Common use of Discharge of Liens Clause in Contracts

Discharge of Liens. If any mechanics’, laborers’, or materialmen’s lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in the Project Site or any part thereof in connection with the Project or the Tenant’s activities thereon, the Tenant, within 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 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 remedy of the District hereunder, the 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 the District shall be entitled, if the District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor with interest, attorneys’ fees, costs, and allowances. Any amount so paid by the District and all costs and expenses incurred by the District in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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 the District’s making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand therefor.

Appears in 1 contract

Samples: Ground Lease Agreement With Option to Purchase (Pinnacle Entertainment Inc)

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Discharge of Liens. If Lessee shall discharge of record by bond or ------------------- otherwise within ten (10) days following the date whereupon Lessee learns of the filing of any mechanics’, laborers’, mechanic's or materialmen’s similar lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in Premises for work or materials claimed to have been furnished at Lessee's instance to or for the Project Site or any part thereof in connection with benefit of Lessee and/or the Project or the Tenant’s activities thereon, the Tenant, within 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 otherwisePremises. If the Tenant does not contest such lien and Lessee shall fail to cause such lien or claim of lien to be so discharged or bonded within the period aforesaid, thensuch period, in addition to any other right or remedy of the District hereunderit may have, the District 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 or claim by deposit in court or by bonding proceedingsbonding, and and, in any such event the District event, Lessor shall be entitled, if the District Lessor so elects, to compel the prosecution of an any action for the foreclosure of such lien or claim by the lienor lien or claimant and to pay the amount of the judgment, if any, in favor of the lien or, with interest, attorneys’ fees, costs, costs and allowances. Any amount Lessee shall pay as additional rent, on demand from time to time, any sum or sums so paid by the District Lessor and all costs and expenses incurred by Lessor, including, but not limited to, attorneys' fees and expenses in prosecuting such discharge or in defending any such action. Notwithstanding the District in connection therewithforegoing, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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 the District’s making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and Lessee shall be paid entitled to dispute any such liens against the Premises so long as Lessee secures it obligations by the Tenant posting a security bond or other security reasonably acceptable to the District within fifteen (15) days of written demand thereforLessor.

Appears in 1 contract

Samples: Lease Agreement (Chancellor Corp)

Discharge of Liens. If any mechanics’, laborers’, or materialmen’s mechanic's lien (other than a District-Created Lien) shall be filed ------------------ at any time be filed against the District’s interest in the Project Site or any part thereof in connection with the Project or the Tenant’s activities thereontime, the Tenant, within 30 fifteen (15) days after notice of the filing thereof, shall elect to contest the same or will cause the same it to be discharged of or 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 fails to cause any such lien to be discharged within the period aforesaidsuch fifteen (15) day period, then, in addition to any other right or remedy of the District hereunderremedy, the District Landlord may, but shall not be obligated to, discharge the same 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 the District event, Landlord shall be entitled, if the District Landlord so elects, to compel the prosecution of an any action for the foreclosure of such lien by the lienor with interest, attorneys’ fees, costs, costs and allowances. Any amount so paid by the District Landlord and all costs and expenses incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon thereon, at one the rate of ten percent (110%) 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 the District’s Landlord's making of the payment or payments and incurring of the cost costs and expenseexpenses, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Measurement Specialties Inc)

Discharge of Liens. If Tenant shall discharge of record by bond or otherwise within ten (10) days following the filing thereof any mechanics’, laborers’, mechanic’s or materialmen’s similar lien (other than a District-Created Lien) shall at any time be filed against the DistrictPremises, 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 interest or similar lien filed against the Premises or the Building for work or materials furnished by or at Landlord’s request, if Tenant is current in the Project Site or any part thereof in connection with the Project or the Tenant’s activities thereon, the Tenant, within 30 days after notice payment 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 otherwiseall obligations owed Landlord. If the Tenant does not contest such lien and shall fail to cause such lien or claim of lien to be so discharged or bonded within the period aforesaid, thensuch period, in addition to any other right or remedy of the District hereunderit may have, the District 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 or claim by deposit in court or by bonding proceedingsbonding, and in any such event the District event, Landlord shall be entitled, if the District Landlord so elects, to compel the prosecution of an any action for the foreclosure of such lien or claim by the lienor or claimant and to pay the amount of the judgment, if any, in favor of the lienor, with interest, attorneys’ fees, costs, and allowances. Any amount so paid by the District and all costs and expenses incurred by the District in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the prime rate of interest quoted Tenant shall pay as additional rent on demand from time to time by Bank of America, New York, as Bank of America’s Prime Rate, from the respective dates of the District’s making of the payment any sum or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be sums so paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord, including, but not limited to, attorneys’ fees in processing such discharge or in defending any such action.

