Freedom from Liens. Tenant shall not suffer or permit any mechanic's liens or other liens to be filed against the Demised Premises by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant or any party acting by, through or under Tenant. If any such mechanic's liens or other liens are at any time filed against the Demised Premises, or any portion thereof, Tenant shall cause the same to be discharged of record, or shall cause the same to be insured by a title insurance company reasonably acceptable to Landlord, in either case within 30 days after the date of the filing thereof. If Tenant fails to discharge or insure over such mechanic's liens or other liens within such period, then, in addition to any other right or remedy of Landlord, after five days' prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such liens, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such liens, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such liens as a lien against the Demised Premises. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including, without limitation, reasonable attorneys' fees of Landlord), together with interest thereon at the Maximum Rate of Interest, shall be repaid by Tenant to Landlord on demand by Landlord and shall be treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any and all Claims arising or resulting, in whole or in part, directly or indirectly, from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's liens or other liens. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's liens or other liens for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Demised Premises.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Freedom from Liens. Tenant shall not suffer or permit any mechanic's liens lien or other liens lien to be filed against the Demised Premises Project, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant Tenant, or anyone holding the Premises, or any party acting byportion thereof, through or under Tenant. If any such mechanic's liens lien or other liens are lien shall at any time be filed against the Demised PremisesProject, or any portion thereof, Tenant shall cause the same to be discharged of record, record or shall cause the same to be insured satisfied by a title insurance company reasonably acceptable to Landlord, in either case bonding within 30 20 days after of the date of filing the filing thereofsame. Tenant shall not be entitled to any additional grace or cure period. If Tenant fails shall fail to discharge or insure over bond off such mechanic's lien or liens or other liens lien within such period, thenthen an Event of Default shall have occurred and, in addition to any other right or remedy of Landlord, after five days' prior written notice to Tenantremedy, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lienslien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lienslien, or in such other manner having reasonable cost as is now or may in the future be provided by present or future law for the discharge of such liens lien as a lien against the Demised PremisesPremises or the Project. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any Such amount paid by Landlord, or the value of any such deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including, without limitation, including reasonable attorneys' attorney's fees of Landlord), together with interest thereon at the Maximum Rate of InterestDefault Rate, shall be repaid by Tenant to Landlord on within thirty (30) days following demand by Landlord and shall if unpaid may be treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnifyindemnify and defend Landlord against and save Landlord and the Premises, defend and hold the Landlord Parties any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and against any and all Claims arising or resultingobligations, in whole or in partincluding, directly or indirectlywithout limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's liens lien or other lienslien. All Tenant shall specifically notify all materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises are hereby charged with notice Premises, or any portion thereof, that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given , and that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's liens lien or other liens lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Demised PremisesProject, or any portion thereof.
Appears in 1 contract
Samples: Deed of Lease (Ace Hardware Corp)
Freedom from Liens. Tenant shall not suffer or permit any mechanic's liens lien or other liens lien to be filed against the Demised Premises Office Complex, or any portion thereof, by reason of work, work labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises Office Complex at the request of Tenant Tenant, or anyone holding the Premises, or any party acting byportion thereof, through or under Tenant. If any such mechanic's liens lien or other liens are lien shall at any time be filed against the Demised PremisesOffice Complex, or any portion thereof, Tenant shall cause the same to be discharged of record, record or shall cause the same to be insured satisfied by a title insurance company reasonably acceptable to Landlord, in either case bonding within 30 days after of the date of filing the filing thereofsame. If Tenant fails shall fail to discharge or insure over bond off such mechanic's lien or liens or other liens lien within such period, then, in addition to any other right or remedy of Landlord, after five days' (5) days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises Office Complex by deposit in the court having jurisdiction of such lienslien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lienslien, or in such other manner having reasonable cost as is now or may in the future be provided by present or future law for the discharge of such liens lien as a lien against the Demised PremisesOffice Complex. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any Such amount paid by Landlord, or the value of any such deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including, without limitation, including reasonable attorneys' attorney's fees of Landlord), together with interest thereon at the Maximum Rate of InterestDefault Rate, shall be repaid by Tenant to Landlord on within thirty (30) days following demand by Landlord and shall if unpaid may be treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnifyindemnify and defend Landlord against and save Landlord and the Office Complex, defend and hold the Landlord Parties any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and against any and all Claims arising or resultingobligations, in whole or in partincluding, directly or indirectlywithout limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's liens lien or other lienslien. All Tenant shall specifically notify all materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises are hereby charged with notice Office Complex, or any portion thereof, that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given , and that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's liens lien or other liens lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Demised PremisesOffice Complex, or any portion thereof.
