Liens and Claims. During the construction of the Interior Improvements and the installation of Tenant’s trade fixtures, Tenant shall keep the Premises and the Property free from any liens arising out of any work performed, materials furnished or obligation incurred by Tenant. In the event that Tenant shall not, within twenty (20) days following notice of the imposition of any such lien, cause the same to be released of record. Tenant may bond such lien with a bond in accordance with applicable California law to pay off said lien(s). In the event Tenant does not remove said lien as provided herein, 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 Landlord shall deem proper, including payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose, and all expenses incurred by Landlord in connection therewith, shall be payable to Landlord by Tenant within five (5) business days after demand with interest at the highest interest rate allowable by law or Landlord may at its option, draw or make a demand under the Security Deposit and/or Letter of Credit to pay said Lien and have said Lien removed. Notwithstanding the foregoing, Tenant shall have the right to contest any lien so filed, however, Tenant must have said lien removed by a bond as described above or otherwise removed from the Premises within twenty (20) days as referenced above.
Appears in 4 contracts
Samples: Construction Agreement (Genitope Corp), Construction Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
Liens and Claims. During Tenant will keep the construction of the Interior Improvements Property and the installation of Tenant’s trade fixtures, Tenant shall keep the Premises and the Property Complex free from any mechanics’, materialmen’s, designers’ or other liens arising out of any work performed, materials furnished or obligation obligations incurred by or for Tenant or any person or entity claiming by, through or under Tenant. In the event that Tenant shall notwill upon request record and post notices of non-responsibility or such similar protective notices as Landlord may reasonably request. If any such liens are filed and Tenant, within twenty (20) 15 days following notice of the imposition of any after such lienfiling, cause does not release the same to be released of record. Tenant may bond such lien record or provide Landlord with a bond in accordance with applicable California law or other surety satisfactory to pay off said lien(s). In Landlord protecting Landlord and the event Tenant does not remove said lien as provided hereinProperty and the Complex against such liens, Landlord shall havemay, in addition to all other without waiving its rights and remedies provided herein based upon such breach by Tenant and by lawwithout releasing Tenant from any obligation under the Lease, the right, but not the obligation, to cause the same such liens to be released by such any means as Landlord shall deem deems proper, including payment of including, but not limited to, paying the claim giving rise to such the lien or posting security to cause the discharge of the lien. All sums paid by In such event, Tenant will reimburse Landlord, as Rent, for all amounts Landlord for such purposepays (including, without limitation, reasonable attorneys’ fees and all expenses costs). To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Related Parties and the Property and the Complex from and against any Claims in any manner relating to or arising out of the Tenant Improvements, any of the Work or any other work performed, materials furnished or obligations incurred by Landlord in connection therewithor for Tenant or any person or entity claiming by, shall be payable to Landlord by Tenant within five (5) business days after demand with interest at the highest interest rate allowable by law through or Landlord may at its option, draw or make a demand under the Security Deposit and/or Letter of Credit to pay said Lien and have said Lien removed. Notwithstanding the foregoing, Tenant shall have the right to contest any lien so filed, however, Tenant must have said lien removed by a bond as described above or otherwise removed from the Premises within twenty (20) days as referenced aboveTenant.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)