Appears in 1 contract

Samples: Lease Agreement (Danger Inc)

Discharge of Liens. If any mechanics’mechanic's, laborers’laborer's or materialman's lien, or materialmen’s lien (other than a District-Created Lien) notice of intention, or notice of refusal, shall at any time be filed against the District’s interest in the Project Site Premises or any part thereof in connection with the Project thereof, or the Tenant’s activities thereonagainst Landlord, the Tenant, within 30 15 days after notice of the filing thereof, shall elect to contest the same or will cause the same it 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 or notice to be discharged within the period aforesaid, then, in addition to any other right or remedy of the District hereunderremedy, the District Landlord may, but shall not be obligated to, discharge the same 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 the District event, Landlord shall be entitled, if the District Landlord so elects, to compel the prosecution of an 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, attorneys’ fees, costs, costs and allowances. Any amount so paid by the District Landlord and all costs and expenses incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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, Default Rate from the respective dates of the District’s Landlord's making of the payment or payments and incurring of the cost costs and expenseexpenses, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Easylink Services Corp)

Discharge of Liens. If any mechanics’mechanic's, laborers’, laborer's or materialmen’s materialman's lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in the Project Site Premises or any part thereof in connection with the Project or the Tenant’s activities thereonthereof, the TenantLessee, within 30 fifteen (15) days after notice of the filing thereof, shall elect to contest the same or will cause the same it to be discharged of record by payment, deposit, bond, order of a the court of competent jurisdiction or otherwise. If the Tenant does not contest such lien and Lessee shall fail to cause such lien to be discharged within the period aforesaid, then, then in addition to any other right or remedy of the District hereunderremedy, the District Lessor may, but shall not be obligated to, discharge the same 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 the District event, Lessor shall be entitled, if the District Lessor so elects, to compel the prosecution of an 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, attorneys’ fees, costs, costs and allowances. Any amount so paid by the District Lessor and all costs and expenses incurred by the District Lessor in connection therewith, including reasonable attorneys’ fees together with interest thereon thereon, at one the rate of six percent (16%) per annum above if Lessee is an individual, partnership or joint venture and at the prime rate of interest quoted from time to time by Bank of America, New York, as Bank of America’s Prime Ratetwelve percent (12%) per annum if Lessee is a corporation, from the respective dates of the District’s Lessor's making of the payment or payments and incurring of the cost costs and expenseexpenses, shall constitute additional rent payable by the Tenant Lessee under this Ground Lease and shall be paid by the Tenant Lessee to the District within fifteen (15) days of written demand thereforLessor on demand.

Appears in 1 contract

Samples: Lease Agreement (Sauer Inc)

Discharge of Liens. If Tenant shall cause any mechanics’mechanic’s, laborers’, laborer’s or materialmenmaterialman’s lien (other than a District-Created Lien) shall at any time to be filed against the District’s interest in the Project Site Premises or any part thereof in connection with the Project or the Tenant’s activities thereonthereof, the Tenant, within 30 thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same such lien 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, then in addition to any other right or remedy of the District hereunderremedy, the District Landlord may, but shall not be obligated to, discharge the same 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 the District event, Landlord shall be entitled, if the District Landlord so elects, to compel the prosecution of an 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, attorneys’ fees, costs, costs and allowances. Any amount so paid by the District Xxxxxxxx and all costs and expenses incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon at one the rate of six percent (16%) 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 the DistrictLandlord’s making of the payment or payments and incurring of the cost costs and expenseexpenses, shall constitute additional rent be payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease and Asset Transfer Agreement

