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 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 fixtures, and all other work or installations made by or for the Tenant in the Leased Premises, the Tenant shall comply with all of the provisions of the Builders' Builders Lien Act (British Columbia) Act, S.B.C. 1997, c. 45 and amendments thereto, and other statutes from time to time applicable thereto (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 Builders Lien Act, and, except as to any hold-backlawful holdback, shall promptly pay all accounts relating thereto. The Tenant will shall not create any security interest, mortgage, conditional sale agreement, general security agreement under the Personal Property Security Act, R.S.B.C. 1996, c. 359 and amendments thereto, or other encumbrance in respect of its Leasehold Improvements or trade fixtures, or permit any such security interest, mortgage, conditional sale agreement, general security agreement under the Personal Property Security Act, 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 and when any builders' or other lien for work, labour, services 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, general security agreement under the Personal Property Security Act, 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 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 clause 14.1 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 13.01clause 14.1, 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 Buildersapplicable provincial legislation in respect of builders' Lien Act (British Columbia) liens and workmen's or workers' compensation 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) 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 any mortgage, security interest, mortgage, conditional sale agreement or other encumbrance in respect of its the Leasehold Improvements or trade fixtures, permit any such mortgage, 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, 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 mortgage, 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 remedies under Section 13.01 14.1 hereof and the Landlord 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 13.0114.1 hereof, 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 making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant Lessee in the Leased Premises, Premises the Tenant Lessee shall comply with all the provisions of the Builders' Lien Act applicable provincial legislation in respect of construction (British Columbia/builders’) liens and workmen’s (/workers’) compensation 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) and except as to any hold-back, such holdback shall promptly pay all accounts relating thereto. The Tenant Lessee will not create or cause to be created any security interest, mortgage, conditional sale agreement 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' construction (/builders’) or other lien for work, labour, services or materials supplied to or for the Tenant Lessee or for the cost of which the Tenant Lessee 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 Lessee 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 , and failing which the Tenant does not do so, the Landlord Lessor 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 Lessee as provided in Section 13.01, and its right to reimbursement shall not be affected or impaired if the Tenant Lessee 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 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.

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 fixtures.

Liens and Encumbrances on Fixtures and Improvements. In connection with the installation making, erection, installation, or alteration of Leasehold Improvements and trade fixtures fixtures, and all other work or installations made by or for the Tenant in the Leased Premises, the Tenant shall will comply with all of the provisions of the Builders' Builders Lien Act (British Columbia) and other statutes Act, S.B.C. 1997, c. 45, as such legislation may be amended or substituted from time to time applicable thereto (including any provision requiring or enabling the retention of portions of any sums payable by way of holdbacks), will permit the Landlord to take all steps to enable the Landlord to obtain the benefit of the provisions of the Builders Lien Act, and, except as to any hold-backlawful holdback, shall will 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 Leasethose provisions. If and when any builders' ’ or other lien for work, labour, services 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 for such a lien 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 Leaseare filed, the Tenant shall will within 20 days after receipt of notice thereof of it procure the discharge of it, 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 under this Lease avail itself of its remedy under Section 13.01 clause 15.1 and may make any payments required to procure the discharge of any such liens or encumbrances. The Landlord shall , and will be entitled to be reimbursed by the Tenant as provided in Section 13.01clause 15.1, and its right to reimbursement shall will not be affected or impaired if the Tenant shall then or subsequently establish establishes or claim claims that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off off, or defence. This section shall clause will not prevent L a n d l o r d I n i t i a l s _ _ _ _ _ _ _ 1003357-4 115526615:v9 the Tenant from mortgaging or encumbering granting a security interest in its chattels, furniture or equipment that are not of in 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' Builders Lien Act (British Columbia) 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) and except as to any hold-back, such holdback shall promptly pay all accounts relating thereto. The Tenant will shall not create any security interest, mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or trade fixtures, fixtures or permit any such security interestmortgage, conditional sale or encumbrance in respect of its Leasehold Improvements or trade fixtures or permit any such mortgage, encumbrance in respect of its Leasehold Improvements or trade fixtures or permit any such 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 and when 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 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 Article 17.1 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 13.01Article17.2, 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 abatementabatements, 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 Premisespremises, the Tenant shall comply with all the provisions of the Builders' Builders Lien Act, R.S.B.C. 1979, c.40 and amendments thereto, (including any ----------------- provision requiring or enabling the retention of portions of any sums payable by way of hold-backs), shall permit the Landlord to take all steps to enable the Landlord to obtain the benefit of the provisions of the Builders Lien Act (British Columbia) and other statutes from time to time applicable thereto and, except as to any lawful hold-back, shall promptly pay all accounts relating thereto. The Tenant will shall not create any security interest, mortgage, conditional sale agreement , general security agreement under the Personal Property Security Act, S.B.C. 1989, c.36 and amendment thereto or other encumbrance in respect of its Leasehold Improvements or trade fixtures, fixtures or 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 and when 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 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 13.01section 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 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' Lien Act (British Columbia) 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 hold-backs), shall permit the Landlord to take all steps to enable the Landlord to obtain the benefit of the provisions of the Builders' Lien Act and except as to any lawful hold-back, shall promptly pay all accounts relating thereto. The Tenant will shall not create any security interest, mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or trade fixtures, fixtures or 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 and when 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 shall, within 20 ten (10) days after receipt of notice thereof 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, the Landlord ,and failing which the·Landlord may in addition to all other remedies hereunder avail itself of its remedy under Section 13.01 15.01 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 13.0115.01, 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 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.