Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 8 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement (CURO Group Holdings Corp.), Commercial Lease Agreement (CURO Group Holdings Corp.)
Liens. Tenant shall not do has no authority, express or implied, to create or place any act which shall lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind the title interest of Landlord or Tenant in and to the Demised Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, charge the rentals payable hereunder for any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out claim in favor of any agreement (expressed person dealing with Tenant, including those who furnish materials or implied), chattel mortgage, security agreement, financing statement perform labor for any construction or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesrepairs, and Tenant covenants and agrees that it shall not suffer mortgage, encumber or pledge this Lease or any interest therein. The preceding sentence shall not be construed as prohibiting Tenant from making alterations as provided above or from permitting any other matter mechanics or thing whereby materialmen's lienable work to be performed as long as such work is not prohibited by this Lease. Tenant agrees to indemnify and hold Landlord harmless from any lien filed against the estateDemised Premises on account of work performed by or on behalf of Tenant and from any and all losses, rights costs, damages, expenses, liabilities, suits, penalties, claims and interest damages (including attorney fees) arising from or relating to such lien. After Tenant's receipt of notice or actual knowledge of the placing of any lien or encumbrance against the Demised Premises, Tenant shall immediately give Landlord in the Premises or any part thereof might be impairedwritten notice thereof. Tenant shall within ten (10) days therefrom remove such lien by payment. If Tenant shall fail to cause any discharge such mechanic's lien to be discharged of recordwithin such period, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, but shall not be obligated to, discharge such lien either the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, a cash sum sufficient to secure the discharge of the same, or bonding proceedingsby the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in any such event Landlord shall other manner as is now or may in the future be entitled if it so elects to compel provided by present or future law or the prosecution of an action for foreclosure discharge of such lien by as a lien against the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowancesDemised Premises. Any amount so paid by Landlord and Landlord, or the value of any deposit so made by Landlord, together with all costs costs, fees and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease(including attorneys' fees of Landlord), due from Tenant to Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease Default Rate, shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered Additional Rent payable on demand by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 8 contracts
Samples: Lease Agreement (Hewitt Associates Inc), Lease Agreement (Hewitt Associates Inc), Lease Agreement (Hewitt Holdings LLC)
Liens. Tenant Provided that Owner has paid Contractor in accordance with the requirements of this Agreement, Contractor shall, at Contractor’s sole expense, discharge and cause to be released, whether by payment or posting of an appropriate surety bond in accordance with Applicable Law, within ten (10) days after receipt of a written demand from Owner, any Lien in respect to the Work, the Equipment, the Project Site, or any fixtures or personal property included in the Work (whether or not any such Lien is valid or enforceable) created by, through or under, or as a result of any act or omission (or alleged act or omission) of, Contractor or any Subcontractor, or other Person providing services or materials within the scope of Contractor’s Work. Upon the failure of Contractor to promptly discharge or cause to be released any Lien as required by this Section 2.9, within ten (10) days after notice to Contractor, Owner may, but shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited obligated to, any mechanic’spay, contractor’sdischarge or obtain a surety bond for such Lien and, subcontractor’s upon such payment, discharge or material man’s lien or any lienposting of surety bond therefore, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon shall be entitled to immediately recover from Contractor the Premises or any part amount thereof or the income therefrom or any personal property used together with all expenses incurred by Owner in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from discharge or posting, or set off all such amounts against any sums owed by Owner to Contractor. Contractor shall notify Owner of the date filing of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedLien against the Project, the Equipment, the Project Site, or any materials fixtures or personal property included in the Work promptly upon learning of the existence or filing of such Lien. Acceptance by Contractor of the final payment shall constitute a release by Contractor of Owner, Affiliates and every officer and agent thereof from all Liens (whether statutory or otherwise and including mechanics’ or suppliers’ Liens), claims and liability hereunder with respect to any Work performed or furnished in connection with this Agreement, or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make omission of Owner or of any contract that may create Person relating to or affecting this Agreement, except claims for which Contractor has delivered a dispute notice to Owner. No payment by Owner shall be the foundation for deemed a waiver by Owner of any lien, mortgage or other encumbrance upon the estate obligation of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofContractor under this Agreement.
Appears in 5 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Liens. Tenant (a) Except for services provided by Lessor to Lessee under the Shared Services Agreement, if any lien shall not do at any act which shall in time be filed against the Premises by reason of any way encumber the title of Landlord in and to the Premiseswork, nor shall Tenant create labor, services or permit to be createdmaterials done for, and shall promptly discharge, any such lien (including, but not limited or supplied to, any mechanic’sor claimed to have been done for, contractor’sor supplied to, subcontractor’s Lessee or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon anyone holding the Premises through or any part thereof or under Lessee, Lessee shall cause the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien same to be discharged of record, then Landlord, after thirty record or adequately bonded (30unless otherwise secured to the reasonable satisfaction of Lessor) within forty-five (45) days after receipt of notice of its intention the lien filing from Lessor. If Lessee shall fail to do so, shall have the rightthen, Lessor may, but shall not be obligated to, procure the obligation, in addition to any other right or remedy, to discharge such lien of the same either by paying the amount claimed to be due due, by deposit in a court of competent jurisdiction or by procuring the discharge of such lien by deposit or bonding proceedingsbonding, and in any such event Landlord shall be entitled if it so elects to compel Lessor may defend the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of judgment the judgment, if any, in favor of the lien owner lienor with interest, costs and allowances. Any amount so paid or deposited by Landlord Lessor for any such purpose, and all costs and other reasonable expenses (of Lessor, including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseattorney’s fees and disbursements, due from Tenant to Landlord together with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum Late Payment Rate from the date paid or deposited, shall be additional rent and shall be paid by Lessee on demand. Lessee shall cause any such lien filed against the Assets or Improvements to be discharged prior to termination of payment thereofthis Lease. This Lease If requested by Lessor, Lessee shall constitute post on behalf of Lessor, and keep posted on the Premises, any notices that Lessor may require for the protection of Lessor and of the Premises from any such lien.
(b) Except for services provided by Lessee to Lessor under the Shared Services Agreement, if any lien shall at any time be filed against the Premises, by reason of any work, labor, services or materials done for, or supplied to, or claimed to have been done for, or supplied to, Lessor or anyone holding the Refinery through or under Lessor, Lessor shall cause the same (at least as it pertains to the Premises) to be discharged of record or adequately bonded (unless otherwise secured to the reasonable satisfaction of Lessee) within forty-five (45) days after receipt of notice that Landlord of the lien filing. If Lessor shall fail to do so, then, Lessee may, but shall not be liable obligated to, procure the discharge of the same, in whole or in part, either by paying all or a portion of the amount claimed to be due, by deposit in a court of competent jurisdiction or by bonding, and Lessee may defend the prosecution of an action for the foreclosure of such lien by the lienor and pay all or a portion of the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Lessee for any work performed such purpose, and all other reasonable expenses of Lessee, including reasonable attorney’s fees and disbursements, together with interest at the Late Payment Rate from the date paid or deposited, shall be promptly paid by Lessor on demand. Lessor shall cause any such lien filed against the Assets or Improvements to be performeddischarged prior to termination of this Lease.
