LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor. (b) Subject to the limitations of subparagraph (a) above, Xxxxxx gives to Lessor a contractual lien on all of Lessee’s property which may be found on the leased premises to secure payment of all monies and damages owed by Xxxxxx under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s obligations under the lease have been complied with. This lien is in addition to Lessor’s statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by Xxxxxx, Xxxxxx’s representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
Appears in 1 contract
Samples: Lease Agreement (Savara Inc)
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s Lessor's landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.security
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s 's obligations under the lease have been complied with. This lien is in addition to Lessor’s 's statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by XxxxxxLessee, Xxxxxx’s after aforementioned 10 day notice of such default, Lessor's representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s Lessee's office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s Lessor's representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ ' written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by XxxxxxLessor, Xxxxxx Lessee shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
21.1. ATTORNEY'S FEES, INTEREST, AND OTHER EXPENSES. If Lessee or Lessor is in default and if the non defaulting party places the lease in the hands of an attorney in order to enforce lease rights or remedies, the non defaulting party may recover reasonable attorney's fees from the defaulting party even if suit has not been filed. In any lawsuit enforcing lease rights, the prevailing party shall be entitled to recover reasonable attorney's fees from the non prevailing party, plus all out-of-pocket expenses. Trial shall be to court only; and all parties waive jury trial. All delinquent sums due by Lessor or Lessee shall bear interest at 10%, compounded annually, from date of default until paid, plus any late payment fees. Late payment fees as set forth in paragraph 3.2 shall be considered reasonable liquidated damages for the time, trouble, inconvenience, and administrative overhead expense incurred by Lessor in collecting late rentals, such elements of damages being uncertain and difficult to ascertain. Late payment fees shall not be liquidated damages for attorney's fees or for Lessor's loss of use of such funds during the time of delinquency.
Appears in 1 contract
Samples: Office Lease (Deja Com Inc)
LIEN FOR RENT. (aa.) Notwithstanding anything to the contrary in this leaseLease, Xxxxxx’s Lessor's landlord lien shall will be subordinate to any existing security interest and any future purchase money bona fide security interests on Xxxxxx’s Lessee's personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall will cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall will be on forms reasonably acceptable to Lessor., provided they are substantially the same as the form in attached Exhibit E.
(bb.) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises Leased Premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the leaseLease. Such lien also covers all insurance proceeds on such property. Lessee shall will not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall will not be removed until all Lessee’s 's obligations under the lease Lease have been complied with. This lien is in addition to Lessor’s 's statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by XxxxxxLessee, Xxxxxx’s Lessor's representatives may peacefully enter the leased premises Leased Premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall will leave the following information in a conspicuous place inside Xxxxxx’s office space: the Leased Premises; (1) written notice of exercise of lien, lien (2) a list of items removed, (3) the name of Xxxxxx’s Lessor's representative who removed such items, and (4) the date of such removal. Lessor shall will be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ ' written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by XxxxxxLessor, Xxxxxx shall Lessee will acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same. Lessor's subordination of Lessor's lien to any UCC-1 line will be subject to the following condition: If such UCC-1 lienholder removes or causes to be removed any property attached to the Leased Premises, such lienholder will restore the premises to its condition prior to the removal of the fixtures.