Discharge of Liens. If Tenant shall discharge of record by bond or otherwise within ten (10) days following the filing thereof any mechanics’, laborers’, mechanic's or materialmen’s similar lien (other than a District-Created Lien) shall at any time be filed against the District’s interest 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 filed against the Premises or the Building for work or materials furnished by or at Landlord's request, if Tenant is current in the Project Site or any part thereof in connection with the Project or the Tenant’s activities thereon, the Tenant, within 30 days after notice payment 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 otherwiseall obligations owed Landlord. If the Tenant does not contest such lien and shall fail to cause such lien or claim of lien to be so discharged or bonded within the period aforesaid, thensuch period, in addition to any other right or remedy of the District hereunderit may have, the District 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 or claim by deposit in court or by bonding proceedingsbonding, and in any such event the District event, Landlord shall be entitled, if the District Landlord so elects, to compel the prosecution of an any action for the foreclosure of such lien or claim by the lienor or claimant and to pay the amount of the judgment, if any, in favor of the lienor, with interest, attorneys’ fees, costs, and allowances. Any amount so paid by the District and all costs and expenses incurred by the District in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the prime rate of interest quoted Tenant shall pay as additional rent on demand from time to time by Bank of America, New York, as Bank of America’s Prime Rate, from the respective dates of the District’s making of the payment any sum or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be sums so paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord, including, but not limited to, attorneys' fees in processing such discharge or in defending any such action.

Appears in 1 contract

Samples: Lease Agreement (Logisticare Inc)

Discharge of Liens. If Tenant shall cause any mechanics’mechanic’s, laborers’, laborer’s or materialmenmaterialman’s lien (other than a District-Created Lien) shall at any time to be filed against the District’s interest in the Project Site Premises or any part thereof in connection with the Project or the Tenant’s activities thereonthereof, the Tenant, within 30 thirty (30) days after notice of the filing thereof, shall elect to contest the same or cause the same such lien 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, then in addition to any other right or remedy of the District hereunderremedy, the District Landlord may, but shall not be obligated to, discharge the same 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 the District event, Landlord shall be entitled, if the District Landlord so elects, to compel the prosecution of an 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, attorneys’ fees, costs, costs and allowances. Any amount so paid by the District Landlord and all costs and expenses incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon at one the rate of six percent (16%) 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 the DistrictLandlord’s making of the payment or payments and incurring of the cost costs and expenseexpenses, shall constitute additional rent be payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease and Asset Transfer Agreement

Discharge of Liens. If any mechanics’mechanic's, laborers’laborer's, or materialmen’s 's lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in the Project Site Property by reason of any act or any part thereof in connection with the Project or the omission of Tenant’s activities thereon, the Tenant, within 30 fifteen (15) 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, bond or order of a court of competent jurisdiction or otherwisejurisdiction. 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 remedy of the District hereunder, the District may, but shall not be obligated to, discharge the same same, Tenant shall be in immediate default of this Lease and then Landlord may discharge the 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 District . Landlord shall be entitled, if the District 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, attorneys’ fees, costs, costs and allowances. Any amount so paid by the District Landlord and all costs and expenses incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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 date incurred at the District’s making of the payment or incurring of the cost and expensehighest rate permitted under Massachusetts law, shall constitute additional rent Additional Rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease (World Energy Solutions, Inc.)

Discharge of Liens. If The Tenant shall promptly pay all of its contractors and suppliers and shall do any mechanics’, laborers’, and all things necessary so as to minimize the possibility of a lien attaching to the Lands and should any such lien be made or materialmen’s lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in the Project Site or any part thereof in connection with the Project or the Tenant’s activities thereonfiled, the Tenant, Tenant shall discharge it within 30 10 days after notice following the date of the filing thereofregistration of such lien, shall elect to provided however that the Tenant may contest the same or cause the same to be discharged validity of record by payment, deposit, bond, any such lien and in so doing shall obtain an order of a court of competent jurisdiction discharging the lien from the title to the Lands by payment into Court or otherwiseby furnishing to the Landlord security satisfactory to the Landlord in nature and amount against all loss or damage which the Landlord might suffer or incur thereby. If the Tenant does not contest such lien and shall fail to cause such lien to be discharged within the period aforesaiddischarge any lien, then, then in addition to any other right or remedy of the District hereunderLandlord, the District Landlord may, but it shall not be obligated toso obligated, discharge the same either lien by paying the amount claimed to be due or by procuring into Court and the discharge of such lien by deposit or by bonding proceedings, and in any such event the District shall be entitled, if the District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor with interest, attorneys’ fees, costs, and allowances. Any amount so paid by the District and Landlord together with all costs and expenses including solicitor’s fees (on a solicitor and his client basis) incurred by for the District in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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 discharge of the District’s making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and lien shall be paid due and payable by the Tenant to the District within fifteen (15) days of written demand thereforLandlord as Additional Rent on demand.

Appears in 1 contract

Samples: Lease Agreement (Ehave, Inc.)