(c) Nothing in this Lease shall be deemed to be, or be construed in any way as constituting, the consent or request of Lessor, expressed or implied, by inference or otherwise, to any Person for the performance of any labor or the furnishing of any materials furnished for any Improvement of or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord or as giving Lessee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in writing. Tenant shall have no any way give rise to the right to file any lien against Lessor’s interest in the Premises or giving Lessor any right, power or authority to do contract for or permit the rendering of any act services or make the furnishing of any contract that may create or be materials which might in any way give rise to the foundation for right to file any lien, mortgage or other encumbrance upon the estate of Landlord, or any other lien against Lessee’s interest of Landlord in the Premises, including the Building or the other Assets and Improvements or any part thereoflocated thereon.
Appears in 5 contracts
Samples: Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)
Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within ten (10) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics' and materialmen's liens, and Tenant shall give Landlord not less than ten (10) business days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics' or materialmen's liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord's consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics' or any part thereofmaterialmen's liens.
Appears in 5 contracts
Samples: Sublease Agreement (Mp3 Com Inc), Lease Amendment (Multilink Technology Corp), Consent to Sublease Agreement (Intuit Inc)
Liens. Tenant shall give Landlord at least ten (10) days prior written notice (or such additional time as may be necessary under applicable laws) of the commencement of any Tenant’s Work, to afford Landlord the opportunity to post and record notices of non-responsibility. Tenant will not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractormaterialman’s or material man’s lien similar liens or any lien, encumbrance encumbrances to be filed or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon exist against the Premises or any part thereof the Building or the income therefrom or any personal property used Tenant’s interest in this Lease in connection with the operation of the Premises, work done under this Article or in connection with any other work and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold harmless Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent claim or action. Tenant shall remove any such lien or encumbrance by bond or otherwise within twenty (3%20) per annum days from the date Landlord sends Tenant written notice of payment thereoftheir existence. This Lease If Tenant fails to do so, Landlord may, without being responsible to investigate the validity or lawfulness of the lien, pay the amount or take such other action as Landlord deems necessary to remove any such lien or encumbrance or require that Tenant deposit with Landlord in cash and lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall constitute notice that have been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall not be liable for have the right to apply such deposit in discharge of the judgment on said claim and any work performed or to be performedcosts, or any materials furnished or to be furnished, at the Premises for Tenant upon creditincluding attorneys’ fees incurred by Landlord, and that no mechanic’s or other lien for such work or materials shall attach remit the balance thereof to or affect the estate or interest of Landlord in Tenant. The amounts so paid and to the Premises, unless specifically ordered costs incurred by Landlord shall be deemed Additional Rent under this Lease and payable in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance full upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofdemand.
Appears in 4 contracts
Samples: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.)
Liens. Tenant shall not do In the event that any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create lien is recorded or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon filed against the Premises as a result of work performed or any part thereof materials furnished at the request of or the income therefrom or any personal property used in connection with the operation on behalf of the PremisesTenant, and Tenant shall not suffer any other matter or thing whereby the estateshall, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days notice after learning of its intention to do sosuch filing, shall have cause the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed same to be due released and discharged of record. Should Tenant contest any such claim or lien, Tenant may do so only if within such thirty (30) day period, Tenant causes the lien to be released and discharged of record by procuring the discharge posting of adequate security with a court of competent jurisdiction and obtaining a court order releasing the lien, as may then be provided by North Carolina’s mechanic lien statutes. Tenant shall defend on behalf of Landlord, at Tenant’s sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien by deposit lien, liens or bonding proceedingsorders, and in Tenant will pay any such event damages and discharge any judgment entered therein and hold Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestharmless from any loss, costs and allowances. Any amount so paid by Landlord and all costs and expenses (claim or damage resulting therefrom, including reasonable attorneys’ fees) . In the event Tenant fails to cause such lien to be released of record after written request from Landlord, Landlord may, at its option (but shall not be obligated to), pay the amounts claimed, and all amounts so paid, plus all costs and expenses incurred by Landlord in connection therewith (including, without limitation, attorney’s fees or any other legal costs or expenses) together with interest thereon at the rate of twelve percent (12%) per annum, shall constitute Additional Rent be immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingas additional rent. Tenant shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage mortgage, or other encumbrance upon on the fee interest in the Land, the reversion or other estate of Landlord, or that would be prior to any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 4 contracts
Samples: Air Rights Lease Agreement, Air Rights Lease Agreement, Air Rights Lease Agreement
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premiseswill not, nor shall Tenant directly or indirectly, create or permit to be createdcreated or to remain, and shall will promptly discharge, any such lien (including, but not limited toat its expense, any mechanic’s, contractor’s, subcontractorsupplier’s or material manvendor’s lien or any lien, encumbrance or charge on the Premises or any part thereof, other than any of the same arising out by or through Landlord. The existence of any agreement mechanic’s, supplier’s or vendor’s lien, or any right in respect thereof, shall not constitute a violation of this Section 22 if payment is not yet due upon the contract or for the goods or services in respect of which any such lien has arisen or, if Tenant is protesting or challenging such lien in good faith and has, within forty-five (45) days (or such earlier time as reasonably required by Landlord’s Mortgagee after Tenant’s receipt of written notice) after Tenant receives actual notice of such lien, bonded over such lien. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied), chattel mortgageof any contractor, security agreementsubcontractor, financing statement laborer, materialman or otherwise) upon vendor to or for the performance of any labor or services or the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Premises or any part thereof, and any such contractor, subcontractor, laborer, materialman or vendor shall look solely to Tenant and Tenant’s interest in the Premises to secure the payment of any bills for any labor, services, or materials furnished. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditTenant, and that no mechanic’s or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. If Tenant shall have no power to do has not removed any act or make any contract that may create or be the foundation for any lien, mortgage such lien or other encumbrance described above within forty-five (45) days after written notice thereof to Tenant, Landlord may, but shall not be obligated to, pay the amount of such lien or other encumbrance or discharge the same by deposit, and the amount so paid or deposited shall constitute additional Rent and be collectible upon demand with interest at the estate Default Rate. Landlord hereby consents to the granting of Landlorda lien or security interest on the fixtures, furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other of Tenant’s Personal Property installed or placed on the Premises by Tenant in connection with any other interest credit facility that Tenant has or may have during the Term hereof, and Tenant shall give Landlord written notice of Landlord in the Premises, the Building or the other Improvements or any part thereofsuch lien.
Appears in 4 contracts
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc)
Liens. (a) Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create agrees that it will pay or permit cause to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s paid all costs for work done by it or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon caused to be done by it on the Premises of a character which will or any part thereof or the income therefrom or any personal property used may result in connection with the operation of the Premisesliens on Landlord's reversionary estate therein, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in keep the Premises free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. If any part thereof might such lien shall at any time be impairedfiled against the Premises, Tenant shall either cause the same to be discharged within thirty (30) days after the recording thereof, or, if Tenant, in Tenant's discretion and in good faith, determines that such lien should be contested, shall furnish such security as may be necessary or required to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to cause any furnish such lien to be discharged of recordsecurity, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from such failure, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by due, procuring the discharge of such lien by deposit giving security, or bonding proceedingsin such other manner as is, and in any such event Landlord or may be, prescribed by law. Tenant shall be entitled if it so elects repay to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestLandlord, costs and allowances. Any amount so paid as Rent, on demand, all sums disbursed or deposited by Landlord pursuant to the provisions of this Section 5.7, including all costs, expenses and all costs and expenses (including reasonable attorneys’ fees) ' fees incurred by Landlord in connection therewith therewith. Nothing contained herein shall constitute Additional Rent payable by Tenant imply any consent or agreement on the part of Landlord to subject Landlord's estate to liability under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s mechanics' lien or other lien for such work law.
