Common use of ENCUMBERING TITLE Clause in Contracts

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the Premises, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, by virtue of any express or implied contract by Tenant or by reason of any other act or omission of Tenant. Any claim to, or lien upon the Premises arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises and the interest of Landlord in the Premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises to become subject to any mechanic's or other lien, charge or order for the payment of money filed against Landlord or Prime Landlord as a result of any act or omission of Tenant; provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant of the filing thereof; and Tenant shall indemnify and save and hold harmless Landlord, and if so required by the Prime Lease, Prime Landlord, against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefrom.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Metaldyne Corp), Metaldyne Corp, Asset Purchase Agreement (Trimas Co LLC)

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ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Tenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of nonpayment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

ENCUMBERING TITLE. Tenant Lessee shall not do any act which shall in any way encumber the title of Prime Landlord Lessor in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord Lessor or Landlord Lessor be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Lessee, or by reason of any other act or omission of TenantLessee. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Lessee shall accrue only against the subleasehold estate of Tenant Lessee and shall be subject and subordinate to the paramount title and rights of Prime Landlord Lessor in and to the Premises Building and the Property and the interest of Landlord Lessor in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Lessee shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Lessee or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Lessee in connection with work of any act character performed or omission of Tenant; claimed to have been performed on the Premises by, or at the direction or sufferance of, Lessee, provided, however, that if so permitted under the Prime Lease, Tenant Lessee shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Lessee shall give to Prime Lessor and Lessor such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of nonpayment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Lessee shall immediately pay any judgment rendered, with all property costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 2 contracts

Samples: Integrated Information Systems Inc, Action Performance Companies Inc

ENCUMBERING TITLE. Tenant Subtenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding, nor shall the interest or estate of Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Sublease Premises or the Building arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublandlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises Sublease Premises, the Building or the Property to become subject to any mechanic's mechanics’, laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Subtenant or Prime Landlord as a result claimed to have been furnished to Subtenant in connection with work of any act character performed or omission of Tenant; claimed to have been performed on the Sublease Premises by, or at the direction or sufferance of, Subtenant, provided, however, that if so permitted under the Prime Lease, Tenant Subtenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Subtenant shall give to Prime Landlord and Sublandlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Sublease Premises, the Building of the Property by reason of non-payment thereof, provided further, however, that Tenant shallon final determination of the lien or claimed lien, at Subtenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. Sublandlord shall have the right to satisfy any lien as Sublandlord, in its own cost and expense, cause sole discretion deems necessary to prevent a default under the same Prime Lease or otherwise to be discharged protect the interests of record or bonded within thirty (30) days after written notice from Landlord Sublandlord or Prime Landlord to Tenant of the filing thereof; and Tenant shall indemnify and save and hold harmless Landlord, and if so required by the Prime Lease, Prime Landlord, against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefrom.

Appears in 1 contract

Samples: Sublease (Integral Systems Inc /Md/)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanic's mechanics’, laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Tenant or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Presbia PLC

ENCUMBERING TITLE. Tenant Subtenant shall not do any act which shall in any way encumber or adversely affect the title of the Prime Landlord in and to the PremisesBuilding, the parcel or parcels of land upon which it is located, and any other buildings and/or improvements to such land (“Property”), nor shall the interest or estate of the Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of the Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublandlord in the Premises leased pursuant to the Prime LeaseLease Premises. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanic's or other lien, charge or order for the payment of money filed against Landlord or Prime Landlord as a result lien of any act mechanics, laborers or omission materialmen on account of Tenantlabor or material furnished to Subtenant or claimed to have been furnished to Subtenant in connection with work of any character performed or claimed to have been performed on the Premises by, or at the direction or sufferance of Subtenant; provided, however, that if so permitted under the Prime Lease, Tenant and subject to any conditions imposed therein, Subtenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Subtenant shall give to the Prime Landlord and Sublandlord such security as may be required under the Prime Lease, or if none is specified, such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property or a termination of the Prime Lease by reason of non-payment thereof and the existence of any lien or claim of lien; provided further, however, that Tenant shallon final determination of the lien or claim of lien, at its own cost and expense, cause the same to be discharged of record or bonded Subtenant shall within thirty ten (3010) days after written from notice from Landlord or Prime Landlord to Tenant of the filing thereof; thereof pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: April 2012 Letter Agreement (Chiasma, Inc)

