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 Landlord in and to the Leased Premises or the Real Estate, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises and the Real Estate.

Appears in 4 contracts

Samples: Warehouse Lease Agreement (DSW Inc.), Asset Purchase Agreement (Acacia Automotive Inc), Industrial Space Lease (Power Solutions International, Inc.)

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ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Leased Premises or the Real Estate, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises and the Real Estate.

Appears in 2 contracts

Samples: Membership Interest Purchase and Sale Agreement (Global Power Equipment Group Inc.), Industrial Space Lease (Tekgraf Inc)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Leased Premises or the Real Estate, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises and the Real Estate. Tenant shall have the option to record a Notice of Commencement, approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Industrial Lease, Industrial Lease (DSW Inc.)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord Landlord's interest in and to the Leased Premises or the Real EstatePremises, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way become subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant other than a claim by Landlord, shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises and the Real EstatePremises. Tenant shall have no authority to contract for or on behalf of Landlord for any improvements or work.

Appears in 2 contracts

Samples: Industrial Building Lease, Lease Agreement (Eagle Test Systems, Inc.)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord Landlord's interest or in and to the Leased Premises or the Real EstatePremises, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way become subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant other than a claim by Landlord, shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises and the Real EstatePremises.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Herley Industries Inc /New)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Leased Premises Premises, the Building or the Real EstateProperty, nor shall the interest or estate of Landlord in the Leased Premises Premises, the Building or the Real Estate Property be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises Premises, the Building or the Real Estate Property arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises Premises, the Building and the Real EstateProperty.

Appears in 1 contract

Samples: Sublease (Quintus Corp)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Leased Premises or the Real Estate, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights fights of Landlord in and to the Leased Premises and the Real Estate.

Appears in 1 contract

Samples: Industrial Space Lease (Nelnet Inc)

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ENCUMBERING TITLE. Tenant shall not do any act or suffer or permit any action to be taken which shall in any way encumber the title of Landlord in and to the Leased Premises Premises, the Building or the Real Estate, nor shall the interest or estate of Landlord in the Leased Premises Premises, the Building or the Real Estate be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises Premises, the Building or the Real Estate arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises Premises, the Building and the Real Estate.

Appears in 1 contract

Samples: Lease Agreement (Neomedia Technologies Inc)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Leased Premises or the Real Estate, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant shall accrue only against the leasehold Leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises and the Real Estate.

Appears in 1 contract

Samples: Commercial Lease (Delicious Brands Inc)

ENCUMBERING TITLE. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Leased Premises or the Real EstatePremises, nor shall the interest or estate of Landlord in the Leased Premises or the Real Estate be in any way be subject to any claim by way of lien or encumbranceencumbrance resulting from any act of Tenant, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Leased Premises or the Real Estate arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Leased Premises and the Real EstatePremises.

Appears in 1 contract

Samples: Industrial Building Lease (Vysis Inc)

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