Common use of Lien Protection Clause in Contracts

Lien Protection. (a) Seller shall not file or permit (and shall ensure its subcontractors do not file or permit) any claims, liens, encumbrances or charges of any nature (collectively, “Liens”) against Buyer’s property, or any other property on a project site or otherwise connected with the Services (collectively “Protected Property”) without Buyer’s prior written approval. Seller shall indemnify Buyer from and against any Liens made, exercised or asserted against Buyer or any Protected Property by Seller, any subcontractor and its or their respective employees or by any other person whomsoever, whether by judicial action and/or other proceeding and arising from or in respect of Seller’s performance of the Services. (b) If a payment becomes due under this Agreement and either (i) Buyer is aware of or reasonably suspects that Seller is indebted to one or more subcontractors or employees in relation to activities performed in connection with the Services, (ii) there remains a Lien undischarged or unvacated, or any other encumbrances attached to Protected Property, or (iii) Buyer reasonably suspects that any person has or may in the future have the right to assert a Lien over Protected Property, Buyer shall have the right to retain out of any monies due to Seller, sufficient sums to indemnify Buyer against any such Lien, including any attorney's solicitor-client fees Buyer may expend in connection therewith, and such funds may be used in any way Buyer deems appropriate in order to discharge or prevent the creation of any Lien. (c) Seller shall provide Buyer on request from time to time with a statutory declaration in a form acceptable to Buyer with respect to payment of amounts up to the latest progress payment received. Buyer may furnish forms to be used for partial and final releases/waivers of Liens and require that these forms be completed by Seller and submitted with invoices pertinent to the Services.

Lien Protection. Lessee shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any interest therein. If any such lien(s) is recorded against the Premises, the building and/or the Industrial Center, Lessee shall cause same to be discharged within ten (a10) Seller days form the recordation of such lien(s). If Lessee fails to discharge such lien(s) as required herein, Lessor may, without waiving its rights and remedies based on such failure of Lessee and without releasing Lessee from any of its obligations, cause such lien(s) to be released by any means it shall deem proper, including payments in satisfaction of the claim giving rise to such lien(s). Lessee shall pay to Lessor upon notice by Lessor, as additional rent, any sum paid by Lessor to remove such lien(s), together with interest at the rate of eighteen percent (18%) per annum from the date of such payment by Lessor. Lessee shall give Lessor not file or permit less than ten (and shall ensure its subcontractors do not file or permit10) any claims, liens, encumbrances or charges days' notice prior to the commencement of any nature (collectivelywork in, “Liens”) against Buyer’s propertyon, or any other property on a project site or otherwise connected with about the Services (collectively “Protected Property”) without Buyer’s prior written approval. Seller shall indemnify Buyer from Premises, and against any Liens made, exercised or asserted against Buyer or any Protected Property by Seller, any subcontractor and its or their respective employees or by any other person whomsoever, whether by judicial action and/or other proceeding and arising from or in respect of Seller’s performance of the Services. (b) If a payment becomes due under this Agreement and either (i) Buyer is aware of or reasonably suspects that Seller is indebted to one or more subcontractors or employees in relation to activities performed in connection with the Services, (ii) there remains a Lien undischarged or unvacated, or any other encumbrances attached to Protected Property, or (iii) Buyer reasonably suspects that any person has or may in the future have the right to assert a Lien over Protected Property, Buyer Lessor shall have the right to retain out post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any monies due to Sellersuch lien, sufficient sums to indemnify Buyer claim or demand, then Lessee shall, at its sole expense, defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such Lien, including any attorney's solicitor-client fees Buyer may expend in connection therewith, and such funds adverse judgment that may be used rendered thereon before the enforcement thereof against the Lessor or the Premises. If Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in any way Buyer deems appropriate an amount equal to one and one-half times the amount of such contested lien claim or demand, indemnifying Lessor against liability for the same, as required by law for the holding of the Premises free from the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys' fees and costs in order participating in such action if Lessor shall decide it is to discharge its best interest to do so. The obligations of this paragraph shall survive the expiration or prevent termination of the creation of any LienLease. (c) Seller shall provide Buyer on request from time to time with a statutory declaration in a form acceptable to Buyer with respect to payment of amounts up to the latest progress payment received. Buyer may furnish forms to be used for partial and final releases/waivers of Liens and require that these forms be completed by Seller and submitted with invoices pertinent to the Services.

