Common use of DISCLAIMER OF LIENS Clause in Contracts

DISCLAIMER OF LIENS. Company agrees not to encumber the Premises indirectly or directly without prior written consent by Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company to the Premises. Company is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Premises or common use areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 16 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

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DISCLAIMER OF LIENS. The Company agrees not to encumber the Premises indirectly or directly without prior written consent by the Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of the Authority in the Premises and common use areas Common Use Areas will not be subject to liens for any work, labor, materials or improvements made by or for the Company to the its Premises, whether or not the same is made or done in accordance with an agreement between the Authority and the Company, and it is specifically understood and agreed that in no event will the Authority or the interest of the Authority in the Premises or common use areas Common Use Areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for the Company to the its Premises. The Company is specifically prohibited from subjecting the Authority’s interest in the Premises or common use areas Common Use Areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for the Company or for any materials, improvements or work for which the Company is responsible for payment. The Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Premises or common use areas Common Use Areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between the Authority and the Company, the Company will cause any such lien to be discharged of record within 30 thirty (30) days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to the Authority, security reasonably satisfactory to the Authority to secure payment of such lien, if requested by the Authority, while the Company contests to conclusion the claim giving rise to such lien. The Company will furnish releases or waivers as may be required to satisfy the Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, the Authority may require the Company, at the Company’s expense, to indemnify Authority, the Authority and its Board Members, officers, employees, agents, servants and volunteers Indemnified Parties against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable lawApplicable Laws, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 12 contracts

Samples: Service Equipment Facilities Space Rental Agreement, Hillsborough County Aviation Authority, Hillsborough County Aviation Authority

DISCLAIMER OF LIENS. The Company agrees not to encumber the its Company Premises indirectly or directly without prior written consent by Authority and to keep the Company Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Company Premises and common use areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the its Company Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Company Premises or common use areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company to the its Company Premises. The Company is specifically prohibited from subjecting Authority’s interest in the Company Premises or common use areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. The Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Company Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Company Premises or common use areas for any work, labor or materials furnished to the Company Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 thirty (30) days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. The Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, Authority and its Board Members, officers, employees, agents, servants and volunteers Indemnified Parties against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable lawApplicable Laws, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 6 contracts

Samples: Use and Lease Agreement, Space Rental Agreement, Space Rental Agreement

DISCLAIMER OF LIENS. Company agrees not to encumber the Premises indirectly or directly without prior written consent by of Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas Common Use Areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas Common Use Areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company to the Premises. Company is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas Common Use Areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. Company will indemnify and hold Authority harmless for any expense or cost associated with any lien or claim of lien that may be filed against the Premises, the Common Use Areas, or Authority, including attorney fees incurred by Authority. Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Premises or common use areas Common Use Areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 5 contracts

Samples: Hillsborough County Aviation Authority, Rental Agreement, Hillsborough County Aviation Authority

DISCLAIMER OF LIENS. The Company agrees not to encumber the its Company Premises indirectly or directly without prior written consent by Authority and to keep the Company Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Company Premises and common use areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the its Company Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Company Premises or common use areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company to the its Company Premises. The Company is specifically prohibited from subjecting Authority’s interest in the Company Premises or common use areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. The Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Company Premises. SAMPLE In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Company Premises or common use areas for any work, labor or materials furnished to the Company Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 thirty (30) days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. The Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, Authority and its Board Members, officers, employees, agents, servants and volunteers Indemnified Parties against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable lawApplicable Laws, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 5 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

DISCLAIMER OF LIENS. Company agrees not to encumber the Premises indirectly or directly without prior written consent by Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas Common Use Areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas Common Use Areas be liable for or subjected to any construction, mechanics', materialmen’s, suppliers’, professional, or laborers’ or equitable ' liens for materials furnished or improvements, labor or work made by or for Company to the Premises. Company is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas Common Use Areas to any construction, mechanics’, materialmen’s, suppliers’, professional, or laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. Company will indemnify and hold Authority harmless for any expense or cost associated with any lien or claim of lien that may be filed against the Premises, the Common Use Areas, or Authority, including attorney fees incurred by Authority. Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics', laborers', materialmen’s, suppliers’, professional, laborers’, equitable ’s or other lien or notice of lien is filed against any portion of the Premises or common use areas Common Use Areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 2 contracts

Samples: Hillsborough County Aviation Authority, Hillsborough County Aviation Authority

