Common use of Liens and Right to Contest Clause in Contracts

Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics’ laborers’ or materialman’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent and sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefor; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 5 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

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Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics', laborers' or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, of Tenant; provided, however, that Tenant shall have the right to contest contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure assure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefornonpayment thereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 2 contracts

Samples: Lease (Amcraft Building Products Co Inc), Lease Agreement (Datametrics Corp)

Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics’, laborers’, or materialmanmaterialmen’s lien on account of labor or material materials furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that the Tenant shall have the right to contest in good faith and with reasonable diligence, diligence the validity of any such lien or claimed lien lien, if Tenant shall give to Landlord such security as may be deemed to be satisfactory to Landlord to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment thereforthereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 2 contracts

Samples: Lease (Cobiz Inc), Lease (Cobiz Inc)

Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate to become subject to any mechanics’, laborers’ or materialmanmaterialmen’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of non-payment thereforthereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately promptly pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Escrow Agreement (Global Power Equipment Group Inc.)

Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate to become subject to any mechanics’ laborers’ or materialman’s materialmen lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed perform on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of non-payment therefornonpayment thereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Industrial Space Lease (Power Solutions International, Inc.)

Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics', laborers', or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on for the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed reasonably satisfactory to Landlord to insure assure payment thereof and to prevent and any sale, foreclosure, or forfeiture of Landlord's interest in the Leased Lease Premises by reason of non-payment thereforthereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Herley Industries Inc /New)

Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics’ laborers’ or materialman’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefor; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Agreement (Fenix Parts, Inc.)

Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics', laborers' or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, of Tenant; provided, however, that Tenant shall have the right to contest contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed reasonably satisfactory to Landlord to insure assure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefornonpayment thereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfiedsatisfied and thereupon Landlord shall return to Tenant any security held by Landlord to assure the payment thereof.

Appears in 1 contract

Samples: Indemnification Agreement (Vysis Inc)

Liens and Right to Contest. Tenant Lessee shall not permit the Leased leased Premises to become subject to any mechanics’ laborers’ mechanic’s, laborer’s, or materialman’s lien on account of labor or material furnished to Tenant Lessee or claimed to have been furnished to Tenant Lessee in connection with work of any character performed or claimed to have been performed on the Leased leased Premises by, or at the direction or sufferance of, Tenant; providedLessee, however, provided that Tenant Lessee shall have the right to contest in good faith and with reasonable diligence, diligence the validity of any such lien or claimed lien if Tenant Lessee shall give to Landlord Lessor such security as may be deemed satisfactory to Landlord Lessor to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased leased Premises by reason of non-payment therefor; nonpayment thereof, and provided furtherfurther that, however, that on final determination of the lien or claim for lien, Tenant Lessee shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. Lessee providing a bond to remove any lien from the Premises shall be considered adequate security under this Section 10.02 of the same is provided within 21 days of the filing of any lien.

Appears in 1 contract

Samples: Asset Purchase Agreement (Workhorse Group Inc.)

Liens and Right to Contest. Tenant Lessee shall not permit the Leased Premises to become subject to any mechanics’ laborers’ mechanic's, laborer's, or materialman’s 's lien on account of labor or material furnished to Tenant Lessee or claimed to have been furnished to Tenant Lessee in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; providedLessee, however, provided that Tenant Lessee shall have the right to contest in good faith and with reasonable diligence, diligence the validity of any such lien or claimed lien if Tenant Lessee shall give to Landlord Lessor such security as may be deemed satisfactory to Landlord Lessor to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefor; nonpayment thereof, and provided furtherfurther that, however, that on final determination of the lien or claim for lien, Tenant Lessee shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Non Competition Agreement (Diagnostic Retrieval Systems Inc)

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Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics’, laborers’ or materialmanmaterialmen’s lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, of Tenant; provided, however, that Tenant shall have the right to contest contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed reasonably satisfactory to Landlord to insure assure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefornonpayment thereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Industrial Building Lease (Coinstar Inc)

Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate to become subject to any mechanics', laborers' or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of non-payment thereforthereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Industrial Space Lease (Tekgraf Inc)

Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics', laborers' or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, of Tenant; provided, however, that Tenant shall have the right to contest contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed reasonably satisfactory to Landlord to insure assure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment therefornonpayment thereof; provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Lease (American Coin Merchandising Inc)

Liens and Right to Contest. Tenant shall not permit the Leased Premises Premises, the Building or the Property to become subject to any mechanics', laborers' or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; , provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure assure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises Premises, the Building or the Property by reason of non-payment therefor; thereof, provided further, however, that on final determination of the lien or claim for of lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Sublease (Quintus Corp)

Liens and Right to Contest. Tenant shall not permit the Leased Premises to become subject to any mechanics', laborers' or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, . however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises by reason of non-payment thereforthereof; provided further, however, that on final determination of the lien or claim for lien, . Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Mfri Inc

Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate to become subject to any mechanics', laborers' or materialman’s materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Leased Premises by, or at the direction or sufferance of, Tenant; provided, however, that Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be deemed satisfactory to Landlord to insure payment thereof and to prevent and any sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of non-payment therefor; thereof provided further, however, that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied.

Appears in 1 contract

Samples: Lease (Nelnet Inc)

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