Common use of Liens and Violations Clause in Contracts

Liens and Violations. Subtenant, 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 Subtenant's Work, or any other work, labor, services or materials done for or supplied to Subtenant, or any person claiming through or under Subtenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Subtenant shall not utilize materials in Subtenant's Work (except with respect to Subtenant's Property) that are subject to security interests or liens. Subtenant shall defend, indemnify and hold 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 Subtenant, or any person claiming through or under Subtenant, 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. Subtenant, at its expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 days after notice that the same has been filed. If Subtenant fails to do so, 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. Subtenant shall reimburse Sublandlord on demand for the costs and expenses so incurred by Sublandlord, as Additional Charges, and without regard for any defense or offset that Subtenant may have had against the claimant, but neither Sublandlord's curative action nor the reimbursement of Sublandlord by Subtenant shall cure Subtenant's default in failing to satisfy or discharge the lien or encumbrance.

Appears in 1 contract

Samples: Vitalstream Holdings Inc

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Liens and Violations. SubtenantTenant, 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 Subtenant's Workthe Alterations, or any other work, labor, services or materials done for or supplied to SubtenantTenant in connection with the Alterations, or any person claiming through or under SubtenantTenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Subtenant Tenant shall not utilize materials in Subtenant's Work (except with respect to Subtenant's Property) the Alterations that are subject to security interests or liens. Subtenant Tenant shall defend, indemnify and hold Sublandlord 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 Subtenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant 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 proceedingproceeding (including, but not limited to, reasonable attorneys' fees and costs and court costs). SubtenantTenant, at its expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 thirty (30) days after it is filed and notice that the same has been filedis given to Tenant but in any event before any enforcement action is commenced. If Subtenant Tenant fails to do so, Sublandlord 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. Subtenant Tenant shall reimburse Sublandlord Landlord on demand for the reasonable costs and expenses so incurred by SublandlordLandlord, as Additional Chargesadditional rent, and without regard for any defense or offset that Subtenant Tenant may have had against the claimant, but neither SublandlordLandlord's curative action nor the reimbursement of Sublandlord Landlord by Subtenant Tenant shall cure SubtenantTenant'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: Sports Club Co Inc

Liens and Violations. Subtenant, 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 Subtenant's Work, or any other work, labor, services or materials done for or supplied to Subtenant, or any person claiming through or under Subtenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Subtenant shall not utilize materials in Subtenant's Work (except with respect to Subtenant's Property) that are subject to security interests or liens. Subtenant shall defend, indemnify and hold 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 Subtenant, or any person claiming through or under Subtenant, 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. Subtenant, at its expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 15 days after notice that the same has been it is filed. If Subtenant fails to do so, 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. Subtenant shall reimburse Sublandlord on demand for the costs and expenses so incurred by Sublandlord, as Additional Charges, and without regard for any defense or offset that Subtenant may have had against the claimant, but neither Sublandlord's curative action nor the reimbursement of Sublandlord by Subtenant shall cure Subtenant's default in failing to satisfy or discharge the lien or encumbrance.

Appears in 1 contract

Samples: Focal Communications Corp

Liens and Violations. Subtenant, 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 Subtenant's WorkAlterations, or any other work, labor, services or materials done for or supplied to Subtenant, or any person claiming through or under Subtenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Subtenant shall not utilize materials in Subtenant's Work Alterations (except with respect to Subtenant's Property) that are subject to security interests or liens. Subtenant shall defend, indemnify and hold 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 Subtenant, or any person claiming through or under Subtenant, 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. Subtenant, at its sole expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 15 days after notice that the same has been it is filed. If Subtenant fails to do so, 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. Subtenant shall reimburse Sublandlord on demand for the actual out-of-pocket costs and expenses so incurred by Sublandlord, as Additional Charges, and without regard for any defense or offset that Subtenant may have had against the claimant, but neither Sublandlord's curative action nor the reimbursement of Sublandlord by Subtenant shall cure Subtenant's default in failing to satisfy or discharge the lien or encumbrance.

Appears in 1 contract

Samples: Focal Communications Corp

Liens and Violations. SubtenantPrior 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 SubtenantTenant's Contractors Work, or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, which shall be issued by the Building and Public Safety Department of the City of Los Angeles or any other public authority. Subtenant Tenant shall not utilize materials in SubtenantTenant's Contractors Work (except with respect to SubtenantTenant's Propertyproperty) that are subject to security interests or liens. Subtenant Tenant shall defend, indemnify and hold Sublandlord Landlord harmless from and against any and all mechanics' mechanic's liens, stop notices and other liens and encumbrances or claims of liens or encumbrances filed in connection with SubtenantTenant's Contractor's Work, Alterations, or any other work, labor, services or materials done for or supplied applied to SubtenantTenant (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 SubtenantTenant, including, 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. SubtenantTenant, at its expense, expense shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 fifteen days after notice that the same has been it is filed. If Subtenant 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, Sublandlord 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. Subtenant Tenant shall reimburse Sublandlord Landlord on demand for the costs and expenses so incurred by Sublandlord, as Additional Charges, Landlord and without regard for any defense or offset that Subtenant Tenant may have had against the claimant, but neither Sublandlord's curative action nor the reimbursement of Sublandlord by Subtenant shall cure Subtenant's default in failing to satisfy or discharge the lien or encumbrance.