DISCLAIMER OF LIENS. Company agrees not to encumber the Premises indirectly or directly without prior written consent by Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas be liable for or subjected to any construction, mechanics', materialmen’s, suppliers’, professional, or laborers’ or equitable ' liens for materials furnished or improvements, labor or work made by or for Company to the Premises. Company is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas to any construction, mechanics’, materialmen’s, suppliers’, professional, or laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. Company will indemnify and hold Authority harmless for any expense or cost associated with any lien or claim of lien that may be filed against the Premises, the common use areas, or Authority, including attorney fees incurred by Authority. Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics', laborers', materialmen’s, suppliers’, professional, laborers’, equitable ’s or other lien or notice of lien is filed against any portion of the Premises or common use areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 1 contract

Samples: Space Rental Agreement

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DISCLAIMER OF LIENS. Company agrees not to encumber the Premises indirectly or directly without prior written consent by Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company to the Premises. Company is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Premises or common use areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants servants, and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 1 contract

Samples: Ground Lease Agreement

DISCLAIMER OF LIENS. Company agrees not to encumber the Premises indirectly or directly without prior written consent by Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas Common Areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas Common Areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company to the Premises. Company is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas Common Areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Premises or common use areas Common Areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 1 contract

Samples: Ground Lease Agreement

DISCLAIMER OF LIENS. Company Xxxxxx agrees not to encumber the Premises indirectly or directly without prior written consent by Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas will not be subject to liens for any work, labor, materials or improvements made by or for Company Lessee to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and CompanyLessee, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company Lessee to the Premises. Company Lessee is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company Lessee or for any materials, improvements or work for which Company Lessee is responsible for payment. Company Lessee will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Premises or common use areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and CompanyLessee, Company Lessee will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a reputable title company Lessee or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company Xxxxxx contests to conclusion the claim giving rise to such lien. Company Lessee will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require CompanyLessee will, at CompanyXxxxxx’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 1 contract

Samples: Hillsborough County Aviation Authority

DISCLAIMER OF LIENS. Company agrees not to encumber the Premises indirectly or directly without prior written consent by of Authority and to keep the Premises free from all encumbrances, including but not limited to, mortgages, pledges, liens (equitable or otherwise), charges, security interests or other claims of any nature. The interest of Authority in the Premises and common use areas Common Use Areas will not be subject to liens for any work, labor, materials or improvements made by or for Company to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, and it is specifically understood and agreed that in no event will Authority or the interest of Authority in the Premises or common use areas Common Use Areas be liable for or subjected to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for materials furnished or improvements, labor or work made by or for Company to the Premises. Company is specifically prohibited from subjecting Authority’s interest in the Premises or common use areas Common Use Areas to any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’ or equitable liens for improvements made by or for Company or for any materials, improvements or work for which Company is responsible for payment. Company will indemnify and hold Authority harmless for any expense or cost associated with any lien or claim of lien that may be filed against the Premises, the Common Use Areas, or Authority, including attorney fees incurred by Authority. Company will provide notice of this disclaimer of liens to any and all contractors or subcontractors providing any materials or making any improvements to the Premises. In the event any construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other lien or notice of lien is filed against any portion of the Premises or common use areas Common Use Areas for any work, labor or materials furnished to the Premises, whether or not the same is made or done in accordance with an agreement between Authority and Company, Company will cause any such lien to be discharged of record within 30 days after notice of filing thereof by payment, bond or otherwise or by posting with a North Cargo Space Rental Agreement - 25 - September 28, 2017 LGSTX SERVICES, INC. reputable title company or other escrow agent acceptable to Authority, security reasonably satisfactory to Authority to secure payment of such lien, if requested by Authority, while Company contests to conclusion the claim giving rise to such lien. Company will furnish releases or waivers as may be required to satisfy Authority that there are no outstanding claims or liens. To the maximum extent permitted by Florida law, Authority may require Company, at Company’s expense, to indemnify Authority, its Board Members, officers, employees, agents, servants and volunteers against any such construction, mechanics’, materialmen’s, suppliers’, professional, laborers’, equitable or other liens or claims and the attorney’s fees and legal costs that could be incurred defending against such liens or claims. This obligation to indemnify and hold harmless will be construed separately and independently. It is the Parties’ mutual intent that if this clause is found to be in conflict with applicable law, the clause will be considered modified by such law to the extent necessary to remedy the conflict.

Appears in 1 contract

Samples: Hillsborough County Aviation Authority

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