Liens; Taxes. Licensee will not permit any mechanic's liens or other liens to be placed upon the Premises, and nothing in this Agreement shall be construed as constituting the consent or request of Railroad, express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises, nor as giving Licensee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that could give rise to any mechanic's liens or other liens against the Premises. In addition, Licensee shall be liable for all taxes levied or assessed against the Facilities and any other equipment or other property placed by Licensee within the Premises. In the event that any such lien shall attach to the Premises or Licensee shall fail to pay such taxes, then, in addition to any other right or remedy available to Railroad, Railroad may, but shall not be obligated to, discharge the same. Any amount paid by Railroad for any of the aforesaid purposes, together with related court costs, attorneys' fees, fines and penalties, shall be paid by Licensee to Railroad within ten (10) days after Railroad's demand therefor.
Liens; Taxes. 6.1 Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, lien, security interest, charge, encumbrance or claim (each a “Lien”) on or with respect to this Master Lease or any Schedule, the Equipment, title thereto or any interest therein except a Lien created by Lessor or Assignee, and Lessee shall immediately at its own expense take all actions as may be necessary to discharge such Lien.
6.2 Lessee shall file and pay all income, ad valorem, value added, leasing, leasing use, stamp or other taxes, levies, imposts, duties, charges or withholdings of any nature arising out of the transactions contemplated herein and imposed against Lessor, Lessee, or the Equipment by any federal, state, local, or foreign government or taxing authority upon or with respect to the Equipment or upon the sale, purchase, ownership, delivery, leasing, possession, use, operation, return or other disposition thereof, or upon the Rent, receipts or earnings arising therefrom, or upon or with respect to this Master Lease (“Impositions”), excluding, however, Impositions on, or measured solely by, the net income of Lessor and franchise or similar taxes based on Lessor’s business existence or status. Lessee shall reimburse Lessor for all Impositions to the extent paid by Lessor, and Lessee shall pay Lessor an administrative fee thereon if assessed by Lessor, such fee not to exceed five percent (5%) of the amount of reimbursable Impositions. Lessee shall also reimburse Lessor for all sales or use taxes assessed on Rent, installation, transportation or other services relating to the Equipment. In the event Lessee either self assesses sales or use tax or is required to pay directly sales tax or use tax or any Imposition relating to any charge made by Lessor to Lessee, Lessee promptly shall forward copies of all pertinent returns or audit documents to Lessor. Lessee shall not report any Equipment as directly assessable to Lessee without the prior consent of Lessor. Any penalties, fines, or interest relating to returns to be filed by Lessee or payments to be made by Lessee directly to any taxing authority and later assessed to Lessor shall be paid by Lessee. All payments and advances made by Lessor shall be deemed Rent, including but not limited to, all Impositions owed directly by Lessor for which Lessee has responsibility for reimbursement hereunder and all amounts advanced by Lessor to pay Impositions otherwise owed by Lessee.
Liens; Taxes. Licensee will not permit any mechanic’s liens or other liens to be placed upon the Premises, and nothing in this Agreement shall be construed as constituting the consent or request of the City, express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises, nor as giving Licensee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that could give rise to any mechanic’s liens or other liens against the Premises. In addition, Licensee shall be liable for all taxes levied or assessed against the Facilities and any other equipment or other property placed by Licensee within the Premises. In the event that any such lien shall attach to the Premises or Licensee shall fail to pay such taxes, then, in addition to any other right or remedy available to the City, the City may, but shall not be obligated to, discharge the same. Any amount paid by the City for any of the aforesaid purposes, together with related court costs, attorneys’ fees, fines and penalties, shall be paid by Licensee to the City within ten
Liens; Taxes. During the term of this Lease, Lessee shall keep the Furniture free of all claims, liens, charges, security interests and other encumbrances resulting from the action of Lessee. During the term of this Lease, Lessee shall comply with all federal, state and local laws requiring the filing of ad valorem and other tax returns relating to the Furniture. If such returns are required to be filed by Lessor, Lessee shall so notify Lessor in writing, whereupon Lessee shall provide Lessor promptly on request such information as Lessor shall require to complete such returns, and Lessor shall file such returns. If Lessee does not pay any of the same when due, Lessor shall have the right, but shall not be obligated, to pay the same, in which event Lessee shall pay to Lessor on demand, as additional rent, an amount equal to all amounts paid or expenses incurred by Lessor, together with interest thereon at the annual rate of twelve percent or, if lower, the maximum rate that Lessor may lawfully charge.
Liens; Taxes. LICENSEE will not permit any mechanic's liens or other liens to be placed upon the Premises, and nothing in this Agreement shall be construed as constituting the consent or request of RAILWAY, express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises, nor as giving LICENSEE any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that could give rise to any mechanic's liens or other liens against the Premises. In addition, LICENSEE shall be liable for all taxes levied or assessed against the Facilities and any other equipment or other property placed by LICENSEE within the Premises. In the event that any such lien shall attach to the Premises or LICENSEE shall fail to pay such taxes, then, in addition to any other right or remedy available to RAILWAY, RAILWAY may, but shall not be obligated to, discharge the same. Any amount paid by RAILWAY for any of the aforesaid purposes, together with related court costs, attorneys' fees, fines and penalties, shall be paid by LICENSEE to RAILWAY within ten (10) days after RAILWAY's demand therefor.
Liens; Taxes. 23.1 The Town shall not grant or permit any mechanics’, artisans’ or materialmen’s lien, or other encumbrance on the Town Fibers or the Additional Fibers, and in the event of any such lien or encumbrance, the Town shall promptly cause such lien or encumbrance to be discharged and released of record (by payment, posting of bond, court deposit or other means) without cost to the Operator and shall indemnify the Operator against all costs and expenses (including attorney’s fees) incurred in discharging and releasing such lien or encumbrance; provided, however, that if any such lien or encumbrance is not so discharged and released within thirty (30) days after written notice by the Operator to the Town, then the Operator may pay or secure the release or discharge thereof at the expense of the Town. The Operator shall reimburse the Town for such payments within thirty (30) days of invoice by the Town.
23.2 The Town agrees and acknowledges that it has no right to use any of the Fibers, other than Town Fibers, included in the Operator Cable or otherwise incorporated in the Operator’s system,
23.3 The Parties shall cooperate to minimize adverse tax consequences and may mutually amend this Agreement to improve their respective tax positions.
Liens; Taxes. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT, OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED UNDER THIS MASTER LEASE AND THE RELATED LEASE. The parties to this Master Lease intend that the Equipment will be used for governmental or proprietary purposes of Lessee and that the Equipment will be exempt from all property taxes. Lessee shall timely pay all assessments, license and filing fees, taxes (including sales, use, excise, personal property, ad valorem, stamp, documentary and other taxes) and all other governmental charges, fees, fines or penalties whatsoever, whether payable by Lessor or Lessee, now or hereafter imposed by any governmental body or agency on or relating to the Equipment or the Lease Payments or the use, xxxxxxxxxxxx, xxxxxx, shipment, transportation, delivery, ownership or operation of the Equipment and on or relating to this Master Lease or any Lease; provided, however, that the foregoing shall not include any federal, state or local income or franchise taxes of Lessor.
Liens; Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment excluding, however, all taxes on or measured by Lessor's net income.
Liens; Taxes. Lessee shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or
Liens; Taxes. Lessee will not permit any lien of any kind, type or description to be placed or imposed upon the Tower. In addition, Lessee shall pay as due all taxes on its personal property located on the lease premises and shall provide satisfactory proof of payment of such taxes to Lessor.
