Common use of Lien-Free Basis Clause in Contracts

Lien-Free Basis. Tenant’s Contractor and the other Tenant’s Agents and the Design Professionals shall perform all work and services on a lien-free basis. If a lien is filed or recorded against the Building due to, or in any way associated with, the design, engineering or construction of the Improvements, Tenant agrees to have such lien released of record by recording a lien release bond or otherwise (in a manner and form approved by Landlord) within five (5) days of Landlord’s notice to Tenant regarding same. If Tenant fails to cause the release of such lien within such five (5) day period to Landlord’s satisfaction, Landlord may cause the removal of such lien from Landlord’s title or require a deposit by Tenant as provided under Article 10 (Liens) of the Lease, and Tenant agrees to repay Landlord for all costs and expenses incurred by Landlord to release the lien (including, but not limited to, the payment of the amount stated in the lien, any filing, processing, recording and attorneys’ fees) within ten (10) days of Landlord’s request therefor, and such amount shall be considered Additional Rent due under the Lease. If Tenant fails to pay Landlord as aforesaid, such failure shall be deemed an uncured noticed material default under the Lease, and Landlord may pursue any remedy provided for under the Lease, at law or in equity. Under no circumstances shall Landlord’s approval or payment of a Progress Disbursement, Final Disbursement or any other amount, be deemed a waiver of Tenant’s obligations or Landlord’s rights respecting liens.

Appears in 3 contracts

Samples: Lease (Horizon Pharma, Inc.), Lease (Horizon Pharma, Inc.), Lease (Horizon Pharma, Inc.)

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Lien-Free Basis. Tenant’s Contractor and the other Tenant’s Agents and the Design Professionals shall perform all work and services on a lien-free basis. If a lien is filed or recorded against the Building Project due to, or in any way associated with, the design, engineering or construction of the Improvements, Tenant agrees to have such lien released of record by recording a lien release bond or otherwise (in a manner and form approved by Landlord) within five (5) days of Landlord’s notice to Tenant regarding same. If Tenant fails to cause the release of such lien within such five (5) day period to Landlord’s satisfaction, Landlord may cause the removal of such lien from Landlord’s title or require a deposit by Tenant as provided under Article 10 (Liens) of the this Lease, and Tenant agrees to repay Landlord for all costs and expenses incurred by Landlord to release the lien (including, but not limited to, the payment of the amount stated in the lien, any filing, processing, recording and attorneys’ fees) within ten (10) days of Landlord’s request therefor, and such amount shall be considered Additional Rent due under the Lease. If Tenant fails to pay Landlord as aforesaid, such failure shall be deemed an uncured noticed material default under the Lease, and Landlord may pursue any remedy provided for under the Lease, at law or in equity. Under no circumstances shall Landlord’s approval or payment of a Progress Disbursement, Final Disbursement or any other amount, be deemed a waiver of Tenant’s obligations or Landlord’s rights respecting liens.

Appears in 1 contract

Samples: Standard Office Lease (Horizon Pharma, Inc.)

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