(b) Should any claims of lien be filed against the Premises or materials shall attach to or affect any action affecting the estate or interest of Landlord in and title to the PremisesPremises be commenced, unless specifically ordered by the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. Landlord in writing. Tenant or its representative shall have no power the right to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance post and keep posted upon the estate Premises notices of nonresponsibility or such other notices which Landlord may deem to be proper for the protection of Landlord, or any other 's interest of Landlord in the Premises. Tenant shall, before the Building or commencement of any work which might result in any such lien, give to Landlord advance written notice of its intention to do so in reasonably sufficient time to enable the other Improvements or any part thereofposting of such notices.
Appears in 4 contracts
Samples: Store Lease Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct, or to require that Tenant promptly deposit with Landlord in cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord in writing. Tenant until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.
Appears in 4 contracts
Samples: Standard Office Lease, Standard Office Lease (Tut Systems Inc), Standard Office Lease (Nexsan Corp)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord within ten (10) days following written demand), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys' fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.
Appears in 3 contracts
Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractormaterialmen’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises other liens to be filed against all or any part thereof or the income therefrom or any personal property used in connection with the operation of the PremisesProject, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesSite, the Building or the Premises, nor against Tenant’s leasehold interest in the Premises, by reason of or in connection with any repairs, alterations, improvements or other Improvements work contracted for or undertaken by Tenant or any part other act or omission of Tenant or any Tenant Parties. Tenant shall, at Landlord’s request, provide Landlord with enforceable, unconditional and final lien releases (and other evidence reasonably requested by Landlord to demonstrate protection from liens) from all persons furnishing labor and/or materials with respect to the Premises. Landlord shall have the right at all reasonable times to post on the Premises and record any notices of non-responsibility which it deems necessary for protection from such liens. If any such liens are filed, Tenant shall, at its sole cost, immediately cause such lien to be released of record or bonded to Landlord’s reasonable satisfaction so that it no longer affects title to the Project, the Site, the Building or the Premises. If Tenant fails to cause such lien to be so released or bonded within twenty (20) days after filing thereof, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its obligations, cause such lien to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within five (5) days after receipt of invoice from Landlord, any sum paid by Landlord to remove such liens, together with interest at the Interest Rate from the date of such payment by Landlord. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.
Appears in 3 contracts
Samples: Office Lease (Auspex Pharmaceuticals, Inc.), Office Lease (Hi/Fn Inc), Office Lease (Axesstel Inc)
Liens. Tenant shall not do keep the Premises free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens arising out of work or services performed, materials furnished to or obligations incurred by Tenant, or, in the alternative, Tenant may bond over any agreement (expressed liens to the reasonable satisfaction of Landlord. Tenant further covenants and agrees that any mechanic’s or implied), chattel mortgage, security agreement, financing statement or otherwise) upon materialman’s lien filed against the Premises for work or services claimed to have been done for, or materials claimed to have been furnished to, or obligations incurred by Tenant shall be discharged or bonded by Tenant within twenty (20) days after the filing thereof, at Tenant’s sole cost and expense. Should Tenant fail to discharge or bond against any part thereof or the income therefrom or any personal property used in connection with the operation lien of the Premisesnature described in this Section, Landlord may, at Landlord’s election, pay such claim or otherwise provide security to eliminate the lien as a claim against title, and Tenant shall not suffer any other matter or thing whereby immediately reimburse Landlord for the estate, rights and interest of Landlord in the Premises or any part costs thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute as Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingRent. Tenant shall have no power indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to do Landlord) and hold the Landlord Indemnitees harmless from and against any act or make Claims arising from any contract that may create or be the foundation for such liens, including any lienadministrative, mortgage court or other encumbrance upon legal proceedings related to such liens. In the estate event that Tenant leases or finances the acquisition of Landlordoffice equipment, furnishings or any other interest personal property of Landlord a removable nature utilized by Tenant in the operation of Tenant’s business, Tenant warrants that any Uniform Commercial Code financing statement shall, upon its face or by exhibit thereto, indicate that such financing statement is applicable only to removable personal property of Tenant located within the Premises, the Building or the other Improvements or any part thereof.
Appears in 3 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit there to be createdfiled against the Property or Landlord’s interest therein or any part of either, and shall promptly dischargeforthwith remove or have removed, any mechanics’, or materialmen’s or other lien, or claim thereof, filed by reason of work, labor, services or materials provided for or at the request of Tenant (other than work, labor, services or materials provided by the Landlord) or any subtenant or occupant or for any contractor or subcontractor employed by Tenant or any subtenant or occupant, and shall exonerate, protect, defend and hold free and harmless Landlord against and from any and all such claims or liens. Without limitation of the foregoing, if any such claim or lien (includingbe filed, Landlord may, but shall not limited be obligated to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien it either by paying the amount claimed to be due in the claim or lien or by procuring the discharge of such lien or claim by deposit or by bonding proceedings, and in any such event event, Landlord shall be entitled entitled, if it Landlord so elects elects, to compel the prosecution of an any action for the foreclosure of such lien by the claimant or lienor and to pay the amount of any judgment in favor of the lien owner lienor with interest, costs and allowances. Any amount so paid by Landlord Lxxxxxxx and all costs and expenses (including expenses, including, without limitation, reasonable attorneys’ fees) incurred by Landlord , in connection therewith therewith, together with interest thereon at the Lease Interest Rate (hereinafter defined) from the respective dates of Landlord’s making of the payments and incurring of the costs and expenses, shall constitute Additional Rent additional rent payable by Tenant under this Lease, due from Lease and shall be paid by Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.
Appears in 3 contracts
Samples: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)
Liens. Tenant shall not do all things reasonably necessary to prevent the filing of any act which shall in construction, mechanics’ or other liens or encumbrances against the Building or the Land, or any way encumber the title part thereof, or upon any interest of Landlord in and or any mortgagee of the Land and/or the Building, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant, or anyone holding the Leased Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any part thereof; through or under Tenant. If any such lien (includingor encumbrance shall at any time be filed against the Leased Premises, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lienportion thereof, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to either cause any such lien same to be discharged of record, then Landlord, after record within thirty (30) days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security as Landlord shall determine to be necessary and/or required to prevent any foreclosure proceedings against the Leased Premises, or any portion thereof, during the pendency of such contest, and Tenant shall cause the title insurance company or companies insuring the respective interests in the Leased Premises of Landlord and/or Landlord’s mortgagee(s) in any portion of the Leased Premises to remove such lien as a matter affecting title to the Leased Premises. If after ten days’ written notice of its intention to do soTenant, Tenant shall have the rightfail to discharge any such lien or encumbrance within such period or fail to furnish such security, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from said default of Tenant, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit giving security or bonding proceedingsin such other manner as is, or may be, prescribed by law, and in any such event Landlord shall be entitled if it so elects to compel the prosecution all costs, expenses, and other sums of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred money spent by Landlord in connection therewith shall constitute Additional Rent payable by an Advance. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant under this Leasefor the furnishing of any labor, due from services, materials, supplies, or equipment with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of obtain payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingsame. Tenant shall have no power indemnify and defend Landlord from and against any liability, loss, damage, costs, attorneys’ fees, and any other expense incurred as a result of claims of lien by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant, which indemnity obligation shall survive the expiration or termination of this Lease. Tenant shall give Landlord notice of the intended commencement date at least ten (10) days prior to do the commencement of any act or make any contract that work for which a claim of lien may create or be the foundation for any lien, mortgage or other encumbrance upon the estate filed to enable Landlord to post notices of Landlord, non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord’s interest of Landlord in the Premises, Leased Premises and Landlord shall have the Building or right to enter the other Improvements or Leased Premises and post such notices at any part thereofreasonable time.