Appears in 1 contract

Samples: Commencement Date Agreement (Federated Investors Inc /Pa/)

Liens and Violations. SubtenantTenant, 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 SubtenantTenant's Work, or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Subtenant Tenant shall not utilize materials in SubtenantTenant's Work (except with respect to SubtenantTenant's Property) that are subject to security interests or liens. Subtenant Tenant shall defend, indemnify and hold Sublandlord Landlord 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 SubtenantTenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, 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. SubtenantTenant, at its expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 thirty (30) days after notice that the same has been it is filed. If Subtenant Tenant fails to do so, Sublandlord 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. Subtenant Tenant shall reimburse Sublandlord Landlord on demand for the costs and expenses so incurred by SublandlordLandlord, as Additional Charges, and without regard for any defense or offset that Subtenant Tenant may have had against the claimant, but neither SublandlordLandlord's curative action nor the reimbursement of Sublandlord Landlord by Subtenant Tenant shall cure SubtenantTenant's default in failing to satisfy or discharge the lien or encumbrance.

Appears in 1 contract

Samples: Office Lease (Universal Access Inc)

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Liens and Violations. SubtenantTenant, 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 SubtenantTenant's Work, Work or any other work, labor, services service or materials material done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public governmental authority. Subtenant Tenant shall not utilize materials in SubtenantTenant's Work (except with respect to Subtenant's Property) that are subject to security interests or other liens. Subtenant Tenant shall defendforever indemnify, indemnify defend and hold Sublandlord Landlord, its agents or employees and any mortgagee of Landlord free and 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 SubtenantTenant's Work, Alterations, or any other work, labor, services service or materials material done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, 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. SubtenantTenant, at its sole cost and expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 fifteen (15) days after notice that the same has been it is filed. If Subtenant Tenant fails to do so, Sublandlord 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 actionaction Landlord deems necessary. Subtenant Tenant shall reimburse Sublandlord Landlord on demand for the costs and expenses so incurred by Sublandlord, as Additional Charges, and without regard for any defense or offset that Subtenant may have had against the claimant, but neither Sublandlord's curative action nor the reimbursement of Sublandlord by Subtenant shall cure Subtenant's default in failing to satisfy or discharge the lien or encumbranceLandlord.

Appears in 1 contract

Samples: Commercial Office Lease (Tut Systems Inc)

Liens and Violations. SubtenantTenant, 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 Subtenant's Work, Alterations or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, which shall be issued by the Building and Safety Department of the City of Los Angeles or any other public authority. Subtenant shall not utilize materials in Subtenant's Work (except with respect to Subtenant's Property) that are subject to security interests or liens. Subtenant Tenant shall defend, indemnify and hold Sublandlord Landlord 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 Subtenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, 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. SubtenantTenant, at its sole expense, shall satisfy or discharge of record (or bond around over to Landlord's reasonable satisfaction) each stop notice, lien or encumbrance within 10 30 days after Tenant has received notice that the same has been it is filed. If Subtenant Tenant fails to do soso within such 30-day period, Sublandlord 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 actionaction 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. Subtenant Tenant shall reimburse Sublandlord on demand Landlord within 30 days of notice for the costs and expenses so incurred by SublandlordLandlord, as Additional Charges, and without regard for any defense or offset that Subtenant Tenant may have had against the claimant, but neither SublandlordXxxxxxxx's curative action nor the reimbursement of Sublandlord Landlord by Subtenant Tenant shall cure SubtenantXxxxxx's default in failing to satisfy or discharge the lien or encumbrance. It is further agreed that so long as Tenant has adequately bonded over any lien or encumbrance such that there is no impact upon the title to the Property and no risk of any loss or forfeiture involving any portion of the 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 or encumbrance in appropriate proceedings.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ocwen Asset Investment Corp)

Liens and Violations. SubtenantTenant, 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 SubtenantTenant's Work, or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, which shall be issued by the Building and Safety Department of the City of Los Angeles Dallas or any other public authority. Subtenant Tenant shall not utilize materials in SubtenantTenant's Work (except with respect to SubtenantTenant's Property) that are subject to security interests or liens. Subtenant Tenant shall defend, indemnify and hold Sublandlord Landlord 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 SubtenantTenant's Work, Alterations, or any other work, labor, services or materials done for or supplied to SubtenantTenant, or any person claiming through or under SubtenantTenant, 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. SubtenantTenant, at its expense, shall satisfy or discharge of record or bond around each stop notice, lien or encumbrance within 10 30 days after notice that the same has been it is filed. If Subtenant Tenant fails to do so, Sublandlord 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. Subtenant Tenant shall reimburse Sublandlord Landlord on demand for the costs and expenses so incurred by SublandlordLandlord, as Additional Charges, and without regard for any defense or offset that Subtenant Tenant may have had against the claimant, but neither SublandlordLandlord's curative action nor the reimbursement of Sublandlord Landlord by Subtenant Tenant shall cure SubtenantTenant's default in failing to satisfy or discharge the lien or encumbrance.

Appears in 1 contract

Samples: Office Lease (Universal Access Inc)

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