteen twenty (1520) days after notice of the filing thereof, will shall cause it the same to be vacated or discharged of record by payment, deposit, bond, order of the a court of competent jurisdiction or otherwise. If Lessee 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, Lessor may, but shall not be obligated to, discharge it 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, Lessor shall be entitled, if 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 allowancesor otherwise. Any amount so paid by Lessor Landlord, and all reasonable costs and expenses expenses, including, but not limited to, reasonable attorneys' fees and disbursements, incurred by Lessor Landlord 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, Lease from the respective dates of LessorLandlord's making of the payments and payment or incurring of the costs and expenses, shall constitute additional rent Additional Rent payable by Lessee Tenant under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demand.
Appears in 1 contract
Samples: Lease Agreement (Earthshell Corp)
Discharge of Liens. If any mechanic's, laborer's or materialman's lien shall at any time be is filed against the Premises or any part thereof, LesseeTenant, within fifteen thirty (1530) days after notice of the filing thereof, will shall cause it the same to be discharged of record by payment, deposit, bond, order of the court of competent jurisdiction or otherwiserecord. If Lessee shall fail Tenant 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, Lessor Landlord may, but shall not be obligated to, discharge it 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, Lessor shall Landlord shall, at its election, be entitled, if Lessor 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 Lessor Landlord, and all costs and expenses paid or incurred by Lessor 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 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 Lessor's making of the payments and incurring of the costs and expenses, shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demanddemand as Additional Rent hereunder.
Appears in 1 contract
Samples: Lease (Interstate General Co L P)
Discharge of Liens. If any mechanic'smechanics', laborer's laborers', or materialmanmaterialmen's lien (other than a District-Created Lien) shall at any 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, Lesseethe Tenant, within fifteen (15) 30 days after notice of the filing thereof, will shall elect to contest the same or cause it the same to be discharged of record by payment, deposit, bond, order of the a court of competent jurisdiction or otherwise. If Lessee 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, Lessor the District may, but shall not be obligated to, discharge it 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, Lessor event the District shall be entitled, if Lessor 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 Lessor the District and all costs and expenses incurred by Lessor the District in connection therewith, including reasonable attorneys' fees together with interest thereon, thereon at the rate of six one percent (61%) per annum if Lessee is an individual, partnership or joint venture and at above the prime rate of twelve percent (12%) per annum if Lessee is a corporationinterest quoted from time to time by Bank of America, New York, as Bank of America's Prime Rate, from the respective dates of Lessorthe District's making of the payments and payment or incurring of the costs cost and expensesexpense, shall constitute additional rent payable by Lessee the Tenant under this Ground Lease and shall be paid by Lessee the Tenant to Lessor on demandthe District within fifteen (15) days of written demand therefor.
Appears in 1 contract
Discharge of Liens. If any mechanic's, laborer's or materialman's lien lien, or notice of intention, or notice of refusal, shall at any time be filed against the Premises or any part thereof, Lesseeor against Landlord, Tenant, within fifteen (15) 15 days after notice of the filing thereof, will cause it to be discharged of record by payment, deposit, bond, order of the a court of competent jurisdiction or otherwise. If Lessee 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, Lessor Landlord may, but shall not be obligated to, discharge 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, Lessor Landlord shall be entitled, if Lessor 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 Lessor Landlord and all costs and expenses incurred by Lessor Landlord 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, Default Rate from the respective dates of LessorLandlord's making of the payments and incurring of the costs and expenses, shall constitute additional rent payable by Lessee Tenant under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demand.
Appears in 1 contract
Samples: Easylink Services Corp
Discharge of Liens. If any mechanic's, laborer's 's, or materialman's lien shall at any time be filed against the Premises Premises, the Property, or any part thereof, LesseeTenant, within fifteen thirty (1530) days after notice of the filing thereof, will cause it to be discharged of record by payment, payment deposit, bond, order of the a court of or competent jurisdiction or otherwise. If Lessee 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, Lessor Landlord may, but shall not be obligated toto , discharge 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, Lessor Landlord shall be entitled, if Lessor 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 Lessor Landlord and all costs and expenses including reasonable attorney fees incurred by Lessor Landlord in connection therewith, together with interest thereon, at the highest 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, permitted by law from the respective dates of LessorLandlord's making of the payments payment and incurring of the costs cost and expensesexpense, shall constitute additional rent Additional Rent payable by Lessee Tenant under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demand.
Appears in 1 contract
Samples: Agreement of Lease (Emtec Inc/Nj)
Discharge of Liens. If any mechanic's, laborer's or materialman's lien shall be filed ------------------ at any time be filed against the Premises or any part thereoftime, LesseeTenant, within fifteen (15) days after notice of the filing thereof, will cause it to be discharged of or record by payment, deposit, bond, order of the a court of competent jurisdiction or otherwise. If Lessee shall fail Tenant 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, Lessor Landlord may, but shall not be obligated to, discharge it either such lien 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, Lessor Landlord shall be entitled, if Lessor 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 Lessor Landlord and all costs and expenses incurred by Lessor Landlord in connection therewith, together with interest thereon, at the rate of six ten percent (610%) 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 LessorLandlord's making of the payments and incurring of the costs and expenses, shall constitute additional rent payable by Lessee Tenant under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demand.