Appears in 3 contracts
Samples: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)
Liens. Tenant shall not do permit any act which shall in mechanic's, materialmen's or other liens to be filed against all or any way encumber part of the title of Landlord in and to Project, the Building or the Premises, nor shall Tenant create against Tenant's leasehold interest in the Premises, by reason of or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation any repairs, alterations, improvements or other work contracted for or undertaken by Tenant or any other act or omission of Tenant or Tenant's agents, employees, contractors, licensees or invitees. Tenant shall, at Landlord's request, provide Landlord with enforceable, conditional and final lien releases (and other reasonable evidence reasonably requested by Landlord to demonstrate protection from liens) from all persons furnishing labor and/or materials with respect to the Premises, and Tenant . Landlord shall not suffer any other matter or thing whereby have the estate, rights and interest of Landlord in right at all reasonable times to post on the Premises or and record any part thereof might be impairednotices of non-responsibility which it deems necessary for protection from such liens. If any such liens are filed, Tenant shall fail to shall, at its sole cost, immediately cause any such lien to be discharged released of recordrecord or bonded so that it no longer affects title to the Project, then the Building or the Premises. If Tenant fails to cause such lien to be so released or bonded within twenty (20) days after filing thereof, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its obligations, cause such lien to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within five (5) days after receipt of invoice from Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so sum paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseto remove such liens, due from Tenant to Landlord together with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum Interest Rate from the date of such payment thereofby Landlord. This Lease shall constitute notice Notice is hereby given that Landlord shall not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding the Premises for Tenant upon creditthrough or under Tenant, and that no mechanic’s mechanics' or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 3 contracts
Samples: Multi Tenant Lease (Encore Capital Group Inc), Multi Tenant Industrial Lease (E Digital Corp), Multi Tenant Industrial Lease (HNC Software Inc/De)
Liens. Tenant Lessee shall not do keep the Premises and every portion of the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesall mechanics’, nor shall Tenant create or permit to be createdmaterialmen’s and other liens, and shall promptly dischargeclaims thereof, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement work performed, materials furnished or obligations incurred by or for Lessee. Lessee shall indemnify and defend with counsel acceptable to Lessor and hold Lessor harmless from and against any liens, demands, claims, actions, suits, proceedings, orders, losses, costs, damages, liabilities, penalties, expenses, judgments or encumbrances (expressed including without limitation, attorneys’ fees) arising out of any work or implied), chattel mortgage, security agreement, financing statement services performed or otherwise) upon materials furnished by or at the Premises direction of Lessee or Lessee’s Agents or any part thereof contractor employed by Lessee with respect to the Premises. Should any claims of lien relating to work performed, materials furnished or the income therefrom obligations incurred by Lessee be filed against, or any personal property used in connection with the operation of action be commenced affecting the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedof the Project, and/or Lessee’s interest therein, Lessee shall give Lessor notice of such lien or action within three (3) days after Lessee receives notice of the filing of the lien or the commencement of the action. If Tenant shall fail to Lessee does not, within twenty (20) days following the imposition of any such lien, cause any such lien to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLessor shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedycause the same to be released by such means as it shall deem proper, including by payment of the claim giving rise to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien posting a proper bond, or by deposit requiring Lessee to post for Lessor’s benefit a bond, surety, or bonding proceedings, cash amount equal to one and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay one-half (1-1/2) times the amount of judgment in favor of lien and sufficient to release the lien owner with interest, costs Premises and allowancesProject from the lien. Any amount so All sums paid by Landlord Lessor pursuant to this Article 12 and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith including attorneys’ fees and costs shall constitute Additional Rent be payable to Lessor by Tenant under this Lease, due from Tenant to Landlord at the next Lessee as additional rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.
Appears in 3 contracts
Samples: Net Office Lease (Pure Storage, Inc.), Net Office Lease (Splunk Inc), Net Office Lease (Borland Software Corp)
Liens. Tenant Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or other work done by Lessee to the Premises and further agrees to indemnify and hold harmless Lessor from and against any and all such costs and liabilities incurred by Lessee, and against any and all mechanic’s, materialmen’s or laborer’s liens arising out of or from such work or the cost thereof which may be asserted, claimed or charged against the Premises or the Building or site on which it is located. Notwithstanding anything to the contrary in this Lease, the interest of Lessor in the Premises shall not do any act which be subject to liens for improvements made by or for Lessee, whether or not the same shall be made or done in any way encumber the title of Landlord in accordance with an agreement between Lessor and to the Premises, nor shall Tenant create or permit to be createdLessee, and it is specifically understood and agreed that in no event shall promptly discharge, any such lien (including, but not limited to, Lessor or the interest of Lessor in the Premises be liable for or subjected to any mechanic’s, contractormaterialmen’s or laborer’s liens for improvements or work made by or for Lessee; and this Lease specifically prohibits the subjecting of Lessor’s interest in the Premises to any mechanic’s, subcontractormaterialmen’s or material manlaborer’s liens for improvements made by Lessee or for which Lessee is responsible for payment under the terms of this Agreement. All persons dealing with Lessee are hereby placed upon notice of this provision. In the event any notice or claim of lien or any lien, encumbrance or charge arising out shall be asserted of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon record against the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord Lessor in the Premises or Building or the site on which it is located on account of or growing out of any part thereof might be impaired. If Tenant improvement or work done by or for Lessee, or any person claiming by, through or under Lessee, or for improvements or work the cost of which is the responsibility of Lessee, Lessee agrees to have such notice of lien canceled and discharged of record as a claim against the interest of Lessor in the Premises or the Building or the site on which it is located (either by payment or bond as permitted by law) within ten (10) days after notice to Lessee by Lessor, and in the event Lessee shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord Lessee shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment considered in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant default under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 3 contracts
Samples: Lease Agreement (Summit Financial Services Group Inc), Lease Agreement (Summit Financial Services Group Inc), Lease Agreement (Summit Financial Services Group Inc)
Liens. Tenant To the extent required under the Credit Agreement, the Mortgagor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Mortgaged Property, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor, without expense to the Mortgagee. The Mortgagor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdo, nor shall Tenant create or permit to be createddone, anything that may in anyway impair the value of the Mortgaged Property, or weaken, diminish, or impair the security of this Mortgage. Should any fixture be installed to the Mortgaged Property from or after the date hereof, the lien of this Mortgage shall immediately attach to said fixture and shall be prior and superior to all other liens or claims. The Mortgagor will promptly perform and observe, or cause to be performed or observed, all of the terms, covenants, and shall promptly dischargeconditions of all Permitted Encumbrances, any such lien (includingas set forth in Exhibit B attached hereto, but not limited tothe noncompliance with which may affect the security of this Mortgage, any mechanic’s, contractor’s, subcontractor’s or material man’s lien may impose duty or obligation upon the Mortgagor or any lien, encumbrance sublessee or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation occupant of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements Mortgaged Property or any part thereof, and the Mortgagor shall do or cause to be done all things necessary to preserve intact and unimpaired all easements, appurtenances, and other interests and rights in favor of or constituting any portion of the Mortgaged Property.