Lien Protection. Tenant shall pay when due all claims for labor or materials fumished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics's or materialmen's lien against the Premises or any interest therein. Tenant shall give Landlord not less than ten (a10) Seller shall not file or permit (and shall ensure its subcontractors do not file or permit) any claims, liens, encumbrances or charges days' notice prior to the commencement of any nature (collectivelywork in, “Liens”) against Buyer’s propertyon, or any other property on a project site or otherwise connected with about the Services (collectively “Protected Property”) without Buyer’s prior written approval. Seller shall indemnify Buyer from Premises, and against any Liens made, exercised or asserted against Buyer or any Protected Property by Seller, any subcontractor and its or their respective employees or by any other person whomsoever, whether by judicial action and/or other proceeding and arising from or in respect of Seller’s performance of the Services. (b) If a payment becomes due under this Agreement and either (i) Buyer is aware of or reasonably suspects that Seller is indebted to one or more subcontractors or employees in relation to activities performed in connection with the Services, (ii) there remains a Lien undischarged or unvacated, or any other encumbrances attached to Protected Property, or (iii) Buyer reasonably suspects that any person has or may in the future have the right to assert a Lien over Protected Property, Buyer Landlord shall have the right to retain out post notices of non-responsibility in or on the Premises as provided by law. If Tenant shall, in good faith, contest the validity of any monies due such lien, claim or demand, then Tenant shall, at its sole expense, defend and protect itself, Landlord and the Premises, with legal counsel acceptable to SellerLandlord, sufficient sums to indemnify Buyer against the same and shall pay and satisfy any such Lien, including any attorney's solicitor-client fees Buyer may expend in connection therewith, and such funds adverse judgment that may be used rendered thereon before the enforcement thereof against the Landlord or the Premises. If Landlord shall require, Tenant shall furnish to Landlord surety bond satisfactory to Landlord in any way Buyer deems appropriate an amount equal to one and one-half times the amount of such contested lien claim or demand, indemnifying Landlord against liability for same (or such other amount as may be required by law for the holding of the Premises free from the effect of such lien or claim). In addition, Landlord may require Tenant to pay Landlord's attorneys' fees and costs in order participating in such action if Landlord shall decide it is in its best interest to discharge or prevent do so. Nothing herein shall be deemed to constitute Landlord's consent to the creation filing of any Lienmaterialmen's or mechanic's lien against the Premises or any portion of the Industrial Center. TENANT HAS ONLY A USUFRUCT INTEREST CREATED BY THIS LEASE, NOT SUBJECT TO LEVY, SALE OR TRANSFER. (c) Seller shall provide Buyer on request from time to time with a statutory declaration in a form acceptable to Buyer with respect to payment of amounts up to the latest progress payment received. Buyer may furnish forms to be used for partial and final releases/waivers of Liens and require that these forms be completed by Seller and submitted with invoices pertinent to the Services.

