Liens and Violations. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the Alterations, or any other work, labor, services or materials done for or supplied to Tenant in connection with the Alterations, or any person claiming through or under Tenant, which shall be issued by any other public authority. Tenant shall not utilize materials in the Alterations that are subject to security interests or liens. Tenant shall defend, indemnify and hold Landlord and its Affiliates harmless from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with Alterations, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming through or under Tenant in connection with the Alterations, including, without limitation, security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs). Tenant, at its expense, shall satisfy or discharge of record each stop notice, lien or encumbrance within thirty (30) days after it is filed and notice is given to Tenant but in any event before any enforcement action is commenced. If Tenant fails to do so, Landlord shall have the right to satisfy or discharge the stop notice, lien or encumbrance by payment to the claimant on whose behalf it was filed. Tenant shall reimburse Landlord on demand for the reasonable costs and expenses so incurred by Landlord, as additional rent, and without regard for any defense or offset that Tenant may have had against the claimant, but neither Landlord's curative action nor the reimbursement of Landlord by Tenant shall cure Tenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Liens and Violations. TenantSubtenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the AlterationsSubtenant's Work, or any other work, labor, services or materials done for or supplied to Tenant in connection with the AlterationsSubtenant, or any person claiming through or under TenantSubtenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Tenant Subtenant shall not utilize materials in the Alterations Subtenant's Work (except with respect to Subtenant's Property) that are subject to security interests or liens. Tenant Subtenant shall defend, indemnify and hold Landlord and its Affiliates Sublandlord harmless from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with Subtenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to TenantSubtenant, or any person claiming through or under Tenant in connection with the AlterationsSubtenant, including, without limitation, security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. TenantSubtenant, at its expense, shall satisfy or discharge of record each stop notice, lien or encumbrance within thirty (30) 15 days after it is filed and notice is given to Tenant but in any event before any enforcement action is commencedfiled. If Tenant Subtenant fails to do so, Landlord Sublandlord shall have the right to satisfy or discharge the stop notice, lien or encumbrance by payment to the claimant on whose behalf it was filed, by the posting of a bond, or by other action. Tenant Subtenant shall reimburse Landlord Sublandlord on demand for the reasonable costs and expenses so incurred by LandlordSublandlord, as additional rentAdditional Charges, and without regard for any defense or offset that Tenant Subtenant may have had against the claimant, but neither LandlordSublandlord's curative action nor the reimbursement of Landlord Sublandlord by Tenant Subtenant shall cure TenantSubtenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Samples: Sublease (Focal Communications Corp)
Liens and Violations. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the AlterationsTenant's Work, or any other work, labor, services or materials done for or supplied to Tenant in connection with the AlterationsTenant, or any person claiming through or under Tenant, which shall be issued by the Building and Safety Department of the City of Dallas or any other public authority. Tenant shall not utilize materials in the Alterations Tenant's Work (except with respect to Tenant's Property) that are subject to security interests or liens. Tenant shall defend, indemnify and hold Landlord and its Affiliates harmless from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with Tenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming through or under Tenant in connection with the AlterationsTenant, including, without limitation, security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. Tenant, at its expense, shall satisfy or discharge of record each stop notice, lien or encumbrance within thirty (30) 30 days after it is filed and notice is given to Tenant but in any event before any enforcement action is commencedfiled. If Tenant fails to do so, Landlord shall have the right to satisfy or discharge the stop notice, lien or encumbrance by payment to the claimant on whose behalf it was filed, by the posting of a bond, or by other action. Tenant shall reimburse Landlord on demand for the reasonable costs and expenses so incurred by Landlord, as additional rentAdditional Charges, and without regard for any defense or offset that Tenant may have had against the claimant, but neither Landlord's curative action nor the reimbursement of Landlord by Tenant shall cure Tenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Samples: Office Lease (Universal Access Inc)
Liens and Violations. TenantSubtenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the AlterationsSubtenant's Work, or any other work, labor, services or materials done for or supplied to Tenant in connection with the AlterationsSubtenant, or any person claiming through or under TenantSubtenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Tenant Subtenant shall not utilize materials in the Alterations Subtenant's Work (except with respect to Subtenant's Property) that are subject to security interests or liens. Tenant Subtenant shall defend, indemnify and hold Landlord and its Affiliates Sublandlord harmless from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with Subtenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to TenantSubtenant, or any person claiming through or under Tenant in connection with the AlterationsSubtenant, including, without limitation, security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. TenantSubtenant, at its expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within