Appears in 1 contract
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in To secure performance of all Lessee's obligations under this lease, Xxxxxx’s landlord lien shall be subordinate to any existing security interest Lease and any future purchase money security interests on Xxxxxx’s personal property if such security interest is properly perfected and timely recorded as required all monies or damages owed by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable Lessee to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises to secure payment of all monies and damages owed by Xxxxxx under the leaseLeased Premises. Such lien also covers all insurance proceeds which may accrue to Lessee by reason of damage or destruction of such property. This lien is given in addition to Lessor's statutory liens, particularly Section 54.021 of the Texas Property Code; and Lessor's statutory lien and contractual lien shall be considered encumbrances properly fixed on such propertyproperty for statutory and contractual lien purposes when the Lessee's property is placed on the premises. Exercise of statutory lien shall not waive Lessor's contractual lien; and vice versa. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s obligations under the lease covenants of this Lease have been complied with. This Notwithstanding the above, Lessor's lien shall be subordinate to any purchase money security interest in Lessee's personal property if such purchase money lien is in addition to Lessor’s statutory lien under Section 54.021 of property perfected and timely recorded as required by the Texas Property CodeBusiness and Commerce Code prior to exercise of lien by Lessor. If Lessee is in default for nonpayment of fails to pay rent or any other sums due by XxxxxxLessee, Xxxxxx’s representatives Lessor's representative may peacefully enter the leased premises Leased Premises (and any storage facilities) and remove and store all propertyproperty therein. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s office spacethe Leased Premises: (1a) written notice of exercise of lien, ; (2b) a list of items removed, (3) the name of Xxxxxx’s representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.;
Appears in 1 contract
Samples: Office Lease
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this leaseLease, XxxxxxLessor’s landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on XxxxxxLessee’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business and Commerce Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s property which may be found on the leased premises Leased Premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the leaseLease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s obligations under the lease Lease have been complied with. This lien is in addition to Lessor’s statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by XxxxxxLessee, XxxxxxLessor’s representatives may peacefully enter the leased premises Leased Premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s office spacethe Leased Premises: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of XxxxxxLessor’s representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ one month’s written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by XxxxxxLessor, Xxxxxx Lessee shall acknowledge the above lien rights by executing Exhibit D.
21.1 Attorney’s Fees, Interest, and Other Expenses. If Lessee or Lessor is in default and if the nondefaulting party places the Lease in the hands of an attorney in order to enforce lease rights or remedies, the nondefaulting party may recover reasonable attorney’s fees from the defaulting party even if suit has not been filed. In any lawsuit enforcing lease rights, the prevailing party shall be entitled to recover reasonable attorney’s fees from the nonprevailing party, plus all reasonable out-of-pocket expenses. Trial shall be to judge only. All delinquent sums due by Lessor or Lessee shall bear interest at the maximum lawful rate of interest, compounded annually, from date of default until paid, plus any late payment fees. Late payment fees as set forth in paragraph 3.2 shall be considered reasonable liquidated damages for the time, trouble, inconvenience, and administrative overhead expense incurred by Lessor in collecting late rentals, such elements of damages being uncertain and difficult to ascertain. Late payment fees shall not be liquidated damages for attorney’s fees or for Lessor’s loss of use of such funds during the time of delinquency. Whenever Lessee requests Lessor to take any action or give any consent required or permitted under this Lease, Lessee will reimburse Lessor for Lessor’s reasonable costs incurred in reviewing the proposed action or consent, including reasonable attorneys’, engineers’, or architects’ fees, within 10 days after Lessor’s delivery to Lessee of a UCC-1 form or similar form reflecting samestatement of such costs. Lessee will be obligated to make such reimbursement without regard to whether Lessor consents to any such proposed action.
Appears in 1 contract
LIEN FOR RENT. (a33.1 In consideration of the mutual benefits arising under this Lease, Lessee and Guarantor(s) Notwithstanding anything to the contrary in this lease, Xxxxxx’s landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx gives hereby grant to Lessor a contractual lien and security interest on all property of Lessee’s property which may be found on Lessee and Guarantor(s) now or hereafter placed in or upon the leased premises to secure payment of all monies and damages owed by Xxxxxx under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor Leased Premises, and such property shall not be removed until and remain subject to such lien and security interest of Lessor for payment of all Lessee’s obligations rent and other sums agreed to be paid by Lessee and Guarantor(s) under or with respect to this Lease. The provisions of this Article 33.1 relating to such lien and security interest shall constitute a security agreement under the lease Uniform Commercial Code so that Lessor shall have been complied withand may enforce a security interest on all property of Lessee and Guarantor(s) now or hereafter placed in or on the Leased Premises, including, but not limited to, all fixtures, machinery, equipment, furnishings and other articles of personal property. This lien is All exemption laws are hereby waived by Lessee and Guarantor(s). Lessee and Guarantor(s) shall execute the Uniform Commercial Code Financing Statement attached hereto as Exhibit "E" and incorporated herein by this reference and further agree from time to time hereafter to execute as debtor and deliver to Lessor such additional financing statements as Lessor may request in order that such security interest or interests may be protected pursuant to the Uniform Commercial Code. Lessor may at its election at any time file a copy of this Lease as a financing statement. Lessor, as secured party, shall he entitled to all of the rights and remedies afforded a secured party under the Uniform Commercial Code, including, without limitation, all self-help repossession rights under Section 9.503 of the Texas Uniform Commercial Code, which rights and remedies shall be in addition to Lessor’s statutory lien under Section 54.021 and cumulative of the Texas Property Code. If Lessee is in default for nonpayment Lessor's liens and rights provided by law or by the other terms and provisions of rent or any other sums due by Xxxxxx, Xxxxxx’s representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting sameLease.