Appears in 3 contracts
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Financing Statement (Highwater Ethanol LLC), Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Financing Statement (Highwater Ethanol LLC), Mortgage (Highwater Ethanol LLC)
Liens. Tenant shall not do any act which promptly file and/or record, as applicable, all notices of completion provided for by law, and shall in any way encumber pay and discharge all claims for work or labor done, supplies furnished or services rendered at the title request of Tenant or at the request of Landlord in on behalf of Tenant, and to shall keep the Premises, nor shall Tenant create or permit to be created, the Property and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, the Project free and clear of all contractor’s, subcontractormechanics', materialmen's and worker’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used liens in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of therewith. Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not and shall be given ten (10) business days written notice by Tenant prior to commencement of the obligationwork, to post or keep posted on the Premises, or in the immediate vicinity thereof, any notices of non-responsibility for any construction, alteration, or repair of the Premises by Tenant. If any such lien or notice preceding the filing of any lien is filed, Tenant shall cause same to be discharged of record within ten (10) days thereof, or if Tenant disputes the correctness or validity of any claim of lien, Landlord may, in addition its reasonable discretion, permit Tenant to post or provide security in a form and amount acceptable to Landlord to insure that title to the Building and the Project remains free from any other right such actual or remedypotential encumbrance. If said lien or potential encumbrance is not timely discharged by Tenant as aforesaid, Landlord may, but shall not be required to, take such action or pay such amount as may be necessary to discharge remove such lien either by paying the amount claimed and Tenant shall pay to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in Landlord as Additional Rent any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien amounts expended by the lienor and to pay the amount of judgment in favor of the lien owner with interestLandlord, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent the Default Rate of 12% within five (3%5) per annum days after notice is received from Landlord of the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered amount expended by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 3 contracts
Samples: NNN Lease Agreement (Zoned Properties, Inc.), NNN Lease Agreement (Zoned Properties, Inc.), NNN Lease Agreement (Zoned Properties, Inc.)
Liens. Tenant shall not do any act which shall in any way encumber Lxxxxx agrees that it will make full and prompt payment of all sums necessary to pay for the title cost of Landlord in and repairs, alterations, improvements, changes or other work done by Lxxxxx to the Premises, nor shall Tenant create or permit and further agrees to be createdindemnify and hold harmless Lessor from and against any and all such costs and liabilities incurred by Lxxxxx, and shall promptly discharge, against any such lien (including, but not limited to, any and all mechanic’s, contractor’s, subcontractormaterialman’s or material manlaborer’s lien or any lien, encumbrance or charge liens arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work which may be asserted, claimed or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in charged against the Premises, the Building or the other Improvements Project. Notwithstanding anything to the contrary in this Lease, Lessor shall not be liable for and the interest of Lessor in the Premises and the Project shall not be subject to, any mechanic’s, materialman’s or laborer’s liens for improvements or work made by or for Lessee, whether or not the same shall be made or done in accordance with an agreement between Lessor and Lessee. It is specifically understood and agreed that in no event shall Lessor or the interest of Lessor in the Premises be liable for or subject to any mechanic’s materialman’s or laborer’s liens for improvements or work made by or for Lessee; and this Lease specifically prohibits the subjecting of Lessor’s interest in the Premises to any mechanic’s, materialman’s or laborer’s liens for improvements made by Lxxxxx or for which Lxxxxx is responsible for payment under the terms of this Lease. All persons dealing with Lessee are hereunder placed upon notice of these provisions. In the event any notice or claim of lien shall be asserted of record against the interest of Lessor in the Premise or the Project on account of or growing out of any improvement or work done by or for Lessee or any person claiming by, through or under Lxxxxx, or tor improvements or work the cost of which is the responsibility of Lxxxxx, Lxxxxx agrees to have such notice or claim of lien canceled and discharged of record (either by payment and satisfaction or by removal by transfer to bond or deposit as permitted by law) within thirty (30) days after notice to Lessee by Lessor. Lessee may contest any such lien after discharging the same by transfer to a bond or deposit pursuant to Florida law. Lessee shall have the right to grant a security interest to any bank or other lending institution in Lxxxxx’s trade fixtures and equipment provided that such security interest does not attach to any part thereofof the Premises. Upon execution of this Lease, Lxxxxx and Lxxxxx shall execute a Memorandum of this Lease in the form attached as Exhibit “E” hereto, which may be recorded among the Public Records of the County in which the Project is located at Lessor’s sole option.
Appears in 3 contracts
Samples: Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp), Commercial Lease (Vocodia Holdings Corp)
Liens. Tenant 9.1. During the term of this Sublease, Sublessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be createdremain, and shall promptly discharge, any such lien (includingat its cost and expense, but not limited toall liens, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) encumbrances and charges upon the Subleased Premises or any part thereof resulting from or the income therefrom or any personal property used in connection with the operation caused by work performed on behalf of the PremisesSublessee; provided, and Tenant that the existence of any mechanics', laborers', materialmen's, suppliers' or vendors' liens or rights thereto shall not suffer constitute a violation of this Article if payment is not yet due under the applicable contract. Sublessee shall, however, have the right to contest with due diligence the validity or amount of any other matter lien or thing whereby the estateclaimed lien, rights if Sublessee shall give to Sublessor such security as Sublessor may reasonably require to insure payment thereof and prevent any sale, foreclosure or forfeiture of Sublessee's interest of Landlord in the Subleased Premises or any part portion thereof might be impairedby reason of such nonpayment. If Tenant On final determination of the lien or claim for lien, Sublessee shall immediately pay any judgment rendered with all proper costs and charges and shall have the lien released or judgment satisfied at Sublessee's own expense, and if Sublessee shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, Sublessor may at its option pay any such final judgment and clear the Subleased Premises therefrom. If Sublessee shall have fail to contest with due diligence the rightvalidity or amount of any such lien or claimed lien, or to give Sublessor security as hereinabove provided, Sublessor may, but shall not be required to, contest the obligation, in addition to validity or amount of any other right or remedy, to discharge such lien either by paying or claimed lien or settle or compromise the same without inquiring into the validity of the claim or the reasonableness of the amount claimed to be due or by procuring thereof, and in the discharge event of any Sublessor payment of such lien by deposit or bonding proceedings, and in any such event Landlord amount the Sublessor shall be entitled if it so elects to compel an additional 20% of such amount as a penalty and the prosecution lien amount and penalty shall be charged to the Sublessee as Additional Rent hereunder.