Discharge of Liens. If any mechanics’mechanic's, laborers’laborer's, materialman's or materialmen’s other lien (other than a District-Created Lien) shall at any time shall be filed or permitted to exist against the District’s interest in the Project Site Premises by reason of any work, labor or any part thereof in connection with the Project services performed or the materials furnished, or claimed to have been performed or furnished, to or on behalf of Tenant or those claiming under Tenant’s activities thereon, the Tenant, within 30 twenty (20) days after notice of the filing thereof, shall elect to contest the same or cause the same to be vacated or 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 vacated or discharged within the period aforesaidsuch period, thenLandlord, in addition to any other right or remedy of the District Landlord hereunder, the 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 the District shall be entitled, if the District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor with interest, attorneys’ fees, costs, and allowancesor otherwise. Any amount so paid by the District Landlord, and all reasonable costs and expenses expenses, including, but not limited to, reasonable attorneys' fees and disbursements, incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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, Lease from the respective dates of the District’s Landlord's making of the payment or incurring of the cost costs and expenseexpenses, shall constitute additional rent Additional Rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Earthshell Corp)

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Discharge of Liens. If any mechanics, laborers’, laborer's or materialmen’s materialman's lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in the Project Site Premises or any part thereof in connection with the Project or the Tenant’s activities thereonthereof, the Tenant, within 30 fifteen days after notice of the filing thereof, shall elect to contest the same or will cause the same it 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, then in addition to any other right or remedy of the District hereunderremedy, the District Landlord may, but shall not be obligated to, discharge the same 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 the District event, Landlord shall be entitled, if the District Landlord so elects, elects to compel the prosecution of an 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, attorneys’ fees, costs, costs and allowances. Any amount so paid by the District Landlord and all costs and expenses incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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, Default Rate from the respective dates of the District’s Landlord's making of the payment or payments and incurring of the cost costs and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease Amendment and Novation Agreement (Maxtor Corp)

Discharge of Liens. If any mechanics’, laborers’, or materialmen’s lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in the Project Site or any part thereof in connection with the Project or the Tenant’s activities thereon, the Tenant, within 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 Tenant does not contest such lien and shall fail to cause such lien to be discharged within the period aforesaid, then, then in addition to any other right or remedy of the District hereunder, the 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 the District shall be entitled, if the District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor with interest, attorneys’ fees, costs, and allowances. Any amount so paid by the District and all costs and expenses incurred by the District in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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 the District’s making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand therefor.

Appears in 1 contract

Samples: Ground Lease Agreement (Pinnacle Entertainment Inc)

Discharge of Liens. If any mechanics’mechanic's, laborers’laborer's, or materialmen’s materialman's lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in Premises, the Project Site Property, or any part thereof in connection with the Project or the Tenant’s activities thereonthereof, the Tenant, within 30 thirty (30) days after notice of the filing thereof, shall elect to contest the same or will cause the same it to be discharged of record by payment, payment deposit, bond, order of a court of or 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 aforesaid30-day period, then, then in addition to any other right or remedy of the District hereunderremedy, the District Landlord may, but shall not be obligated toto , discharge the same it either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. In any event, and in any such event the District Landlord shall be entitled, if the District Landlord so elects, to compel the prosecution of an any action for the foreclosure of such lien by the lienor and to pay the amount of the judgement in favor of the lienor with interest, attorneys’ fees, costs, and allowances. Any amount so paid by the District Landlord and all costs and expenses including reasonable attorney fees incurred by the District Landlord in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) per annum above the prime highest rate of interest quoted from time to time permitted by Bank of America, New York, as Bank of America’s Prime Rate, law from the respective dates of the District’s Landlord's making of the payment or and incurring of the cost and expense, shall constitute additional rent Additional Rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand thereforLandlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Emtec Inc/Nj)

Discharge of Liens. If any mechanics', laborers', or materialmen’s 's lien (other than a District-Created Lien) shall at any time be filed against the District’s 's interest in the Project Site Facilities or Project Land or any part thereof in connection with the Project or the Tenant’s Company's activities thereon, the TenantCompany, within 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 Tenant Company does not contest such lien and shall fail to cause such lien to be discharged within the period aforesaid, then, then in addition to any other right or remedy of the District hereunder, the 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 the District shall be entitled, if the District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor with interest, attorneys' fees, costs, and allowances. Any amount so paid by the District and all costs and expenses incurred by the District in connection therewith, including reasonable attorneys' fees together with interest thereon at one percent (1%) per annum above the prime rate of interest quoted from time to time by Bank of America, New York, as Bank of America’s 's Prime Rate, from the respective dates of the District’s 's making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant Company under this Ground Lease and shall be paid by the Tenant Company to the District within fifteen (15) days of written demand therefor.