ENCUMBERING TITLE. Tenant Subtenant shall not do any act which that shall in any way ----------------- encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises PBOS Licensed/Subleased Area, the Building or the Property arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublandlord in the Premises leased pursuant to the Prime LeasePremises. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises PBOS Licensed/Subleased Area, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Subtenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Subtenant in connection with work of any act character performed or omission of Tenantclaimed to have been performed on the PBOS Licensed/Subleased Area by Subtenant or Subtenant's Representatives; provided, -------- however, that if so permitted to Sublandlord under the Prime Lease, Tenant Subtenant shall ------- have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lienlien if Subtenant shall give to Prime Landlord and Sublandlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the PBOS Licensed/Subleased Area, the Building or the Property by reason of nonpayment thereof; provided provided, further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and Tenant shall indemnify and save and hold harmless Landlord, and if so required by the Prime Lease, Prime Landlord, against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefrom.-------- -------

Appears in 1 contract

Samples: Sublease and License Agreement (Pitney Bowes Office Systems Inc)

ENCUMBERING TITLE. Tenant Subtenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublandlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers, or materialmen's lien on account of labor or other lien, charge material furnished to Subtenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Subtenant in connection with work of any act character performed or omission of Tenant; providedclaimed to have been performed on the Premises by, howeveror at the direction or sufferance of, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of Subtenant. If any such lien is filed against the Premises, the Building or claimed lien; provided furtherthe Property on which it is situated, however, that Tenant shall, at its own cost and expense, Subtenant shall cause the same to be discharged of record discharged, by payment, bonding or bonded otherwise, within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant of the filing thereof; , and Tenant shall indemnify and save and hold harmless LandlordSublandlord and Prime Landlord with respect to any costs, expenses (including, without limitation, attorneys' fees and expenses), losses, damages and liabilities in connection therewith. Sublandlord shall give Subtenant prompt notice of any such lien upon receiving notice thereof. If Subtenant fails to have any such lien discharged as provided above, Sublandlord may take any actions it deems appropriate to have such lien discharged, including, without limitation, payment of any sums claimed to be due, and if so required Subtenant shall reimburse Sublandlord on demand for any such sums expended by Sublandlord, together with interest thereon from the Prime Leasedate incurred by Sublandlord at the Default Interest Rate, Prime Landlord, against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromof which amounts shall be Additional Rent under this Sublease.

Appears in 1 contract

Samples: Commencement Date Agreement (Epocrates Inc)

ENCUMBERING TITLE. Tenant Subtenant shall not do any act which that shall in any way ----------------- encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublandlord in the Premises leased pursuant to the Prime LeasePremises. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Subtenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Subtenant in connection with work of any act character performed or omission [Sublease of TenantEntire Premises] ----------------------------- claimed to have been performed on the Premises by, or at the direction or sufferance of, Subtenant; provided, however, that if so permitted to Sublandlord -------- ------- under the Prime Lease, Tenant Subtenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lienlien if Subtenant shall give to Prime Landlord and Sublandlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of nonpayment thereof; provided provided, further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; -------- ------- lien or claim of lien, Subtenant shall immediately pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease Agreement (Pitney Bowes Office Systems Inc)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Xxxxxx, or by reason of any other act or omission of TenantTenant except as to this Sublease. Any Except as to this Sublease, any claim to, or lien upon upon, the Premises or the Building arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the interest of Landlord in the Premises leased pursuant to the Prime LeaseLease Premises. Without limiting the generality of the foregoing, Tenant shall not permit the Premises or the Building to become subject to any mechanic's mechanics’, laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Tenant or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises or the Building by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Gene Logic Inc

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanic's mechanics’, laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Tenant or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lienlien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of non-payment thereof; provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease Agreement (Chalk Media Corp)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Project, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Project arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Project and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Project to become subject to any mechanic's mechanics’, laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Tenant or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as set forth in Section 5.5 of the Prime Lease, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Tenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: American National Can Group Inc