9.2. Should any lien be filed against the Subleased Premises or the Building in which the Subleased Premises are a part, or should any action of an action for foreclosure any character affecting the title thereto be commenced, Sublessee shall give to Sublessor written notice thereof as soon as notice of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and action comes to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate knowledge of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofSublessee.
Appears in 3 contracts
Samples: Sublease (Aprisma Management Technologies Inc), Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc)
Liens. Should any Tenant shall not do Lien(s) (as hereinafter defined) be filed against any act which shall in any way encumber the title portion of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesinterest therein, and Tenant shall not suffer any other matter cause the same to be cancelled or thing whereby the estate, rights and interest discharged of Landlord in the Premises record by bond or any part thereof might be impairedotherwise within thirty (30) days after Tenant becomes aware thereof. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after cancel or discharge said Tenant Lien(s) within said thirty (30) days notice day period, Landlord may cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs actually incurred in canceling or discharging such Tenant Lien(s), together with interest thereon from the date paid by Landlord to the date reimbursed by Tenant at the Default Rate. As used herein, the term “Tenant Lien(s)” shall mean any charge, lien, security interest or encumbrance, including all liens which arise out of its intention the use, occupancy, construction, repair or rebuilding of the Premises or by reason of labor or materials furnished or claimed to do so, shall have been furnished to Tenant or for the rightPremises, but not the obligationincluding any mortgage, in addition to any other right charge, lien, security interest or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid encumbrance created by Landlord and all costs and expenses (including reasonable attorneys’ feessuch as, without limitation, the Landlord Mortgage (as hereinafter defined) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest lien securing monetary obligations of Landlord in excluding items that Tenant is specifically responsible for under this Lease (e.g., liens for Impositions) (each a “Landlord Lien”)). Landlord hereby irrevocably, unconditionally and expressly waives any and all liens on the Premisesproperty of Tenant and its sublessees, the Building express or the other Improvements implied, statutory or any part thereofcontractual.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within ten (10) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics’ and materialmen’s liens, and Tenant shall give Landlord not less than ten (10) Business Days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics’ or materialmen’s liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord’s consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics’ or any part thereofmaterialmen’s liens.
Appears in 3 contracts
Samples: Lease (SVMK Inc.), Lease (SVMK Inc.), Sublease (Zuora Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in filed against the Premises, the Building or the Project or of any portion thereof or against Tenant’s leasehold interest in the Premises any mechanics’, materialmen’s or other Improvements liens, including without limitation any state, federal or local “superfund” or Hazardous Materials cleanup lien imposed as a result of the presence of Hazardous Materials in, on or about the Premises, the Building or any part other portion of the Project. Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notices that it deems necessary for protection from such liens. Tenant shall discharge any lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, by bond or otherwise, within ten (10) business days after the filing thereof, at the cost and expense of Tenant. If any such liens are filed and Tenant fails to discharge them pursuant to the foregoing sentence, Landlord may, without waiving its rights and remedies based on such breach of Tenant and without releasing Tenant from any of its obligations hereunder, cause such lien(s) to be released by any means it shall deem proper, including payments in satisfaction of the claim giving rise to such lien or by obtaining a corporate statutory mechanic’s lien release bond in an amount equal to one hundred fifty percent (150%) of such lien claim. Tenant shall: (a) pay to Landlord, immediately upon Notice from Landlord, any cost or expense, including, without limitation, attorneys’ fees and costs, incurred by Landlord by reason of Tenant’s failure to discharge any such lien, together with interest thereon at the maximum rate per annum permitted by Law from the date of such payment by Landlord and (b) shall indemnify, defend and hold the Landlord Indemnified Parties harmless from and against any liens.
Appears in 3 contracts
Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.), Lease Agreement (Anaptysbio, Inc), Lease Agreement (Crinetics Pharmaceuticals, Inc.)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit to be createdfiled against the Building, and shall promptly dischargethe Parking Facility, the Project or of any portion thereof, or against Tenant’s leasehold interest in the Premises, any such lien (mechanics’, materialmen’s or other liens, including, but not limited towithout limitation, any mechanic’sstate, contractor’sfederal or local “superfund” or Hazardous Materials cleanup lien imposed as a result of the presence of Hazardous Materials in, subcontractor’s on or material man’s lien about the Premises, the Parking Facility, the Building or any lien, encumbrance or charge arising out other portion of the Project. Landlord shall have the right at all reasonable times to post and keep posted on the Premises any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon notices that it deems necessary for protection from such liens. Tenant shall discharge any lien filed against the Premises or against the Building or Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. If any part thereof or such liens are filed and Tenant fails to discharge them pursuant to the income therefrom or foregoing sentence, Landlord may, without waiving its rights and remedies based on such breach of Tenant and without releasing Tenant from any personal property used of its obligations hereunder, cause such lien(s) to be released by any means it shall deem proper, including payments in connection with the operation satisfaction of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail claim giving rise to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge obtaining a statutory mechanic’s lien release bond in an amount equal to one hundred fifty percent (150%) of such lien by deposit claim. Tenant shall: (a) pay to Landlord, immediately upon Notice from Landlord, any cost or bonding proceedingsexpense, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestincluding, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable without limitation, attorneys’ fees) fees and costs, incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant reason of Tenant’s failure to Landlord at the next rent day after discharge any such paymentlien, together with interest thereon at Prime plus three percent (3%) the maximum rate per annum permitted by law from the date of such payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditby Landlord, and that no mechanic’s or other lien for such work or materials (b) shall attach to or affect indemnify, defend and hold the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements Landlord Indemnified Parties harmless from and against any all Claims arising out of or in connection with any part thereofsuch liens.
Appears in 3 contracts
Samples: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)
Liens. Tenant Sublessee shall not do keep the Subleased Premises and all alterations, additions and improvements thereto, free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens arising out of any agreement (expressed work performed or implied), chattel mortgage, security agreement, financing statement obligations incurred by or otherwise) upon the Premises for Sublessee or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedmaterials furnished to Sublessee. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, Sublessor shall have the rightright to post notices of no responsibility with respect to any work performed or obligations incurred by or for Sublessee or materials furnished to Sublessee. If Sublessee fails to keep the Subleased Premises free from any such liens and does not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond, Sublessor shall have, in addition to all other remedies provided herein and by law, the right but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due released by such means as it shall deem proper, including payment of or by procuring defense against the discharge of claim giving rise to such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceslien. Any amount so All sums paid by Landlord Sublessor and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith (including, without limitation, reasonable attorneys, fees) shall constitute Additional Rent create automatically an obligation of Sublessee to pay an equivalent amount as additional rent, which additional rent shall be payable by Tenant under this Lease, due from Tenant to Landlord Sublessee on Sublessor’s demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) maximum rate per annum from the date of payment thereofpermitted by law until paid. This Lease shall constitute notice that Landlord Such interest charged shall not be liable for constitute Sublessor’s exclusive remedy nor compromise or limit any work performed other rights granted Sublessor by this Sublease or by law or equity. Nothing herein shall imply any consent by Sublessor to subject Sublessor’s estate to liability under any mechanic’s lien law. Sublessee may contest the validity and/or amount of any lien imposed on the Subleased Premises, provided that Sublessee has caused such lien to be performed, released of record by the payment or any materials furnished or to be furnished, at posting of the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproper bond.
