Common use of Liens, Generally Clause in Contracts

Liens, Generally. Tenant shall not create, cause or allow to be imposed, claimed or filed upon the Demised Premises, or any portion thereof, or upon the interest of Landlord therein, including but not limited to any Storage Tank System any lien, charge or encumbrance whatsoever including mechanic’s liens. If, because of the act or omission of any person or entity other than Landlord, including acts or omissions of Tenant or subtenants or their contractors, subcontractors, suppliers or materialmen, any such lien, charge or encumbrance shall be imposed, claimed or filed, subject to Tenant’s right to contest liens in Section 14.3 hereof, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) within thirty (30) days after written notice of the imposition of such lien. Tenant shall indemnify and save and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys’ fees, at both trial and all appellate levels, resulting or on account of any such liens filed against the Demised Premises. In the event that Tenant shall fail to comply with the foregoing provisions of this Section, Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Xxxxxx agrees to reimburse Landlord, upon demand and as Additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon as provided in this Lease, until paid. If a lien is released, Tenant shall thereupon establish the release as a matter of record by recording or filing it in the appropriate office of land records of the county in which the Demised Premises is located, and shall furnish Landlord with a copy of same.

Liens, Generally. Tenant shall not create, create or cause or allow to be imposed, claimed or filed upon the Demised Premises, or any portion thereof, or upon the interest of Landlord therein, including but not limited to any Storage Tank System any lien, charge or encumbrance whatsoever including mechanic’s lienswhatsoever. If, because of the any act or omission of any person or entity other than Landlord, including acts or omissions of Tenant or subtenants or their contractors, subcontractors, suppliers or materialmenTenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, subject to Tenant’s right to contest liens in Section 14.3 hereof, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) within thirty (30) days after written notice of the imposition of such lien. and Tenant shall indemnify and save and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys’ fees, at both trial and all appellate levels, resulting or on account of any such liens filed against the Demised Premisesthereof and therefrom. In the event that Tenant shall fail to comply with the foregoing provisions of this SectionSection 15.1, Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Xxxxxx Tenant agrees to reimburse Landlord, upon demand and as Additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon as provided in this Lease, until paid. If The terms and conditions of this Section 15.1 shall in no way limit Tenant’s right to place a lien is releasedupon any of Tenant’s personalty or trade fixtures located on the Premises. In addition, Tenant shall thereupon establish have the release unconditional right to grant mortgages (a “Leasehold Mortgage”) covering the leasehold interest created by this Lease and in and to the Improvements and any fixtures, furnishings, machinery or equipment owned by Tenant and located therein. The following terms and provisions shall apply to any Leasehold Mortgage: (i) Tenant may give notice to Landlord that all notices under this Lease should also be given to the holder of any Leasehold Mortgage (the “Leasehold Mortgagee”), and upon receipt of such notice, Landlord will copy such Leasehold Mortgagee on any notices of default sent under this Lease, at the address provided by Tenant. A Leasehold Mortgagee may, but shall not be obligated to, cure any default or perform any obligation to be performed by Tenant hereunder in the same period of time provided for Tenant to perform or cure any non-performance hereunder. (ii) No assignment of this Lease to a Leasehold Mortgagee, or foreclosure by a Leasehold Mortgagee against Tenant’s interest under this Lease or its interest in the Improvements and/or any subleases thereof, shall be deemed an assignment in violation of this Lease. Landlord agrees that any Leasehold Mortgagee who has been identified by Tenant as a matter Leasehold Mortgagee may notify Landlord that such Leasehold Mortgagee has succeeded to the interest of record by recording or filing it in the appropriate office of land records of the county in which the Demised Premises is locatedTenant hereunder, and Landlord thereafter shall furnish Landlord with a copy treat such Leasehold Mortgagee as the Tenant hereunder without any obligation to inquire into the validity of samesuch Leasehold Mortgagee’s right to succeed to the interest of Tenant hereunder.

Liens, Generally. Tenant shall not createnot, directly or indirectly, create or cause or allow to be imposed, claimed or filed upon the Demised PremisesLeased Property, or any of Tenant’s assets, properties or income or any portion thereof, related to the Leased Property or upon the interest of Landlord therein, including but not limited to any Storage Tank System Lien of any lien, charge or encumbrance whatsoever including mechanic’s liensnature whatsoever. If, because of the any act or omission of any person or entity other than Landlord, including acts or omissions of Tenant or subtenants or their contractors, subcontractors, suppliers or materialmenTenant, any such lien, charge or encumbrance Lien shall be imposed, claimed or filed, subject to Tenant’s right to contest liens in Section 14.3 hereoffiled by any party whosoever or whatsoever, Tenant shall, at its sole cost and expense, cause the same to be promptly (and in no event later than thirty (30) days following receipt of notice of such Lien) fully paid and satisfied or otherwise promptly discharged of record (by bonding or otherwise) within thirty (30) days after written notice of the imposition of such lien. and Tenant shall indemnify and save indemnify, save, pay, insure and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys’ reasonable attorney’s fees, at both trial and all appellate levels, resulting or on account of any such liens filed against the Demised Premisesthereof and therefrom. In the event that Tenant shall fail to comply with the foregoing provisions of this SectionSection 7.1, Landlord shall have the option option, but not the obligation, of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance Lien and Xxxxxx Tenant agrees to reimburse Landlord, upon demand and as an Additional RentCharge, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon as provided in this Leasethereon, until paid. If a lien is releasedNotwithstanding the foregoing, Tenant shall thereupon establish be entitled to enter into leases for new or replacement items of P&E (collectively, “P&E Leases”), provided that the release as a matter of record by recording or filing it in the appropriate office of land records of the county in which the Demised Premises is located, aggregate rent payments for all such P&E Leases do not exceed Twenty-Five Thousand and shall furnish Landlord with a copy of sameNo/100 Dollars ($25,000.00) per year.

Liens, Generally. Subject to the provisions hereof permitting and acknowledging the lien and operation of the Third Party Documents and other Permitted Exceptions, and applicable provisions of Section 5.2, Tenant shall not create, create or cause or allow to be imposed, claimed or filed upon the Demised PremisesLandlord's interest in the Leased Property, or any portion thereof, or upon the interest of Landlord therein, including but not limited to any Storage Tank System any lien, charge or encumbrance whatsoever including mechanic’s lienswhatsoever. If, because of the any act or omission of any person or entity other than Landlord, including acts or omissions of Tenant or subtenants or their contractors, subcontractors, suppliers or materialmenTenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, subject to Tenant’s right to contest liens in Section 14.3 hereof, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding release, bonding, or otherwiseobtaining a declaratory judgment confirming that the lien, charge or encumbrance does not affect Landlord's interest) within thirty (30) days after written notice of the imposition of such lien. and Tenant shall indemnify and save and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys’ ' fees, at both trial and all appellate levels, resulting therefrom or on account of any such liens filed against the Demised Premisesthereof. In the event that Tenant shall fail to comply timely pursue, with reasonable diligence, removal of the foregoing provisions of this Sectionlien, charge or encumbrance from Landlord's interest, Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Xxxxxx Tenant agrees to reimburse Landlord, upon demand and as Additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon as provided in this Leasethereon, until paid. If a lien is released, Tenant shall thereupon establish the release as a matter of record by recording or filing it in the appropriate office of land records of the county in which the Demised Premises is located, and shall furnish Landlord with a copy of same.