ENCUMBERING TITLE. Tenant Sublessee shall not do any act which shall in any way encumber the title title. of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord Sublessor be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Sublessee, or by reason of any other act or omission of TenantSublessee. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Sublessee shall accrue only against the subleasehold estate of Tenant Sublessee and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublessor in the Premises premises leased pursuant to the Prime Master Lease. Without limiting the generality of the foregoing, Tenant Sublessee shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Sublessee or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Sublessee in connection with work of any act character performed or omission of Tenant; claimed to have been performed on the Premises by, or at the direction or sufferance of, Sublessee, provided, however, that if so permitted under the Prime Master Lease, Tenant Sublessee shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Sublessee shall give to Landlord and Sublessor such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of nonpayment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Sublessee shall immediately pay any judgment rendered with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and shall have the lien released and any judgment satisfied. This sublease shall not be recorded. Notwithstanding the foregoing, provided that the Landlord shall have given Sublessee and Sublessor its prior written consent, if so required requested by Sublessee, Sublessor shall execute and deliver a memorandum of this Sublease for recording, in form and substance reasonably satisfactory to Sublessor, Such memorandum shall not be deemed to modify or change any provisions of this Sublease. Concurrently with the Prime Leasedelivery of such memorandum executed by Sublessee and as a condition to the obligation of Sublessor to execute or deliver such memorandum, Prime Landlord, against Sublessee shall execute and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromdeliver a release of such memorandum by Sublessee in recordable form reasonably acceptable to Sublessor. Sublessor shall be authorized to record such release upon the termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Centra Software Inc)

ENCUMBERING TITLE. Tenant Sublessee shall not do any act which shall in any way encumber the title of Prime Landlord Lessor in and to the Premises, nor shall the interest or estate of Prime Landlord Lessor or Landlord Lessee be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Sublessee, or by reason of any other act or omission of TenantSublessee. Any claim to, or lien upon upon, the Premises arising from any act or omission of Tenant Sublessee shall accrue only against the subleasehold estate of Tenant Sublessee and shall be subject and subordinate to the paramount title and rights of Prime Landlord Lessor in and to the Premises and the interest of Landlord Lessee in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Sublessee shall not permit the Premises to become subject to any mechanic's mechanics’, laborers’ or other lien, charge materialmen’s liens on account of labor or order for the payment of money filed against Landlord material furnished to Sublessee or Prime Landlord as a result claimed to have been furnished to Sublessee in connection with work of any act character performed or omission claimed to have been performed on the Premises by, or at the direction or sufferance of Tenant; Sublessee, provided, however, that if so permitted under the Prime Lease, Tenant Sublessee shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; claim of lien if Sublessee shall give to Lessor and Lessee such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Sublessee shall immediately pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease Agreement (Community Capital Corp /Sc/)

ENCUMBERING TITLE. Tenant Subtenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding, nor shall the interest or estate of Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises or the Building arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the interest of Landlord Sublandlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises or the Building to become subject to any mechanic's construction, mechanics’, laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Subtenant or Prime Landlord as a result claimed to have been furnished to Subtenant in connection with work of any act character performed or omission of Tenant; claimed to have been performed on the Premises by, or at the direction or sufferance of, Subtenant, provided, however, that if so permitted under the Prime Lease, Tenant Subtenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Subtenant shall give to Prime Landlord and Sublandlord such security as may be deemed satisfactory to each of them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises or the Building by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Subtenant shall immediately pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease (Amylin Pharmaceuticals Inc)

ENCUMBERING TITLE. Tenant VITAL shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord Landlord, Landlord, or Landlord JCP be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant VITAL, or by reason of any other act or omission of TenantVITAL. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant VITAL shall accrue only against the sub-subleasehold estate of Tenant VITAL and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord JCP in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant VITAL shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to VITAL or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to VITAL in connection with work of any act character performed or omission of Tenant; claimed to have been performed on the Premises by, or at direction or sufferance of, VITAL, provided, however, that if so permitted under the Prime Lease, Tenant VITAL shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if -VITAL ` shall give to Prime Landlord and JCP such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of nonpayment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, VITAL shall immediately pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sub Sublease (Vital Living Inc)