thirty (30) 10 days after it is filed and notice is given to Tenant but in any event before any enforcement action is commencedthat the same has been filed. If Tenant Subtenant fails to do so, Landlord Sublandlord shall have the right to satisfy or discharge the stop notice, lien or encumbrance by payment to the claimant on whose behalf it was filed, by the posting of a bond, or by other action. Tenant Subtenant shall reimburse Landlord Sublandlord on demand for the reasonable costs and expenses so incurred by LandlordSublandlord, as additional rentAdditional Charges, and without regard for any defense or offset that Tenant Subtenant may have had against the claimant, but neither LandlordSublandlord's curative action nor the reimbursement of Landlord Sublandlord by Tenant Subtenant shall cure TenantSubtenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Liens and Violations. Tenant, at its sole cost and expense, and with diligence and dispatch, shall diligently procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the Alterations, Tenant's Work or any other work, labor, services service or materials material done for or supplied to Tenant in connection with the AlterationsTenant, or any person claiming through or under Tenant, which shall be issued by any other public governmental authority. Tenant shall not utilize materials in the Alterations Tenant's Work that are subject to security interests or other liens. Tenant shall defendforever indemnify, indemnify defend and hold Landlord, its agents or employees and any mortgagee of Landlord free and its Affiliates harmless of, from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with AlterationsTenant's Work, or any other work, labor, services service or materials material done for or supplied to Tenant, or any person claiming through or under Tenant in connection with the AlterationsTenant, including, without limitation, security interests in any materials, fixtures or other articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. Tenant, at its sole cost and expense, shall satisfy or discharge of record each stop notice, lien or encumbrance within thirty fifteen (3015) days after it is filed and notice is given to Tenant but in any event before any enforcement action is commencedfiled. If Tenant fails to do so, Landlord shall have the right to satisfy or discharge the stop notice, lien or encumbrance by payment to the claimant on whose behalf it was filed, by the posting of a bond, or by any other action Landlord deems necessary. Tenant shall reimburse Landlord on demand for the reasonable costs and expenses so incurred by Landlord, as additional rent, and without regard for any defense or offset that Tenant may have had against the claimant, but neither Landlord's curative action nor the reimbursement of Landlord by Tenant shall cure Tenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Liens and Violations. Prior to the commencement of any work by any Tenant's Contractor, such Contractor shall furnish a no-lien agreement waiving its rights and all subcontractors and suppliers' rights to file mechanics liens. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the Alterations, or any other work, labor, services or materials done for or supplied to Tenant in connection with the Alterations, or any person claiming through or under Tenant, which shall be issued by any other public authority. Tenant shall not utilize materials in the Alterations that are subject to security interests or liens. Tenant shall defend, indemnify and hold Landlord and its Affiliates harmless from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with Alterations's Contractors Work, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming through or under Tenant, which shall be issued by the Public Safety Department of the City or any other public authority. Tenant shall not utilize materials in Tenant's Contractors Work (except with respect to Tenant's property) that are subject to security interests or liens. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all mechanic's liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with the AlterationsTenant's Contractor's Work, includingor any other work, labor, services or materials done for or applied to Tenant (excepting only Landlord's Work and for such Tenant's Special Work for which Landlord has been paid in full), or any person claiming through or under Tenant, including without limitation, security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. Tenant, at its expense, expense shall satisfy or discharge of record each stop notice, lien or encumbrance within thirty (30) fifteen days after it is filed and notice is given to Tenant but in any event before any enforcement action is commencedfiled. If Tenant after fifteen days' notice from Landlord (a) continues to fail to satisfy or discharge such matters, and (b) fails to do soprovide Landlord with adequate assurance that such claim will be satisfied, Landlord shall have the right to satisfy or discharge the stop notice, lien or encumbrance by payment to the claimant on whose behalf it was filed. Tenant shall reimburse Landlord on demand for the reasonable costs and expenses so incurred by Landlord, as additional rent, Landlord and without regard for any defense or offset that Tenant may have had against the claimant, but neither Landlord's curative action nor the reimbursement of Landlord by Tenant shall cure Tenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Liens and Violations. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the Alterations, Alterations or any other work, labor, services or materials done for or supplied to Tenant in connection with the AlterationsTenant, or any person claiming through or under Tenant, which shall be issued by any other public authority. Tenant shall not utilize materials in the Alterations that are subject to security interests or liens. Tenant shall defend, indemnify and hold Landlord and its Affiliates harmless from and against any and all mechanics' liens, stop notices construction liens and other liens and encumbrances or claims of liens or encumbrances filed in connection with Alterations, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming through or under Tenant in connection with the AlterationsTenant, including, without limitation, including security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. Tenant, at its sole expense, shall satisfy or discharge of record (or bond over to Landlord's reasonable satisfaction) each stop notice, lien or encumbrance within thirty (30) 30 days after Tenant has received notice that it is filed and notice is given to Tenant but in any event before any enforcement action is commencedfiled. If Tenant fails to do soso within such 30-day period, Landlord shall have the right to satisfy or discharge the stop notice, such lien or encumbrance by payment to the claimant on whose behalf it was filed, by the posting of a bond, or by other action provided Landlord has given notice to Tenant of its intention to satisfy or discharge such lien or encumbrance or to post a bond or to take other action and Tenant has failed to satisfy or discharge (or both) such lien or encumbrance within ten (10) days after Xxxxxx receives Landlord's notice. Tenant shall reimburse Landlord on demand within 30 days of notice for the reasonable costs and expenses so incurred by Landlord, as additional rentAdditional Charges, and without regard for any defense or offset that Tenant may have had against the claimant, but neither LandlordXxxxxxxx's curative action nor the reimbursement of Landlord by Tenant shall cure TenantXxxxxx's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If It is further agreed that so long as Tenant fails has adequately bonded over any lien or encumbrance such that there is no impact upon the title to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date Property and no risk of any loss or forfeiture involving any portion of the filing Property, Landlord agrees not to take action with respect to such lien or encumbrance and Tenant may take reasonable action to contest the existence, amount or validity of such lien) and late charges shall be added to such delinquent paymentslien or encumbrance in appropriate proceedings.
Appears in 1 contract
Liens and Violations. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the AlterationsTenant's Work, or any other work, labor, services or materials done for or supplied to Tenant in connection with the AlterationsTenant, or any person claiming through or under Tenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Tenant shall not utilize materials in the Alterations Tenant's Work (except with respect to Tenant's Property) that are subject to security interests or liens. Tenant shall defend, indemnify and hold Landlord and its Affiliates harmless from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with Tenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming through or under Tenant in connection with the AlterationsTenant, including, without limitation, security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. Tenant, at its expense, shall satisfy or discharge of record each stop notice, lien or encumbrance within thirty (30) days after it is filed and notice is given to Tenant but in any event before any enforcement action is commencedfiled. If Tenant fails to do so, Landlord shall have the right to satisfy or discharge the stop notice, lien or encumbrance by payment to the claimant on whose behalf it was filed, by the posting of a bond, or by other action. Tenant shall reimburse Landlord on demand for the reasonable costs and expenses so incurred by Landlord, as additional rentAdditional Charges, and without regard for any defense or offset that Tenant may have had against the claimant, but neither Landlord's curative action nor the reimbursement of Landlord by Tenant shall cure Tenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Samples: Office Lease (Universal Access Inc)
Liens and Violations. TenantSubtenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with the Alterations, or any other work, labor, services or materials done for or supplied to Tenant in connection with the AlterationsSubtenant, or any person claiming through or under TenantSubtenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Tenant Subtenant shall not utilize materials in the Alterations (except with respect to Subtenant's Property) that are subject to security interests or liens. Tenant Subtenant shall defend, indemnify and hold Landlord and its Affiliates Sublandlord harmless from and against any and all mechanics' liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with Alterations, or any other work, labor, services or materials done for or supplied to TenantSubtenant, or any person claiming through or under Tenant in connection with the AlterationsSubtenant, including, without limitation, including security interests in any materials, fixtures or articles installed in the Premises; and against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance, or claim of lien or encumbrance, its removal or any related action or proceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs)proceeding. TenantSubtenant, at its sole expense, shall satisfy or discharge of record each stop notice, lien or encumbrance within thirty (30) 15 days after it is filed and notice is given to Tenant but in any event before any enforcement action is commencedfiled. If Tenant Subtenant fails to do so, Landlord Sublandlord shall have the right to satisfy or discharge the stop notice, such lien or encumbrance by payment to the claimant on whose behalf it was filed, by the posting of a bond, or by other action. Tenant Subtenant shall reimburse Landlord Sublandlord on demand for the reasonable actual out-of-pocket costs and expenses so incurred by LandlordSublandlord, as additional rentAdditional Charges, and without regard for any defense or offset that Tenant Subtenant may have had against the claimant, but neither LandlordSublandlord's curative action nor the reimbursement of Landlord Sublandlord by Tenant Subtenant shall cure TenantSubtenant's default in failing to satisfy or discharge of record the stop notice, lien or encumbrance. If Tenant fails to reimburse Landlord for such expenses within five (5) days, interest at the Interest Rate (calculated from the date of the filing of such lien) and late charges shall be added to such delinquent payments.
Appears in 1 contract
Samples: Sublease (Focal Communications Corp)