Appears in 1 contract
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s Lessor's landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s Lessee's personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s 's obligations under the lease have been complied with. This lien is in addition to Lessor’s 's statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by XxxxxxLessee, Xxxxxx’s Lessor's representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s Lessee's office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s Lessor's representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ ' written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by XxxxxxLessor, Xxxxxx Lessee shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same. Lessor /s/ GKJ Lessee /s/ MSB _______ _______
21.1. ATTORNEY'S FEES, INTEREST, AND OTHER EXPENSES. If Lessee or Lessor is in default and if the non defaulting party places the lease in the hands of an attorney in order to enforce lease rights or remedies, the non defaulting party may recover reasonable attorney's fees from the defaulting party even if suit has not been filed. In any lawsuit enforcing lease rights, the prevailing party shall be entitled to recover reasonable attorney's fees from the non prevailing party, plus all out-of-pocket expenses. Trial shall be to court only; and all parties waive jury trial. All delinquent sums due by Lessor or Lessee shall bear interest at the maximum lawful rate of interest, compounded annually, from date of default until paid, plus any late payment fees. Late payment fees as set forth in paragraph 3.2 shall be considered reasonable liquidated damages for the time, trouble, inconvenience, and administrative overhead expense incurred by Lessor in collecting late rentals, such elements of damages being uncertain and difficult to ascertain. Late payment fees shall not be liquidated damages for attorney's fees or for Lessor's loss of use of such funds during the time of delinquency.
Appears in 1 contract
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx gives Lessee hereby grants to Lessor a contractual lien on all property of Lessee’s Lessee now or hereafter placed in or upon the Premises, including, but not limited to, all goods, wares, fixtures, machinery, equipment, furnishings, and other articles of personal property which , and all proceeds from the sale or lease thereof (except such part of any property as may be found on exchanged, replaced or sold from time to time in the leased premises to secure payment ordinary course of all monies and damages owed by Xxxxxx under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent business, operation or other sums remain due and unpaid to Lessor trade), and such property shall not be removed until and remain subject to such lien of Lessor for payment of all Lessee’s obligations rent and other sums agreed to be paid by Lessee herein. This Lease shall constitute a security agreement under the lease have been complied with. This lien is in addition to Lessor’s statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by Xxxxxx, Xxxxxx’s representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Uniform Commercial Code ("TUCC") so that Lessor shall leave have and may enforce a security interest in all property of Lessee now or hereafter placed in or on the following information Premises, including but not limited to all goods, wares, fixtures, machinery, equipment, furnishings and other articles of personal property now or hereafter placed in a conspicuous place inside Xxxxxx’s office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) or upon the name of Xxxxxx’s representative who removed such itemsPremises by Lessee, and (4) all proceeds from the date of sale or lease thereof. Lessee agrees to execute as debtor such removalfinancing statement or statements as Lessor may now or hereafter reasonably request in order that such security interest or interests may be perfected pursuant to said TUCC. Lessor may at its election at any time file a copy of this Lease as a financing statement. Lessor, as secured party, shall be entitled to reasonable charges all of the rights and remedies afforded a secured party under said TUCC, which rights and remedies shall be in addition to and cumulative of the landlord's liens and rights provided by law or by the other terms and provisions of this Lease. Notwithstanding anything contained herein to the contrary, Lessor agrees to subordinate its liens to bona fide liens to secure loans for packingthe purchase of furniture, removing, or storing abandoned or seized propertyequipment, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge inventory using the above lien rights by executing a UCC-1 subordination agreement substantially in the form or similar form reflecting sameattached hereto as Exhibit "D".