ENCUMBERING TITLE. Tenant Subtenant shall not do any act which shall in any way encumber or adversely affect the title of the Prime Landlord in and to the PremisesBuilding or the land upon which it is located (“Property”), nor shall the interest or estate of the Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of the Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublandlord in the Premises leased pursuant to the Prime LeaseLease Premises. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanic's or other lien, charge or order for the payment of money filed against Landlord or Prime Landlord as a result lien of any act mechanics, laborers or omission materialmen on account of Tenantlabor or material furnished to Subtenant or claimed to have been furnished to Subtenant in connection with work of any character performed or claimed to have been performed on the Premises by, or at the direction or sufferance of Subtenant; provided, however, that if so permitted under the Prime Lease, Tenant and subject to any conditions imposed therein, Subtenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Subtenant shall give to the Prime Landlord and Sublandlord such security as may be required under the Prime Lease, or if none is specified, such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property or a termination of the Prime Lease by reason of non-payment thereof and the existence of any lien or claim of lien; provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Subtenant shall immediately pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease (Stealth BioTherapeutics Corp)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanic's mechanics’, laborers, or other lienmaterialmen’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Premises by, charge or order for at the payment of money filed against Landlord direction or Prime Landlord sufferance of, Tenant. If any such lien (as a result of any act the matters described in the immediately preceding sentence) is filed against the Premises, the Building or omission of Tenant; provided, however, that if so permitted under the Prime LeaseProperty on which it is situated, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record discharged, by payment, bonding or bonded otherwise, within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant of the filing thereof; , and shall indemnify and hold harmless Landlord and Prime Landlord with respect to any costs, expenses (including, without limitation, attorneys’ fees and expenses), losses, damages and liabilities in connection therewith. Landlord shall give Tenant prompt notice of any such lien upon receiving notice thereof. If Tenant fails to have any such lien discharged as provided above, Landlord may take any actions it deems appropriate to have such lien discharged, including, without limitation, payment of any sums claimed to be due, and Tenant shall indemnify and save and hold harmless reimburse Landlord on demand for any such sums expended by Landlord, and if so required together with interest thereon from the date incurred by Landlord at the rate set forth in Section 52(F) of the Prime Lease, Prime Landlord, against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromof which amounts shall be Additional Rent under this Sublease.

Appears in 1 contract

Samples: ACA Capital Holdings Inc

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ENCUMBERING TITLE. Tenant Subtenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Subtenant, or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Subtenant shall accrue only against the subleasehold estate of Tenant Subtenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord Sublandlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Subtenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Subtenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Subtenant in connection with work of any act character performed or omission of Tenant; claimed to have been performed on the Premises by, or at the direction or sufferance of, Subtenant, provided, however, that if so permitted under the Prime Lease, Tenant Subtenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Subtenant shall give to Prime Landlord and Sublandlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of nonpayment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Subtenant shall immediately pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Aquantive Inc

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the Premises, Building nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Demised Premises, or the building arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the interest of Landlord in the Demised Premises leased pursuant to the Prime Lease. Without limiting the generality of Notwithstanding the foregoing, Tenant shall not permit the Premises to become subject to if any mechanic's lien or other lien, attachment, judgment, execution, writ, charge or order for the payment of money encumbrance is filed against Landlord the Building or Prime Landlord the Demised Premises or the leasehold created by this Sublease or any alterations, fixtures or improvements therein or thereto, as a result of any act work action or omission inaction done by or at the direction of Tenant or any of Tenant; provided, however, that if so permitted under the Prime Lease's Agents, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; provided further, however, that Tenant shall, at its own cost and expense, cause the will discharge same to be discharged of record or bonded within thirty ten (3010) days after written notice from Landlord or Prime Landlord to Tenant of the filing thereof; and , failing which Tenant shall indemnify and save and hold harmless will be in default under this Sublease. In such event, without waiving Tenant's default, Landlord, in addition to all other available rights and if remedies, without further notice, may discharge the same of record by payment, bonding or otherwise, as Landlord may elect, and upon request Tenant will reimburse Landlord for all costs and expenses so required incurred by Landlord plus interest thereon at the Prime Lease, Prime Landlord, against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromrate of eighteen percent (18%) per annum.