Liens, Generally. Tenant shall not create, create or cause or allow to be imposed, claimed or filed upon the Demised Premises, or any portion thereof, or upon the interest of Landlord therein, including but not limited to any Storage Tank System any lien, charge or encumbrance whatsoever including mechanic’s lienswhatsoever. If, because of the any act or omission of any person or entity other than Landlord, including acts or omissions of Tenant or subtenants or their contractors, subcontractors, suppliers or materialmenTenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, subject to Tenant’s right to contest liens in Section 14.3 hereof, Tenant shall, at its sole cost and expense, cause the same to be fully paid and satisfied or otherwise discharged of record (by bonding or otherwise) within thirty (30) days after written notice of the imposition of such lien. and Tenant shall indemnify and save and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys’ fees, at both trial and all appellate levels, resulting or on account of any such liens filed against the Demised Premisesthereof and therefrom. In the event that Tenant shall fail to comply with the foregoing provisions of this SectionSection 15.1, Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Xxxxxx Tenant agrees to reimburse Landlord, upon demand and as Additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon as provided in this Lease, until paid. If The terms and conditions of this section shall in no way limit Tenant’s right to place a lien is releasedupon any of Tenant’s personalty or trade fixtures located on the Premises. In addition, Tenant shall thereupon establish have the release unconditional right to grant mortgages (a “Leasehold Mortgage”) covering the leasehold interest created by this Lease and in and to the Improvements and any fixtures, furnishings, machinery or equipment owned by Tenant and located therein. The following terms and provisions shall apply to any Leasehold Mortgage: (i) Tenant may give notice to Landlord that all notices under this Lease should also be given to the holder of the Leasehold Mortgage (the “Leasehold Mortgagee”), and upon receipt of such notice, Landlord will copy the Leasehold Mortgagee on any notices of default sent under this Lease, at the address provided by Tenant. A Leasehold Mortgagee may, but shall not be obligated to, cure any default or perform any obligation to be performed by Tenant hereunder in the same period of time provided for Tenant to perform or cure any non-performance hereunder. (ii) No assignment of this Lease to a Leasehold Mortgagee, or foreclosure by a Leasehold Mortgagee against Tenant’s interest under this Lease or its interest in the Improvements and/or any subleases thereof, shall be deemed an assignment in violation of this Lease. Landlord agrees that any Leasehold Mortgagee who has been identified by Tenant as a matter Leasehold Mortgagee may notify Landlord that such Leasehold Mortgagee has succeeded to the interest of record by recording or filing it in the appropriate office of land records of the county in which the Demised Premises is located“Tenant” hereunder, and Landlord thereafter shall furnish Landlord with a copy treat such Leasehold Mortgagee as the Tenant hereunder without any obligation to inquire into the validity of samesuch Leasehold Mortgagee’s right to succeed to the interest of “Tenant” hereunder.

Liens, Generally. Tenant shall not createnot, directly or indirectly, create or cause or allow to be imposed, claimed or filed upon the Demised PremisesLeased Property, or any of Tenant’s assets, properties or income or any portion thereof, related to the Leased Property or upon the interest of Landlord therein, including but not limited to any Storage Tank System Lien of any lien, charge or encumbrance whatsoever including mechanic’s liensnature whatsoever. If, because of the any act or omission of any person or entity other than Landlord, including acts or omissions of Tenant or subtenants or their contractors, subcontractors, suppliers or materialmenTenant, any such lien, charge or encumbrance Lien shall be imposed, claimed or filed, subject to Tenant’s right to contest liens in Section 14.3 hereoffiled by any party whosoever or whatsoever, Tenant shall, at its sole cost and expense, cause the same to be promptly (and in no event later than thirty (30) days following receipt of notice of such Lien) fully paid and satisfied or otherwise promptly discharged of record (by bonding or otherwise) within thirty (30) days after written notice of the imposition of such lien. and Tenant shall indemnify and save indemnify, save, pay, insure and hold Landlord harmless from and against any and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys’ reasonable attorney’s fees, at both trial and all appellate levels, resulting or on account of any such liens filed against the Demised Premisesthereof and therefrom. In the event that Tenant shall fail to comply with the foregoing provisions of this SectionSection 7.1, Landlord shall have the option option, but not the obligation, of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance Lien and Xxxxxx Tenant agrees to reimburse Landlord, upon demand and as Additional Rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon as provided in this Leasethereon, until paid. If a lien is releasedNotwithstanding the foregoing, Tenant shall thereupon establish be entitled to enter into leases for new or replacement items of P&E (collectively, “P&E Leases”), provided that the release as a matter of record by recording or filing it in the appropriate office of land records of the county in which the Demised Premises is located, aggregate rent payments for all such P&E Leases do not exceed One Hundred Fifty Thousand and shall furnish Landlord with a copy of sameNo/100 Dollars ($150,000.00) per year.