Appears in 1 contract
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s 's landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s 's personal property excepting all intellectual property, if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoingforgoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises to secure payment of all monies and damages owed by Xxxxxx under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s 's obligations under the lease have been complied with. This lien is in addition to Lessor’s 's statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by Xxxxxx, Xxxxxx’s 's representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s 's office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s 's representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ days written notice of time tie and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
21.1 ATTORNEY'S FEES, INTEREST, AND OTHER EXPENSES. If Lessee or Lessor is in default and if the nondefaulting party places the lease in the hands of an attorney in order to enforce lease rights or remedies, the nondefaulting party may recover reasonable attorney's fees from the defaulting party even if suit has not been filed. In any lawsuit enforcing lease rights, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out-of-pocket expenses. Trial shall be to court only; and all parties waive jury trial. All delinquent sums due by Lessor or Lessee shall bear interest at the maximum lawful rate of interest, compounded annually, from date of default until paid, plus any late payment fees. Late payment fees as set forth in paragraph 3.2 shall be considered reasonable liquidated damages for the time, trouble, inconvenience, and administrative overhead expense incurred by Lessor in collecting late rentals, such elements of damages being uncertain and difficult to ascertain. Late payment fees shall not be liquidated damages for attorney's fees or for Xxxxxx's loss of use of such funds during the time of delinquency.
Appears in 1 contract
Samples: Lease Agreement (Vignette Corp)
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this leaseLease, XxxxxxLessor’s landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on XxxxxxLessee’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business and Commerce Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s real property which may be found on the leased premises Leased Premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the leaseLease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such real property while rent Rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s obligations under the lease Lease have been complied with. This lien is in addition to Lessor’s statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent Rent or any other sums due by XxxxxxLessee, XxxxxxLessor’s representatives may peacefully enter the leased premises Leased Premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s office spacethe Leased Premises: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of XxxxxxLessor’s representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reimbursement of reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ one month’s written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
Appears in 1 contract
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s Lessor's landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s Lessee's personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises Leased Premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the leaseLease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s 's obligations under the lease Lease have been complied with. This lien is in addition to Lessor’s 's statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by XxxxxxLessee, Xxxxxx’s Lessor's representatives may peacefully enter the leased premises Leased Premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s office spaceLessee's Office Space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s Lessor's representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ ' written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by XxxxxxLessor, Xxxxxx Lessee shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
21.1. ATTORNEY'S FEES,
Appears in 1 contract
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s landlord lien (statutory or otherwise) shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Codeproperty. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx gives to Lessor a contractual lien on all of Lessee’s property which may be found on the leased premises Leased Premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the leaselease to the extent owned by Xxxxxx. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s obligations under the lease have been complied with. This lien is in addition to Lessor’s statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by XxxxxxLessee which remains uncured following any applicable notice and cure periods therefor, XxxxxxLessor’s representatives may peacefully enter the leased premises Leased Premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside XxxxxxLessee’s office spaceOffice Space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
Appears in 1 contract
Samples: Lease Agreement (Bankrate, Inc.)
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s Lessor's landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s Lessee's personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx Lessee gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises to secure payment of all monies and damages owed by Xxxxxx Lessee under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s 's obligations under the lease have been complied with. This lien is in addition to Lessor’s 's statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by XxxxxxLessee, Xxxxxx’s Lessor's representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s Lessee's office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s Lessor's representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 thirty (30) days’ ' written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by XxxxxxLessor, Xxxxxx Lessee shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
21.1. ATTORNEY'S FEES, INTEREST, AND OTHER EXPENSES. If Lessee or Lessor is in default and if the non-defaulting party places the lease in the hands of an attorney in order to enforce lease rights or remedies, the non-defaulting party may recover reasonable attorney's fees from the defaulting party even if suit has not been filed. In any lawsuit enforcing lease rights, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out-of-pocket expenses. Trial shall be to court only; and all parties waive jury trial. All delinquent sums due by Lessor or Lessee shall bear interest at the maximum lawful rate of interest, compounded annually, from date of default until paid, plus any late payment fees. Late payment fees as set forth in paragraph 3.2 shall be considered reasonable liquidated damages for the time, trouble, inconvenience, and administrative overhead incurred by Lessor in collecting late rentals, such elements of damages being uncertain and difficult to ascertain. Late payment fees shall not be liquidated damages for attorney's fees or for Lessor's loss of use of such funds during the time of delinquency.