Appears in 2 contracts
Samples: Sublease Agreement (Ecost Com Inc), Sublease Agreement (Ecost Com Inc)
Liens. Tenant shall not do any act which shall in any way encumber keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Property free from all liens arising out of any agreement work performed, materials furnished or obligations incurred by or for Tenant AND TENANT SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST, AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, EXPENSES (expressed or impliedINCLUDING REASONABLE ATTORNEYS' FEES), chattel mortgageARISING FROM OR IN CONNECTION WITH ANY SUCH LIENS. In the event that Tenant shall not, security agreementwithin ten (10) days following notification to Tenant of the imposition of any such lien, financing statement or otherwise) upon cause the Premises or any part thereof same to be released of record by payment or the income therefrom or any personal property used posting of a bond in connection with the operation of the Premisesamount, form and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail substance acceptable to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention Landlord shall have, in addition to do soall other remedies provided herein and by law, shall have the right, right but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due released by such means as it shall deem proper, including payment of or by procuring defense against the discharge of claim giving rise to such lien by deposit lien. All amounts paid or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable be paid by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with on demand and shall bear interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofdemand until paid at the rate set forth in Section 15.10 below. This Nothing in this Lease shall constitute notice that Landlord shall not be liable for deemed or construed in any work performed way as constituting the consent or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Building or the Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's or other liens against the interest of Landlord in the Premises, the Building Property or the other Improvements or any part thereofPremises.
Appears in 2 contracts
Samples: Office Lease Agreement (Vignette Corp), Office Lease Agreement (Vignette Corp)
Liens. Tenant At no time during the Term shall Lessee, directly or indirectly, create, incur, assume or suffer to exist any Liens on or with respect to the Leased Property, or any component thereof, right or title thereto or any interest or estate therein or in this Lease, except for Permitted Liens. Lessee will promptly remove and discharge any Liens (other than Permitted Liens) upon the Leased Property or any Rent payable hereunder which arises for any reason, including all Liens which arise out of the use, occupancy, construction, repair or rebuilding of the Leased Property or by reason of labor or materials furnished or claimed to have been furnished to Lessee or for the Leased Property. If any Lien (other than any Permitted Lien) is filed or recorded against any portion of the Leased Property, Rent, or any part thereof, Lessee will cause such Lien to be discharged of record or bonded (to the extent permitted by Applicable Law) or otherwise rendered void within THIRTY (30) days after notice thereof; provided, however, that Lessee shall not do be required to so discharge or bond any act which such Lien while the same is being contested in good faith by appropriate proceedings diligently prosecuted so long as such proceedings shall in not involve (i) any way encumber material risk of the title sale, forfeiture or loss of Landlord in and the Leased Property or (ii) a material risk of reduction of the value, utility or remaining useful life (except to an insignificant extent) of the Premises, nor shall Tenant create or permit to be createdLeased Property, and shall not interfere with the disposition, of the Leased Property or any part thereof. If a final judgment, after the exhaustion of all appeals by Lessee, establishes the validity or existence of a Lien (other than a Permitted Lien) for any amount, Lessee shall promptly dischargesatisfy such judgment and release such Lien of record. If Lessee fails to pay any charge for which a Lien (other than a Permitted Lien) has been filed or recorded, as the case may be, Lessor, at its option, after THIRTY (30) days' prior written notice to Lessee, may pay the Lien and related costs and interest, and the amount so paid, together with reasonable attorneys' fees and other reasonable expenses incurred by Lessor in connection therewith, will be immediately due from Lessee to Lessor, together with interest at a rate equal to the Late Rate from the date any such lien (includingpayment was made by Lessor until Lessor is paid in full with such interest, but not limited toall as Additional Rent. Nothing contained in this Lease is intended to be or should be deemed to be the consent or agreement of Lessor to the performance by any contractor, any mechanic’slaborer, contractor’s, subcontractor’s materialman or material man’s lien or any lien, encumbrance or charge arising out vendor of any agreement (expressed labor or implied)services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises Leased Property or any part thereof or the income therefrom to subject Lessor's interest therein to liability under any mechanics' or other lien under Applicable Law. If either Lessor or Lessee receives notice that a Lien has been filed or is about to be filed against any personal property used in connection with the operation portion of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedLeased Property, or any action affecting title to the Leased Property has been commenced on account of work done for Lessee or materials furnished to Lessee, Lessor or to be furnishedLessee, at as the Premises for Tenant upon creditcase may be, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or promptly give the other Improvements party written notice of such Lien or any part thereofaction.
Appears in 2 contracts
Samples: Lease Agreement (Royal Ahold), Lease Agreement (Royal Ahold)
Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within twenty (20) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor reasonably deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics’ and materialmen’s liens, and Tenant shall give Landlord not less than ten (10) Business Days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics’ or materialmen’s liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord’s consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics’ or any part thereofmaterialmen’s liens.