Lien Protection. Tenant shall give Landlord not less than ten (a10) Seller shall not file or permit (and shall ensure its subcontractors do not file or permit) any claims, liens, encumbrances or charges days notice prior to the commencement of any nature (collectivelywork in, “Liens”) against Buyer’s propertyon, or any other property on a project site or otherwise connected with about the Services (collectively “Protected Property”) without Buyer’s prior written approval. Seller shall indemnify Buyer from Premises, and against any Liens made, exercised or asserted against Buyer or any Protected Property by Seller, any subcontractor and its or their respective employees or by any other person whomsoever, whether by judicial action and/or other proceeding and arising from or in respect of Seller’s performance of the Services. (b) If a payment becomes due under this Agreement and either (i) Buyer is aware of or reasonably suspects that Seller is indebted to one or more subcontractors or employees in relation to activities performed in connection with the Services, (ii) there remains a Lien undischarged or unvacated, or any other encumbrances attached to Protected Property, or (iii) Buyer reasonably suspects that any person has or may in the future have the right to assert a Lien over Protected Property, Buyer Landlord shall have the right to retain out post notices of non-responsibility in or on the Premises as provided by law. Tenant shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any monies due to Sellermechanic’s or materialmen’s lien against the Premises or any interest therein. Tenant shall, sufficient sums to indemnify Buyer at its sole expense, defend and protect itself, Landlord and the Premises against any such Lienlien, including claim or demand against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms of this Lease and shall pay and satisfy any attorney's solicitor-client fees Buyer may expend in connection therewith, and such funds adverse judgment that may be used in rendered thereon before the enforcement thereof against the Landlord or the Premises. In the event any way Buyer deems appropriate in order such lien is attached to the Premises, the Building, or the Building Complex, Tenant shall discharge the same of record (by bonding or otherwise) within ten (10) days after receiving notice thereof. Tenant’s failure to comply with the provisions of the foregoing sentence shall be deemed a Default entitling Landlord to exercise all of its remedies therefor without the requirement of any additional notice or cure period. If Tenant fails to discharge such lien of record within such ten (10) day period, then in addition to any other right or prevent remedy of Landlord, Landlord may, but shall not be obligated to, discharge the creation same. Any amount paid by Landlord for any of any Lienthe aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to Landlord upon demand as Additional Rent. (c) Seller shall provide Buyer on request from time to time with a statutory declaration in a form acceptable to Buyer with respect to payment of amounts up to the latest progress payment received. Buyer may furnish forms to be used for partial and final releases/waivers of Liens and require that these forms be completed by Seller and submitted with invoices pertinent to the Services.

Lien Protection. Tenant will pay or cause to be paid all costs and charges for: (ai) Seller shall not file work done by Tenant or permit caused to be done by Tenant, in or to the Premises; and (ii) materials furnished for or in connection with such work. Tenant will indemnify Landlord against and shall ensure its subcontractors do not file or permit) any claimshold Landlord, the Premises, and the remainder of the Project free, clear and harmless of and from all mechanics' liens and claims of liens, and all other liabilities, liens, encumbrances claims, and demands on account of such work by or charges on behalf of Tenant. If any nature (collectivelysuch lien, “Liens”) at any time, is filed against Buyer’s property, the Premises or any other property on a project site or otherwise connected with the Services (collectively “Protected Property”) without Buyer’s prior written approval. Seller shall indemnify Buyer from and against any Liens made, exercised or asserted against Buyer or any Protected Property by Seller, any subcontractor and its or their respective employees or by any other person whomsoever, whether by judicial action and/or other proceeding and arising from or in respect of Seller’s performance part of the Services. Project, Tenant will cause such lien to be discharged of record within ten (b10) calendar days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such 10-day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interests. If a payment becomes due under this Agreement final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will immediately pay and either (i) Buyer is aware of or reasonably suspects that Seller is indebted satisfy the same. If Tenant fails to one or more subcontractors or employees in relation to activities performed pay any charge for which a mechanic's lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the Services, (ii) there remains a Lien undischarged consent or unvacated, agreement of Landlord to subject Landlord's interest in all or any portion of the Project to liability under any mechanics' lien or to other encumbrances attached lien law. If Tenant receives notice that a lien has been or is about to Protected Propertybe filed against the Premises or any part of the Project or any action affecting title to any portion of the Project has been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately give Landlord written notice of such notice. At least fifteen (15) calendar days prior to the commencement of any work (including, but not limited to, any maintenance, repairs or (iiialteration) Buyer reasonably suspects that any person has in or may in to the future Premises, by or for Tenant, Tenant will give Landlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to assert a Lien over Protected Propertypost notices of non-responsibility or similar notices, Buyer shall have if applicable, on the right to retain out of any monies due to Seller, sufficient sums to indemnify Buyer against any such Lien, including any attorney's solicitor-client fees Buyer may expend Premises or in connection therewith, and such funds may be used in any way Buyer deems appropriate the public records in order to discharge or prevent protect the creation of any LienPremises against such liens. (c) Seller shall provide Buyer on request from time to time with a statutory declaration in a form acceptable to Buyer with respect to payment of amounts up to the latest progress payment received. Buyer may furnish forms to be used for partial and final releases/waivers of Liens and require that these forms be completed by Seller and submitted with invoices pertinent to the Services.