Appears in 1 contract
Samples: Deed of Lease (Coherent Communications Systems Corp)
Freedom from Liens. (a) Tenant shall not suffer or permit any mechanic's liens construction lien or other liens lien to be filed against the Demised Premises Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant Tenant, or anyone holding the Demised Premises, or any party acting byportion thereof, through or under Tenant. If any such mechanic's liens construction lien or other liens are lien caused by or attributed to Tenant shall at any time be filed against the Demised Premises, or any portion thereof, Tenant shall cause the same to be discharged of record, record or shall cause the same to be insured by a title insurance company reasonably acceptable to Landlord, in either case bonded within 30 sixty (60) days after the date of filing the filing thereofsame. If Tenant fails shall fail to discharge or insure over bond such mechanic's construction lien or liens or other liens lien within such period, then, in addition to any other right or remedy of Landlord, after five days' (5) days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in into the court having jurisdiction of such lienslien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lienslien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such liens lien as a lien against the Demised Premises. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including, without limitation, including reasonable attorneys' fees of Landlord), together with interest thereon at the Maximum Rate of Interest, shall be repaid by Tenant to Landlord on demand by Landlord and shall and, if unpaid, may be treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnifyindemnify and defend Landlord against and save Landlord and the Demised Premises, defend and hold the Landlord Parties any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits penalties, claims, demands and against any and all Claims arising or resultingobligations, in whole or in partincluding, directly or indirectlywithout limitation, reasonable attorneys' fees, resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's liens construction lien or other liens. lien.
(b) All materialmen, contractors, artisans, mechanics, laborers and any other person persons now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished finished or to be furnished to Tenant upon credit, and that no mechanic's liens construction lien or other liens lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate state or interest of Landlord in and to the Demised Premises, or any portion thereof.
Appears in 1 contract
Freedom from Liens. Tenant shall not suffer pay to Landlord or permit to a contractor approved by Landlord, as the case may be, when due, all claims for labor and materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanic's liens ’s or other liens to be filed materialman’s lien against the Demised Premises or any interest therein, and upon completion, deliver to Landlord (if payment is made directly to a contractor approved by reason Landlord), evidence of work, payment and waivers of all liens for labor, skill, services, equipment or materials supplied or claimed to have been supplied to material. Tenant shall, at its sole cost and expense, keep the Demised Premises at the request of Tenant or any party acting by, through or under Tenant. If any such mechanic's liens or other liens are at any time filed against the Demised Premises, all other property therein and the Building free from any liens arising out of any work performed, material furnished or any portion thereof, Tenant shall cause the same to be discharged of record, or shall cause the same to be insured obligations incurred by a title insurance company reasonably acceptable to Landlord, in either case within 30 days after the date of the filing thereof. If Tenant fails to discharge or insure over such mechanic's liens or other liens within such period, then, in addition to any other right or remedy of Landlord, after five days' prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such liens, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such liens, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such liens as a lien against the Demised Premises. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including, without limitation, reasonable attorneys' fees of Landlord), together with interest thereon at the Maximum Rate of Interest, shall be repaid by Tenant to Landlord on demand by Landlord and shall be treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnify, defend and hold the Landlord Parties harmless from any liens’ and encumbrances arising out of any work performed or material furnished by or at the direction of Tenant. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall at its sole expense defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord, the Premises, and the Project upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand indemnifying Landlord against liability for the same and holding the Premises and the Project free from the effect of such lien or claim. In addition, Landlord may require Tenant to pay Landlord’s attorneys’ fees and costs in participating in such action if Landlord shall decide it is to its best interest to do so. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, cause such lien to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of and/or defense against the claim giving rise to such lien. All such sums paid by Landlord and all Claims arising or resultingexpenses incurred by it in connection therewith, in whole or in partincluding reasonable attorneys’ fees and costs, directly or indirectly, shall be payable as Additional Rent to Landlord by Tenant on demand with interest at the maximum rate per annum then permitted by law accruing from the assertion, filing, foreclosure date paid or other legal proceedings with respect incurred by Landlord until reimbursed to any such mechanic's liens or other liens. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's liens or other liens for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Demised Premisesby Tenant.
