Common use of Liens and Encumbrances on Fixtures and Improvements Clause in Contracts

Liens and Encumbrances on Fixtures and Improvements. In connection with the installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in the Leased Premises, the Tenant shall comply with all the provisions of the Builders' Lien Act (British Columbia) and other statutes from time to time applicable thereto and, except as to any hold-back, shall promptly pay all accounts relating thereto. The Tenant will not create any security interest, mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or trade fixtures, permit any such security interest, mortgage, conditional sale agreement or other encumbrance to attach to the Leased Premises, or permit any "notice of security interest" or other similar notice to be filed against the Land or this Lease. If any builders' or other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefor shall arise or be filed or any such security interest, mortgage, conditional sale agreement or other encumbrance shall attach, or any such notice be filed against the Land or this Lease, the Tenant shall within 20 days after receipt of notice thereof discharge it, and any certificates of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law. If the Tenant does not do so, the Landlord may in addition to all other remedies hereunder avail itself of its remedy under Section 13.01 and may make any payments required to procure the discharge of any such liens or encumbrances. The Landlord shall be entitled to be reimbursed by the Tenant as provided in Section 13.01, and its right to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This section shall not prevent the Tenant from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures.

Liens and Encumbrances on Fixtures and Improvements. In connection with any Alterations to the installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made Premises by or for the Tenant in the Leased PremisesTenant, the Tenant shall comply with all the provisions of the Builders' Construction Lien Act (British ColumbiaOntario) (or the equivalent statute in the jurisdiction in question) (the “Act”) and other statutes from time to time applicable thereto and(including any provision requiring or enabling the retention of portions of any sums payable by way of holdbacks), shall permit the Landlord to take all steps to enable the Landlord to obtain the benefit of the provisions of the Act and except as to any hold-backlawful holdback, shall promptly pay all accounts relating thereto. The Tenant will not create If and when any security interest, mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or trade fixtures, permit any such security interest, mortgage, conditional sale agreement or other encumbrance to attach to the Leased Premises, or permit any "notice of security interest" or other similar notice to be filed against the Land or this Lease. If any builders' builder’s or other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefor shall arise or be filed or any such security interest, mortgage, conditional sale agreement or other encumbrance shall attach, or any such notice be filed against the Land or this Lease, the Tenant shall within 20 twenty (20) days after receipt of notice thereof procure the discharge itthereof, and including any certificates certificate of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law. If the Tenant does not do so, and failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under Section 13.01 section 15.1 and may make any payments into court (but not in any event to the lien claimant) required to procure the discharge of any such liens or encumbrances. The Landlord liens, shall be entitled to be reimbursed by the Tenant as provided in Section 13.01section 15.1, and its right to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off setoff or defence. This section shall not prevent the Tenant from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures.

Liens and Encumbrances on Fixtures and Improvements. In connection with the making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in the Leased Premises, Premises the Tenant shall comply with all the provisions of the Builders' Construction Lien Act (British ColumbiaOntario) and other statutes from time to time applicable thereto and, except as to any hold-back, and shall promptly pay all accounts relating thereto. The Tenant will not create or cause to be created any security interest, mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or trade fixtures, permit any such security interest, mortgage, conditional sale agreement or other encumbrance to attach to the Leased Premises, Premises or permit any "notice of security interest" or other similar notice to be filed against the Land or this LeaseBuilding and Common Area Facilities. If and whenever any builders' construction or other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefor shall arise or be filed or any such security interest, mortgage, conditional sale sales agreement or other encumbrance shall attach, or any such notice be filed against the Land or this Lease, the Tenant shall within 20 ten (10) days after receipt of notice thereof procure the discharge itthereof, and including any certificates certificate of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law. If the Tenant does not do so, law failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under Section 13.01 hereunder and may make any payments required to procure the discharge of any such liens or encumbrances. The Landlord encumbrances and shall be entitled to be reimbursed by the Tenant as provided in Section 13.01, herein and its right to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This section shall not prevent the Tenant from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixturesdefense.

Liens and Encumbrances on Fixtures and Improvements. In connection with the making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in the Leased Premises, the Tenant shall comply with all the provisions of the Builders' Construction Lien Act (British ColumbiaOntario) and other statutes from time to time applicable thereto and, except as to any hold-back, and shall promptly pay all accounts relating thereto. The Tenant will not create or cause to be created any security interest, mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or trade fixtures, permit any such security interest, mortgage, conditional sale agreement or other encumbrance to attach to the Leased Premises, the Lands, the Building or permit any "notice of security interest" or other similar notice to be filed against the Land or this LeaseCommon Area Facilities. If and whenever any builders' construction or other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefor shall arise or be filed or any such security interest, mortgage, conditional sale sales agreement or other encumbrance shall attach, or any such notice be filed against the Land or this Lease, the Tenant shall within 20 ten (10) days after receipt of notice thereof procure the discharge itthereof, and including any certificates certificate of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law. If the Tenant does not do so, law failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under Section 13.01 hereunder and may make any payments required to procure the discharge of any such liens or encumbrances. The Landlord encumbrances and shall be entitled to be reimbursed by the Tenant as provided in Section 13.01, herein and its right to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This section shall not prevent the Tenant from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures.

Liens and Encumbrances on Fixtures and Improvements. In connection with the installation making, erection, installation, or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in the Leased Premises, Premises the Tenant shall comply with all the provisions of the Builders' Lien Act (British Columbia) applicable provincial legislation in respect of builders’ lien and worker’s compensation and other statutes from time tune to time applicable thereto and, (including any provision requiring or enabling the retention of portions of any sums payable by way of holdbacks) and except as to any hold-back, such holdback shall promptly pay all accounts relating thereto. The Tenant will not create or cause to be created or permit any security interest, mortgage, conditional sale agreement agreement, lease or other encumbrance in respect of its the Leasehold Improvements or trade fixtures, permit any such security interest, mortgage, conditional sale agreement or other encumbrance to attach to the Leased Premises, Premises or permit the Building or any "notice of security interest" or other similar notice to be filed against the Land or this Leasepart thereof. If and whenever any builders' ’ or other lien for work, labourlabor, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefor shall arise or be filed or any such security interest, mortgage, conditional sale agreement agreement, lease or other encumbrance shall attach, or any such notice be filed against the Land or this Lease, the Tenant shall within 20 four (4) days after receipt of notice thereof procure the discharge itthereof, and including any certificates certificate of action lis pendens registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law. If the Tenant does not do so, and failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under Section 13.01 Article 13.1 and may make any payments required to procure the discharge of any such liens or encumbrances. The Landlord , and shall be entitled to be reimbursed by the Tenant as provided in Section 13.01Article 13.1, and its right to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This section shall not prevent the Tenant from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixturesdefense.