Filing of Liens. (a) The more filing of a prohibited mechanic's or materialman's lien or liens, however, shall not of itself constitute a default hereunder, provided Tenant, within thirty (30) days after the recording of such notice of prohibited lien among the public records of the county where the Leased Premises are located in the event notice of a prohibited lien is not served upon Tenant, shall cause the same to be canceled, released and extinguished, or the Leased Premises released therefrom by the posting of a bond, or by any other method prescribed by law, and proper evidence thereof be furnished to Landlord; and if such prohibited lien or liens appear of record, Tenant shall cause the same to be canceled, satisfied and discharged of record within said thirty (30) day period. (b) However, if Tenant shall dispute the amount or validity of any prohibited mechanic's or materialman's lien claimed, or any other claim asserted, Tenant shall post a bond with Landlord, reasonably acceptable to Landlord, in the amount of the prohibited lien or claim and, with all due diligence, institute or defend an appropriate action or proceeding in a court or courts of competent jurisdiction upon the cause of action, and shall, by injunction, due defense of the suit or otherwise, prevent any sale or impairment of the title of Landlord, and shall prosecute or defend such action or proceeding with reasonable diligence to a final determination, and, if such suit or defense shall be instituted within said period of thirty (30) days after the time when said prohibited lien shall have been filed, then in such case the time reasonably required in the litigation of such action shall be added to the above thirty (30) days' time. In any event, however, it shall be the duty of Tenant, whether before or after contesting such prohibited lien, to cause the said prohibited lien to be canceled, released, extinguished or adjudicated not to exist, or to cause the Leased Premises to be released therefrom by the posting of a bond or by any other method prescribed by law at least thirty (30) days before the time when required to do so by any mortgagee or Landlord or when the Leased Premises or any interest therein, or Landlord's interest therein, might otherwise be offered for sale by reason of said prohibited lien; and, promptly upon relieving the Leased Premises of such prohibited claim, Tenant shall have the duty of furnishing evidence thereof reasonably satisfactory to Landlord.
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Samples: Lease (Colonial Commercial Corp), Lease (Colonial Commercial Corp), Lease (Colonial Commercial Corp)
Filing of Liens. (a) The more filing of a prohibited mechanic's or materialman's lien or liens, however, shall not of itself constitute a default hereunder, provided Tenant, within thirty (30) days after the recording of such notice of prohibited lien among the public records of the county where the Leased Premises are located in the event notice of a prohibited lien is not served upon Tenant, shall cause the same to be canceled, released and extinguished, or the Leased Premises released therefrom by the posting of a bond, or by any other method prescribed by law, and proper evidence thereof be furnished to Landlord; and if such prohibited lien or liens appear of record, Tenant shall cause the same to be canceled, satisfied and discharged of record within said thirty (30) day period.
(b) However, if Tenant shall dispute the amount or validity of any prohibited mechanic's or materialman's lien claimed, or any other claim asserted, Tenant shall post a bond with Landlord, reasonably acceptable to Landlord, in the amount of the prohibited lien or claim and, with all due diligence, institute or defend an appropriate action or proceeding in a court or courts of competent jurisdiction upon the cause of action, and shall, by injunction, due defense of the suit or otherwise, prevent any sale or impairment of the title of Landlord, and shall prosecute or defend such action or proceeding with reasonable diligence to a final determination, and, if such suit or defense shall be instituted within said period of thirty (30) days after the time when said prohibited lien shall have been filed, then in such case the time reasonably required in the litigation of such action shall be added to the above thirty (30) days' time. In any event, however, it shall be the duty of Tenant, whether before or after contesting such prohibited lien, to cause the said prohibited lien to be canceled, released, extinguished or adjudicated not to exist, or to cause the Leased Premises to be released therefrom by the posting of a bond or by any other method prescribed by law at least thirty (30) days before the time when required to do so by any mortgagee or Landlord or when the Leased Premises or any interest therein, or Landlord's interest therein, might otherwise be offered for sale by reason of said prohibited lien; and, promptly upon relieving the Leased Premises of such prohibited claim, . Tenant shall have the duty of furnishing evidence thereof reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease (Colonial Commercial Corp)
Filing of Liens. (a) The more filing of a prohibited mechanic's or materialman's lien hen or lienshens, however, shall not of itself constitute a default hereunder, provided Tenant, within thirty (30) days after the recording of such notice of prohibited lien among the public records of the county where the Leased Premises are located in the event notice of a prohibited lien is not served upon Tenant, shall cause the same to be canceled, released and extinguished, or the Leased Premises released therefrom by the posting of a bond, or by any other method prescribed by law, and proper evidence thereof be furnished to Landlord; and if such prohibited lien or liens appear of record, Tenant shall cause the same to be canceled, satisfied and discharged of record within said thirty (30) day period.
(b) However, if Tenant shall dispute the amount or validity of any prohibited mechanic's or materialman's lien claimed, or any other claim asserted, Tenant shall post a bond with Landlord, reasonably acceptable to Landlord, in the amount of the prohibited lien or claim and, with all due diligence, institute or defend an appropriate action or proceeding in a court or courts of competent jurisdiction upon the cause of action, and shall, by injunction, due defense of the suit or otherwise, prevent any sale or impairment of the title of Landlord, and shall prosecute or defend such action or proceeding with reasonable diligence to a final determination, and, if such suit or defense shall be instituted within said period of thirty (30) days after the time when said prohibited lien shall have been filed, then in such case the time reasonably required in the litigation of such action shall be added to the above thirty (30) days' time. In any event, however, it shall be the duty of Tenant, whether before or after contesting such prohibited lien, to cause the said prohibited lien lieu to be canceled, released, extinguished or adjudicated not to exist, or to cause the Leased Premises to be released therefrom by the posting of a bond or by any other method prescribed by law at least thirty (30) days before the time when required to do so by any mortgagee or Landlord or when the Leased Premises or any interest therein, or Landlord's interest therein, might otherwise be offered for sale by reason of said prohibited lien; and, promptly upon relieving the Leased Premises of such prohibited claim, Tenant shall have the duty of furnishing evidence thereof reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease (Colonial Commercial Corp)