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Samples: Lease Agreement (Synplicity Inc)
LIEN FOR RENT. (a) Notwithstanding anything to the contrary in this lease, Xxxxxx’s 's landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s 's personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx gives to Lessor a contractual lien on all of Lessee’s 's property which may be found on the leased premises to secure payment of all monies and damages owed by Xxxxxx under the lease. Such lien also covers all insurance proceeds on such property. Lessee shall not remove such property while rent or other sums remain due and unpaid to Lessor and such property shall not be removed until all Lessee’s 's obligations under the lease have been complied with. This lien is in addition to Lessor’s 's statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent or any other sums due by Xxxxxx, Xxxxxx’s 's representatives may peacefully enter the leased premises and remove and store all property. If Lessor removes any property under this lien, Lessor shall leave the following information in a conspicuous place inside Xxxxxx’s 's office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s 's representative who removed such items, and (4) the date of such removal. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized property, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 days’ ' written notice of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by Xxxxxx, Xxxxxx shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same.
21.1 Attorney's Fees, Interest, and Other Expenses If Lessee or Lessor is in default and if the nondefaulting party places the lease in the hands of an attorney in order to enforce lease rights or remedies, the nondefaulting party may recover reasonable attorney's fees from the defaulting party even if suit has not been filed. In any lawsuit enforcing lease rights, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out-of-pocket expenses. Trial shall be to judge only. All delinquent sums due by Lessor or Lessee shall bear interest at the maximum lawful rate of interest, compounded annually, from date of default until paid, plus any late payment fees. Late payment fees as set forth in paragraph 3.2 shall be considered reasonable liquidated damages for the time, trouble, inconvenience, and administrative overhead expense incurred by Lessor in collecting late rentals, such elements of damages being uncertain and difficult to ascertain. Late payment fees shall not be liquidated damages for attorney's fees or for Xxxxxx's loss of use of such funds during the time of delinquency. MASTER
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LIEN FOR RENT. (a) Notwithstanding anything to the contrary in To secure Lessee’s obligations under this lease, Xxxxxx’s landlord lien shall be subordinate to any existing security interest and any future purchase money security interests on Xxxxxx’s personal property if such security interest is properly perfected and timely recorded as required by the Texas Business Code. Lessor shall cooperate in signing lien subordinations in accordance with the foregoing. Any lien subordination shall be on forms reasonably acceptable to Lessor.
(b) Subject to the limitations of subparagraph (a) above, Xxxxxx gives to Lessee hererby grants Lessor a contractual lien security interest on all of Lessee’s furniture, fixtures, equipment and other property of Lessee which may be found on the leased premises to secure payment of Leased Premises and all monies and damages owed by Xxxxxx under the lease. Such lien also covers all proceeds therefrom, including insurance proceeds on such property(collectively, “Collateral”). No statutory or contractual Lessor Lien shall apply to any of the client/patient files or intellectual property that the Lessee has or controls. Lessee shall not remove such property the Collateral while rent or other sums remain due and unpaid to Lessor and such property the Collateral shall not be removed until all Lessee’s obligations under the lease have been complied with. This lien is in addition to Lessor’s statutory lien under Section 54.021 of the Texas Property Code. If Lessee is in default for nonpayment of rent under this lease, Lessor or Lessor’s representatives may, to the full extent permitted by applicable law and in addition to any other sums due by Xxxxxxremedies provided herein, Xxxxxx’s representatives may peacefully enter the leased premises Leased Premises and remove and store all property. If Lessor removes take possession of any property under this lien, Lessor shall leave of the following information in a conspicuous place inside Xxxxxx’s office space: (1) written notice of exercise of lien, (2) a list of items removed, (3) the name of Xxxxxx’s representative who removed such items, and (4) the date of such removalCollateral without being held liable for tresspass or conversion. Lessor shall be entitled to reasonable charges for packing, removing, or storing abandoned or seized propertyCollateral, and may sell same at public or private sale (subject to any properly recorded chattel mortgage or recorded financing statement) after 30 10 days’ written notice (or more if required by applicable law) of time and place of sale is given to Lessee by certified mail, return receipt requested. Upon request by XxxxxxLessor, Xxxxxx Lessee shall acknowledge the above lien rights by executing a UCC-1 form or similar form reflecting same, or Lessor may file a copy of this lease as a financing statement, as permitted under applicable law.
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