Appears in 1 contract

Samples: Partsbase Com Inc

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Subleased Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Subleased Premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Subleased Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Tenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Subleased Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Subleased Premises, the Building or the Property by reason of non payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save charges and hold harmless Landlord, shall have the lien released and if so required by the Prime Lease, Prime Landlord, against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Mackenzie Investment Management Inc

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Project, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Project arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Project and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Project to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Tenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as set forth in Section 5.5 of the Prime Lease, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease (8x8 Inc /De/)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law or by virtue of any express or implied contract by Tenant or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Tenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease (Taylor Capital Group Inc)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Land, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Land arising from any act or omission of Tenant shall accrue only against the sub-subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Land and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Land to become subject to any mechanic's mechanics’, laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Tenant or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord, Sublessor and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Land by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sub Sublease (Artisoft Inc)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesSub-leased Premise or the Leased Properties, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Sub leased Premises, the Leased Properties arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Leased Properties and the interest of Landlord in the Premises Sub-leased pursuant to the Prime LeasePremises. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Sub-leased Premises, or the Leased Properties to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Tenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Sub-leased Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Sub-leased Premises or the Leased Properties by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Stockgroup Information Systems Inc)

ENCUMBERING TITLE. Tenant shall not do any act which anything that shall in any way encumber the title of Prime Landlord or Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether encumbrance caused by operation of law, by virtue of any express or implied contract by Tenant or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord and Landlord in and to the Premises Premises, Building and the interest of Landlord in the Premises leased pursuant to the Prime LeaseProperty. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanic's mechanics,’ laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Tenant or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission claimed to have been performed on the Premises by, or at the direction or sufferance of Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and if done with reasonable diligence, diligence the validity of any such lien or claimed lien; provided further, however, that lien if Tenant shall, at its own cost and expense, cause the same shall give to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord and Landlord such security as may be deemed satisfactory to Tenant them to assure payment and to prevent any sale, foreclosure, or forfeiture of the filing thereof; and Premises, the Building, or the Property by reason of non-payment. On final determination of the lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease (Quixote Corp)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Prime Landlord in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord or Landlord be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Tenant, or by reason of any other act or omission of Tenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant shall accrue only against the subleasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Property and the interest of Landlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers', or materialmen's lien on account of labor or other lien, charge material furnished to Tenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Tenant in connection with work of any act character performed or omission of claimed to have been performed on the Premises by, or at the direction or sufferance of, Tenant; , provided, however, that if so permitted under the Prime Lease, Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Tenant shall give to Prime Landlord and Landlord such security as may be deemed satisfactory to them to assure payment thereof, and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of non-payment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; and lien or claim of lien, Tenant shall indemnify immediately pay any judgment rendered, with all proper costs and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Operating Agreement (Orion Healthcorp Inc)

ENCUMBERING TITLE. Tenant Except for the lien of United Bank, Inc., Sublessee shall not do any act which shall in any way encumber the title of Prime Landlord Lessor in and to the PremisesPremises or the Property, nor shall the interest or estate of Prime Landlord Lessor or Landlord Sublessor be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Sublessee, or by reason of any other act or omission of TenantSublessee. Any claim to, or lien upon upon, the Premises or the Property arising from any act or omission of Tenant Sublessee shall accrue only against the subleasehold estate of Tenant Sublessee and shall be subject and subordinate to the paramount title and rights of Prime Landlord Lessor in and to the Premises and the Property and the interest of Landlord Sublessor in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Sublessee shall not permit the Premises or the Property to become subject to any mechanic's mechanics,’ laborers’ or other lien, charge materialmen’s lien on account of labor or order for the payment of money filed against Landlord material furnished to Sublessee or Prime Landlord as a result claimed to have been furnished to Sublessee in connection with work of any act character performed or omission of Tenant; claimed to have been performed on the Premises by, or at the direction or sufferance of, Sublessee, provided, however, that if so permitted under the Prime Lease, Tenant Sublessee shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien; lien if Sublessee shall give to Lessor and Sublessor such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises or the Property by reason of nonpayment thereof, provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Sublessee shall immediately pay any judgment rendered, with all proper costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Sublease Agreement (Coldwater Creek Inc)