Appears in 1 contract
Discharge of Liens. If any mechanic'smechanics, laborer's or materialman's lien shall at any time be filed against the Premises or any part thereof, LesseeTenant, within fifteen (15) days after notice of the filing thereof, will cause it to be discharged of record by payment, deposit, bond, order of the a court of competent jurisdiction or otherwise. If Lessee Tenant shall fail to cause such lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Lessor Landlord may, but shall not be obligated to, discharge 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, Lessor Landlord shall be entitled, if Lessor 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 Lessor Landlord and all costs and expenses incurred by Lessor Landlord 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, Default Rate from the respective dates of LessorLandlord's making of the payments and incurring of the costs and expensesexpense, shall constitute additional rent payable by Lessee Tenant under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demand.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)
Discharge of Liens. If Tenant shall cause any mechanic's’s, laborer's ’s or materialman's ’s lien shall at any time to be filed against the Premises or any part thereof, LesseeTenant, within fifteen thirty (1530) days after notice of the filing thereof, will shall cause it such lien to be discharged of record by payment, deposit, bond, order of the a court of competent jurisdiction or otherwise. If Lessee Tenant shall fail to cause such lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Lessor Landlord may, but shall not be obligated to, discharge it 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, Lessor Landlord shall be entitled, if Lessor 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 Lessor Xxxxxxxx and all costs and expenses incurred by Lessor Landlord 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 Lessor's Landlord’s making of the payments and incurring of the costs and expenses, shall constitute additional rent be payable by Lessee Tenant under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demand.
Appears in 1 contract
Samples: Lease and Asset Transfer Agreement
Discharge of Liens. If any mechanic's, laborer's 's, or materialmanmaterialmen's lien shall at any time be filed against the Premises Property by reason of any act or any part thereofomission of Tenant, LesseeTenant, within fifteen (15) days after notice of the filing thereof, will shall cause it the same to be discharged of record by payment, deposit, bond, bond or order of the a court of competent jurisdiction or otherwisejurisdiction. If Lessee Tenant shall fail to cause such discharge the same, Tenant shall be in immediate default of this Lease and then Landlord may discharge the lien to be discharged within the period aforesaid, then in addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge 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, Lessor . Landlord shall be entitled, if Lessor 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 Lessor Landlord and all costs and expenses incurred by Lessor Landlord in connection therewith, together with interest thereon, thereon from the date incurred at the highest 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 Lessor's making of the payments and incurring of the costs and expensespermitted under Massachusetts law, shall constitute additional rent Additional Rent payable by Lessee Tenant under this Lease and shall be paid by Lessee Tenant to Lessor Landlord on demand.
Appears in 1 contract
Samples: World Energy Solutions, Inc.
Discharge of Liens. If Tenant shall 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 shall at any time be filed against the Premises or any part thereofthe Building for work or materials furnished by or at Landlord’s request, Lessee, within fifteen (15) days after notice if Tenant is current in the payment of the filing thereof, will cause it to be discharged of record by payment, deposit, bond, order of the court of competent jurisdiction or otherwiseall obligations owed Landlord. If Lessee 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, Lessor Landlord may, but shall not be obligated to, discharge it 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, Lessor Landlord shall be entitled, if Lessor 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 Lessor and all costs and expenses incurred by Lessor Landlord, including, but not limited to, attorneys’ fees in connection therewith, together with interest thereon, at the rate of six percent (6%) per annum if Lessee is an individual, partnership processing such discharge or joint venture and at the rate of twelve percent (12%) per annum if Lessee is a corporation, from the respective dates of Lessor's making of the payments and incurring of the costs and expenses, shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demandin defending any such action.
Appears in 1 contract
Samples: Lease (Danger Inc)
Discharge of Liens. If any mechanic'smechanics', laborer's laborers', or materialmanmaterialmen's lien (other than a District-Created Lien) shall at any 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, Lesseethe Company, within fifteen (15) 30 days after notice of the filing thereof, will shall elect to contest the same or cause it the same to be discharged of record by payment, deposit, bond, order of the a court of competent jurisdiction or otherwise. If Lessee 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, Lessor the District may, but shall not be obligated to, discharge it 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, Lessor event the District shall be entitled, if Lessor 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 Lessor the District and all costs and expenses incurred by Lessor the District in connection therewith, including reasonable attorneys' fees together with interest thereon, thereon at the rate of six one percent (61%) per annum if Lessee is an individual, partnership or joint venture and at above the prime rate of twelve percent (12%) per annum if Lessee is a corporationinterest quoted from time to time by Bank of America, New York, as Bank of America's Prime Rate, from the respective dates of Lessorthe District's making of the payments and payment or incurring of the costs cost and expensesexpense, shall constitute additional rent payable by Lessee the Company under this Ground Lease and shall be paid by Lessee the Company to Lessor on demandthe District within fifteen (15) days of written demand therefor.
Appears in 1 contract