Appears in 1 contract
Samples: Office Lease (Active Network Inc)
Freedom from Liens. Tenant shall not suffer or permit any mechanic's liens lien or other liens lien to be filed against the Demised Premises Office Complex, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises Of Office Complex at the request of Tenant Tenant, or anyone holding the Premises, or any party acting byportion thereof, through or under Tenant. If any such mechanic's liens lien or other liens are lien shall at any time be filed against the Demised PremisesOffice Complex, or any portion thereof, Tenant shall cause the same to be discharged of record, record or shall cause the same to be insured satisfied by a title insurance company reasonably acceptable to Landlord, in either case bonding within 30 days after of the date of filing the filing thereofsame. If Tenant fails shall fail to discharge or insure over bond off such mechanic's lien or liens or other liens lien within such period, then, in addition to any other right or remedy of Landlord, after five days' (5) days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises Office Complex by deposit in the court having jurisdiction of such lienslien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lienslien, or in such other manner having reasonable cost as is now or may in the future be provided by present or future law for the discharge of such liens lien as a lien against the Demised PremisesOf Office Complex. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any Such amount paid by Landlord, or the value of any such deposit so made by Landlord, together with all reasonable costs, fees and expenses in connection therewith (including, without limitation, including reasonable attorneys' attorney's fees of Landlord), together with interest thereon at the Maximum Rate of InterestDefault Rate, shall be repaid by Tenant to Landlord on within thirty (30) days following demand by Landlord and shall if unpaid may be treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnifyindemnify and defend Landlord against and save Landlord and the Office Complex, defend and hold the Landlord Parties any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and against any and all Claims arising or resultingobligations, in whole or in partincluding, directly or indirectlywithout limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's liens lien or other lienslien. All Tenant shall specifically notify all materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises are hereby charged with notice Office Complex, or any portion thereof, that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given , and that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's liens lien or other liens lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Demised PremisesOffice Complex, or any portion thereof.
Appears in 1 contract
Freedom from Liens. Tenant shall not suffer or permit any mechanic's liens lien or other liens lien to be filed against the Demised Premises Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant Tenant, or anyone holding the Demised Premises, or any party acting byportion thereof, through or under Tenant. If any such mechanic's liens lien or other liens are lien shall at any time be filed against the Demised Premises, or any portion thereof, Tenant shall cause the same to be discharged of record, or shall cause the same to be insured by a title insurance company reasonably acceptable to Landlord, in either case record within 30 thirty (30) days after the date of filing the filing thereofsame. If Tenant fails shall fail to discharge or insure over such mechanic's lien or liens or other liens owner lien within such period, then, in addition to any other right or remedy of Landlord, after five days' (5) days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lienslien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lienslien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such liens lien as a lien against the Demised Premises. In the alternative, Landlord may, but shall not be obligated to, cause such liens to be insured over by a title insurance company by depositing a cash sum sufficient to cause such insurance to be issued. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including, without limitation, including reasonable attorneys' fees of Landlord), together with interest thereon at the Maximum Rate of InterestInterest set forth in Section 3.4 hereof, shall be repaid by Tenant to Landlord on demand by Landlord and shall if unpaid may be treated as Additional Rent. To the fullest extent allowed by law, Tenant shall indemnify, indemnify and defend and hold the Landlord Parties harmless from and against any and all Claims arising or resulting, in whole or in part, directly or indirectly, from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's liens or other liens. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon creditagainst, and that no mechanic's liens or other liens for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Demised Premises.save
Appears in 1 contract