Appears in 1 contract

Samples: Credit Agreement (Global Industries LTD)

Discharge of Liens. If any mechanics’mechanic's, laborers’, laborer's or materialmen’s materialman's lien (other than a District-Created Lien) shall at any time be is filed against the District’s interest in the Project Site Premises or any part thereof in connection with the Project or the Tenant’s activities thereonthereof, the Tenant, within 30 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 otherwiserecord. If the Tenant does not contest such lien and shall fail fails to cause such lien to be timely discharged within the period aforesaid, then, in addition to any all other right or remedy of the District hereunderrights and remedies, the District 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, proceedings and in any such event the District shall event, Landlord shall, at its election, be entitled, if the District so elects, entitled to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount to the judgment in favor of the lienor, with interest, attorneys’ fees, costs, 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 the District Landlord, and all costs and expenses paid or incurred by the District Landlord in connection therewithwith any or all of the foregoing, including but not limited to reasonable attorneys’ attorney's fees and costs of litigation, together with interest thereon at one percent (1%) per annum above the prime rate of interest quoted from time to time by Bank of Americathereon, New York, as Bank of America’s Prime Rate, from the respective dates of the District’s making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written Landlord on demand thereforas Additional Rent hereunder.

Appears in 1 contract

Samples: Lease (Interstate General Co L P)

Discharge of Liens. If any mechanics', laborers', or materialmen’s 's lien (other than a District-Created Lien) shall at any time be filed against the District’s 's interest in the Project Site or any part thereof in connection with the Project or the Tenant’s 's activities thereon, the Tenant, within 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 Tenant does not contest such lien and shall fail to cause such lien to be discharged within the period aforesaid, then, then in addition to any other right or remedy of the District hereunder, the 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 the District shall be entitled, if the District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor with interest, attorneys' fees, costs, and allowances. Any amount so paid by the District and all costs and expenses incurred by the District in connection therewith, including reasonable attorneys' fees together with interest thereon at one percent (1%) per annum above the prime rate of interest quoted from time to time by Bank of America, New York, as Bank of America’s 's Prime Rate, from the respective dates of the District’s 's making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and shall be paid by the Tenant to the District within fifteen (15) days of written demand therefor.

Appears in 1 contract

Samples: Ground Lease Agreement (Unifab International Inc)

Discharge of Liens. If The Tenant shall promptly pay all of its contractors and suppliers and shall do any mechanics’, laborers’, and all things necessary so as to minimize the possibility of a lien attaching to the Lands and should any such lien be made or materialmen’s lien (other than a District-Created Lien) shall at any time be filed against the District’s interest in the Project Site or any part thereof in connection with the Project or the Tenant’s activities thereonfiled, the Tenant, Tenant shall discharge it within 30 [*****] days after notice following the date of the filing thereofregistration of such lien, shall elect to provided however that the Tenant may contest the same or cause the same to be discharged validity of record by payment, deposit, bond, any such lien and in so doing shall obtain an order of a court of competent jurisdiction discharging the lien from the title to the Lands by payment into Court or otherwiseby furnishing to the Landlord security satisfactory to the Landlord in nature and amount against all loss or damage which the Landlord might suffer or incur thereby. If the Tenant does not contest such lien and shall fail to cause such lien to be discharged within the period aforesaiddischarge any lien, then, then in addition to any other right or remedy of the District hereunderLandlord, the District Landlord may, but it shall not be obligated toso obligated, discharge the same either lien by paying the amount claimed to be due or by procuring into Court and the discharge of such lien by deposit or by bonding proceedings, and in any such event the District shall be entitled, if the District so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor with interest, attorneys’ fees, costs, and allowances. Any amount so paid by the District and Landlord together with all costs and expenses including solicitor’s fees (on a solicitor and his client basis) incurred by for the District in connection therewith, including reasonable attorneys’ fees together with interest thereon at one percent (1%) 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 discharge of the District’s making of the payment or incurring of the cost and expense, shall constitute additional rent payable by the Tenant under this Ground Lease and lien shall be paid due and payable by the Tenant to the District within fifteen (15) days of written demand thereforLandlord as Additional Rent on demand.

Appears in 1 contract

Samples: Lease Agreement (Oxus Acquisition Corp.)

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