ENCUMBERING TITLE. Tenant Lessee shall not do any act which shall in any way encumber the title of Prime Landlord Lessor in and to the PremisesBuilding or the Property, nor shall the interest or estate of Prime Landlord Lessor or Landlord Lessor be in any way subject to any claim by way of lien or encumbrance, whether by operation of law, law by virtue of any express or implied contract by Tenant Lessee, or by reason of any other act or omission of TenantLessee. Any claim to, or lien upon upon, the Premises Premises, the Building or the Property arising from any act or omission of Tenant Lessee shall accrue only against the subleasehold sub-estate of Tenant Lessee and shall be subject and subordinate to the paramount title and rights of Prime Landlord Lessor in and to the Premises Building and the Property and the interest of Landlord Lessor in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoing, Tenant Lessee shall not permit the Premises Premises, the Building or the Property to become subject to any mechanicmechanics', laborers' or materialmen's lien on account of labor or other lien, charge material furnished to Lessee or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Lessee in connection with work of any act character performed or omission of Tenantclaimed to have been performed on the Premises by, or at the direction or sufferance of, Lessee; provided, however, that if so permitted under the Prime Lease, Tenant Lessee shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lienlien if Lessee shall give to Prime Lessor and Lessor such security as may be deemed satisfactory to them to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Premises, the Building or the Property by reason of nonpayment thereof; provided further, however, that Tenant shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord to Tenant on final determination of the filing thereof; lien or claim of lien, Lessee shall immediately pay any judgment rendered, with all property costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by shall have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Integrated Information Systems Inc

ENCUMBERING TITLE. Tenant shall Subtenant may not do any act anything which shall in any way may encumber the title of Prime Landlord in and to the PremisesBuilding or the Land, nor shall may the interest or estate of Prime Landlord or Landlord Sublandlord be in any way subject to any claim by way of lien or encumbrance, whether encumbrance caused by operation of law, by virtue of any express or implied contract by Tenant or by reason of any other act or omission of TenantSubtenant. Any claim to, or lien upon upon, the Premises Premises, the Building or the Land arising from any act or omission of Tenant shall Subtenant will accrue only against the subleasehold estate of Tenant Subtenant and shall will be subject and subordinate to the paramount title and rights of Prime Landlord in and to the Premises Building and the Land and the interest of Landlord Sublandlord in the Premises premises leased pursuant to the Prime Lease. Without limiting the generality of the foregoingSpecifically, Tenant shall Subtenant may not permit the Premises Premises, the Building or the Land to become subject to any mechanic's mechanics’ lien on account of labor or other lien, charge material furnished to Subtenant or order for the payment of money filed against Landlord or Prime Landlord as a result claimed to have been furnished to Subtenant in connection with work of any act character performed or omission claimed to have been performed on the Premises by or at the direction or sufferance of Tenant; Subtenant, provided, however, that if so permitted under the Prime Lease, Tenant shall Subtenant will have the right to contest in good faith and if done with reasonable diligence, the validity of any such lien or claimed lien; provided further, however, that Tenant shall, at its own cost and expense, cause the same lien if Subtenant gives to be discharged of record or bonded within thirty (30) days after written notice from Landlord or Prime Landlord and Sublandlord such security as may be deemed satisfactory to Tenant them to assure payment and to prevent any sale, foreclosure, or forfeiture of the filing thereof; Premises, the Building or the Land by reason of non-payment. On final determination of the lien or claim of lien, Subtenant must immediately pay any judgment rendered, with all costs and Tenant shall indemnify and save and hold harmless Landlordcharges, and if so required by must have the Prime Lease, Prime Landlord, against lien released and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees, resulting therefromany judgment satisfied.

Appears in 1 contract

Samples: Collateral Deposit Escrow Agreement (Walter Investment Management Corp)

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