Common use of Liens and Right to Contest Clause in Contracts

Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate to become subject to any mechanics', laborers' or 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 assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of nonpayment thereof; provided further, 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. Tenant hereby agrees to indemnify and hold Landlord harmless for any liability, cost, damage and expense occasioned by any mechanic's lien filed against the Leased Premises or the Real Estate on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with the Leased Premises or the Real Estate.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Acacia Automotive Inc), Value City Department Stores Inc /Oh

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Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate to become subject to any mechanics', laborers' or materialmen's 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. Tenant shall notify any contractor, subcontractor or supplier making any such improvements or supplying goods and materials to the Demised Premises that no lien may attach to the Landlord’s interest in the Demised Premises. A copy of such notice shall be sent to Landlord. In accordance with FLORIDA STATUTES Section 713.10, Landlord may record a memorandum of this Lease or similar notice in the public records providing that Landlord shall not be responsible for the cost of Tenant’s improvements and that no lien shall attach to Landlord’s interest in the Demised Premises. In the event a lien is filed against Landlord’s interest in the Demised Premises, Landlord, at its option, may pay all or any part of such lien or claim or transfer such lien to security, and any such payments, together with interest thereon at the rate of 18% per annum from the time of such payment or transfer by Landlord until repayment by Tenant, shall be paid by Tenant as additional rent upon demand, and if not so paid, shall continue to bear interest at the aforesaid rate until paid in full; 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 assure insure payment thereof and to prevent any and sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of nonpayment thereofnon-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. Tenant hereby agrees to indemnify and hold Landlord harmless for any liability, cost, damage and expense occasioned by any mechanic's lien filed against the Leased Premises or the Real Estate on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with the Leased Premises or the Real Estate.

Appears in 1 contract

Samples: Combination Agreement (Fenix Parts, 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 materialmen's lien on account of labor labor, material or material services 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 for or on the Leased Premises by, or at the direction or sufferance of request of, or with the permission 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 provide to and for the benefit of Landlord such security or provide other evidence of Tenant's financial ability to satisfy the lien as may be deemed reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Leased Premises or the Real Estate by reason of nonpayment non-payment thereof; provided further, 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. If Tenant hereby agrees fails to indemnify secure such bond or post such security or provide other evidence of Tenant's financial ability to satisfy the lien as may be reasonably satisfactory to Landlord or does not diligently contest such lien within fifteen (15) business days after receipt of notice thereof, Landlord may, without investigation of the validity of the lien claim, discharge such lien and hold Tenant shall pay the cost thereof to Landlord harmless for any liability, cost, damage and expense occasioned by any mechanic's lien filed against the Leased Premises or the Real Estate on account within thirty (30) days of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with the Leased Premises or the Real Estatedemand.

Appears in 1 contract

Samples: Eagle Test Systems, Inc.

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Liens and Right to Contest. Tenant shall not permit the Leased Premises or the Real Estate or any part thereof to become subject to any mechanics'mechanic's, laborers' laborer's or materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with Alterations or any other work of any character performed or claimed to have been performed on any part of the Leased Premises Real Estate 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 . If any such lien or claimed claim for lien if is filed, Tenant shall give to Landlord immediately either have such security as may be deemed satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of the Leased Premises or the Real Estate by reason of nonpayment thereof; provided further, that on final determination of the lien or claim for lien released of record or shall deliver to Landlord a bond, in form, content, amount and issued by surety or other assurances reasonably satisfactory to Landlord, against all costs and liabilities resulting from such lien or claim for lien and the foreclosure or attempted foreclosure thereof. If Tenant shall fail to have any such lien or claim for lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such a lien, may pay or discharge the same and, within ten (10) days of Landlord's written request therefore. Tenant shall immediately pay any judgment rendered, with all proper reimburse Landlord for its actual costs and charges, expenses in respect thereof including but not limited to Landlord's attorneys' fees and shall have the lien released and any judgment satisfied. Tenant hereby agrees to indemnify and hold Landlord harmless for any liability, cost, damage and expense occasioned by any mechanic's lien filed against the Leased Premises or the Real Estate on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant in connection with the Leased Premises or the Real Estateexpenses.

Appears in 1 contract

Samples: Commercial Lease (Delicious Brands Inc)

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