Lien Protection. (a) Seller shall not file 19.1 Xxxxxx agrees that at no time during the term of this Lease will Lessee permit a lien or permit (and shall ensure its subcontractors do not file or permit) any claims, liens, encumbrances or charges encumbrance of any kind or nature (collectivelyto come into existence against the Property or Demised Premises or Xxxxxx's interests therein. If at any time such a lien or encumbrance is filed which arises by, “Liens”) against Buyer’s propertythrough or under Lessee, Lessee shall promptly cause the discharge of said lien or encumbrance; provided, that Lessee may in good faith and diligently contest the validity of the claim giving rise to the lien, but only so long as Lessee causes a discharge of the lien by posting a bond in accordance with C.R.S. § 00-00-000, or any otherwise posts with Lessor security therefor which is satisfactory to Lessor in its sole discretion. If said lien or encumbrance has not been discharged of record or Xxxxxx has not provided satisfactory security pursuant to the foregoing within thirty (30) days from the date that the lien or encumbrance is filed, Lessor shall have, in addition to all other property on a project site remedies provided herein and by law, the right (but no obligation) to cause the same to be released by such means as Lessor shall deem proper, including bonding or otherwise connected with the Services (collectively “Protected Property”) without Buyer’s prior written approval. Seller shall indemnify Buyer from and against any Liens made, exercised or asserted against Buyer or any Protected Property by Seller, any subcontractor and its or their respective employees or by any other person whomsoever, whether by judicial action and/or other proceeding and arising from or in respect of Seller’s performance payment of the Servicesclaim giving rise to such lien. All such sums paid by Xxxxxx and all expenses incurred by it in connection therewith, including attorneys' fees and costs, together with interest on all such sums at the Default Rate, shall be payable to Lessor by Xxxxxx on demand. 19.2 The Lessee shall give written notice to the Lessor at least ten (b10) If a payment becomes due under this Agreement days prior to commencement of any work relating to alterations or additions to the Demised Premises, and either (i) Buyer is aware of or reasonably suspects that Seller is indebted to one or more subcontractors or employees in relation to activities performed in connection with the Services, (ii) there remains a Lien undischarged or unvacated, or any other encumbrances attached to Protected Property, or (iii) Buyer reasonably suspects that any person has or may in the future have the right to assert a Lien over Protected Property, Buyer Lessor shall have the right at all times to retain out keep posted on the Demised Premises any notices permitted or required by law which Lessor shall deem proper for the protection of any monies due Xxxxxx and the Demised Premises from mechanic's and materialmen's liens. The foregoing shall not be construed to Seller, sufficient sums to indemnify Buyer against any such Lien, including any attorney's solicitor-client fees Buyer may expend in connection therewith, and such funds may be used in any way Buyer deems appropriate in order to discharge limit the scope or prevent the creation applicability of any Lienparagraph 18 hereof. (c) Seller shall provide Buyer on request from time to time with a statutory declaration in a form acceptable to Buyer with respect to payment of amounts up to the latest progress payment received. Buyer may furnish forms to be used for partial and final releases/waivers of Liens and require that these forms be completed by Seller and submitted with invoices pertinent to the Services.