Appears in 2 contracts
Liens. Tenant shall not do any act which shall in any way encumber Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the title cost of Landlord in and repairs, alterations, improvements, changes or other work done by Lessee to the Premises, nor shall Tenant create or permit Premises and further agrees to be createdindemnify and hold harmless Lessor from and against any and all such costs and liabilities incurred by Lessee, and shall promptly dischargeagainst any and all mechanic's, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s materialmen's or material man’s lien or any lien, encumbrance or charge laborer's liens arising out of any agreement (expressed or implied)from such work or the cost thereof which may be asserted, chattel mortgage, security agreement, financing statement claimed or otherwise) upon charged against the Premises or any part thereof the Building or site on which it is located. Notwithstanding anything to the contrary in this Lease, the interest of Lessor in the Premises shall not be subject to liens for improvements made by or for Lessee, whether or not the same shall be made or done in accordance with an agreement between Lessor and Lessee, and it is specifically understood and agreed that in no event shall Lessor or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord Lessor in the Premises be liable for or subjected to any mechanic's, materialmen's or laborer's liens for improvements or work made by or for Lessee; and this Lease specifically prohibits the subjecting of Lessor's interest in the Premises to any mechanic's, materialmen's or laborer's liens for improvements made by Lessee or for which Lessee is responsible for payment under the terms of this Agreement. All persons dealing with Lessee are hereby placed upon notice of this provision. In the event any notice or claim of lien shall be asserted of record against the interest of Lessor in the Premises or Building or the site on which it is located on account of or growing out of any part thereof might be impaired. If Tenant improvement or work done by or for Lessee, or any person claiming by, through or under Lessee, or for improvements or work the cost of which is the responsibility of Lessee, Lessee agrees to have such notice of lien cancelled and discharged of record as a claim against the interest of Lessor in the Premises or the Building or the site on which it is located (either by payment or bond as permitted by Law) within ten (10) days after notice to Lessee by Lessor, and in the event Lessee shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord Lessee shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment considered in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant default under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement (Interactive Technologies Com LTD), Lease Agreement (Interactive Technologies Com LTD)
Liens. Tenant To the extent payment by Owner has been made in accordance with Article 6 (including any disputed payments resolved in favor of Contractor): (a) Contractor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdirectly or indirectly create, nor shall Tenant create incur, assume or permit suffer to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien created by it or any Subcontractor, employee, laborer, materialman or other supplier of goods or services any right of retention, mortgage, pledge, assessment, security interest, lease, advance claim, levy, claim, lien, charge or encumbrance or charge arising out of any agreement (expressed or implied)on the Work, chattel mortgagethe Project Hardware, security agreementthe Project, financing statement or otherwise) upon the Premises Site or any part thereof or interest therein (each a “Contractor Lien”); (b) Contractor shall keep the income therefrom Work, the Project, the Site and the Project Hardware, including all Subcontractor equipment and materials free of Contractor Liens; and (c) Contractor shall promptly bond, pay or any personal property used in connection with the operation of the Premisesdischarge, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged discharge of record, any such Contractor Lien or other charges which, if unpaid, might be or become a Contractor Lien. Contractor shall Notify Owner as soon as practicable of the assertion of any such Contractor Lien. If any Owner Indemnitee becomes aware of any such Xxxxxxxxxx Xxxx, such Owner Indemnitee shall so Notify Contractor, and Contractor shall then, to the extent payment by Owner has been made in accordance with Article 6 bond or satisfy and obtain the release of such Contractor Lien. If Contractor does not within ten (10) Business Days after such Notice, bond or satisfy such Contractor Lien, then Landlord, after thirty (30) days notice of its intention to do so, any Owner Indemnitee shall have the right, but at its option, after Notification to Contractor, and subject to Applicable Law, to cause the release of, pay, or settle such Contractor Lien, and Owner at its sole option may: (1) require Contractor to pay, within five (5) days after request by Owner; or (2) withhold other amounts due or to become due to Contractor (in which case Owner shall, if it is not the obligationapplicable Owner Indemnitee, in addition pay such amounts directly to any other right Owner Indemnitee causing the release, payment, or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge settlement of such lien by deposit liens or bonding proceedingsclaims), all reasonable and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all direct costs and expenses (incurred by Owner Indemnitee in causing the release of, paying, or settling such Contractor Lien, including reasonable administrative costs and reasonable attorneys’ fees) incurred by Landlord in connection therewith . Contractor shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant have the right to Landlord at the next rent day after contest any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofContractor Lien.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement (Powersecure International, Inc.), Engineering, Procurement and Construction Agreement (Powersecure International, Inc.)
Liens. Tenant shall not do mortgage or otherwise encumber or allow to be encumbered its interest herein without obtaining the prior written consent of Landlord. Tenant shall not allow any act which liens to be filed against the Premises or the Property, and Tenant shall keep the Premises and the Property free and clear of any mechanic’s and materialman’s liens arising in connection with any way encumber the title of Landlord in and repair or alteration to the PremisesPremises performed by Tenant or its contractors. Should Tenant cause any mortgage, nor shall Tenant create lien or permit other encumbrance (hereinafter singularly or collectively referred to as “Encumbrance”) to be createdfiled, and against the Premises or the Property, Tenant shall promptly dischargedismiss or bond against same within fifteen (15) days after the filing thereof. If Tenant fails to remove said Encumbrance within said fifteen (15) days, any such lien (Landlord shall have the absolute right to remove said Encumbrance by whatever measures Landlord shall deem convenient including, but not limited towithout limitation, payment of such Encumbrance, in which event Tenant shall reimburse Landlord, as Additional Rent, all costs expended by Landlord, including reasonable attorneys fees, in removing said Encumbrance. Tenant shall indemnify, defend and hold harmless Landlord and its agents, employees and contractors from and against any mechanic’sdamages, contractor’s, subcontractor’s losses or material man’s lien or any lien, encumbrance or charge costs arising out of any agreement (expressed such claim and from any liens or implied), chattel mortgage, security agreement, financing statement encumbrances arising from any work performed by Tenant or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation on behalf of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might the Property. Tenant’s indemnification of Landlord contained in this Paragraph shall survive the expiration or earlier termination of this Lease. All of the aforesaid rights of Landlord shall be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right remedies which either Landlord or remedyTenant may have available to them at law or in equity. Notwithstanding anything in this Lease to the contrary, Tenant is not authorized to discharge such lien either by paying the amount claimed to be due act for or by procuring the discharge on behalf of such lien by deposit Landlord as Landlord’s agent or bonding proceedingsotherwise, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed purposes of constructing improvements, additions or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and alterations to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement (R&r Acquisition Vi, Inc), Lease Agreement (HealthWarehouse.com, Inc.)
Liens. Tenant Subject to the exceptions hereinafter stated in Section 5.1, MBPI officially warrants and represents to MPM, that during the Term, neither MBPI nor the Authority shall not do any act which shall in any way encumber whatsoever, either directly or indirectly, to cause any person or entity to become an encumbrancer or lienholder of any Facility asset other than the title Lender(s) (for the avoidance of Landlord doubt, including any secured party under the Bank Loan Documents), or to allow any person or entity to obtain any interest in this Agreement without the prior written consent of MPM, and, where applicable, consent from the United States. MPM specifically warrants and represents to MBPI, that during the PremisesTerm, nor MPM shall Tenant create not act in any way, directly or permit indirectly, to be createdcause any person or entity to become an encumbrancer or lienholder of any Facility asset other than the secured parties under the Bank Loan Documents, or to obtain any interest in this Agreement without prior consent of MBPI and, where applicable, the United States. MBPI and MPM shall promptly dischargekeep the Facility free and clear of all enforceable mechanics’ and other enforceable liens resulting from the construction of the Facility and all other enforceable liens which may attach to any Facility asset, which shall at all times remain the property of the United States in trust for MBPI. If any such lien (includingis claimed or filed, but not limited to, any mechanic’s, contractor’s, subcontractor’s it shall be the duty of MBPI to discharge or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon take the Premises or any part thereof legal action to contest the claim or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days after having been given written notice of its intention such claim either by payment to do sothe claimant or by the posting of a bond and the payment into the court of the amount necessary to relieve and discharge or discharge the Facility asset from such claim, shall have the right, but not the obligation, or in addition to any other right manner which will result in the discharge or remedystay of such claim, and MPM is authorized to act on behalf of MBPI to discharge such lien either by paying the amount claimed any liens if MBPI fails to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an take appropriate action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses towards that goal within that thirty (including reasonable attorneys’ fees30) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofperiod.
Appears in 2 contracts
Samples: Management Agreement, Management Agreement (Station Casinos Corp.)
Liens. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs and/or reconstruction of or to the Leased Premises, Landlord and Tenant shall hereby agree and confirm that (i) Landlord has not do consented and will not consent to the furnishing of any act which shall labor or materials to the Leased Premises that would or may result in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s mechanics' or material man’s lien 's liens attaching to the Building or any lienLandlord's interest in the Leased Premises, encumbrance or charge arising out (ii) Tenant is not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs and/or reconstruction, and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs and/or reconstruction are or is accomplished, and has made no agreement (expressed to make or implied), chattel mortgage, security agreement, financing statement be responsible for any payment to or otherwise) upon for the Premises benefit of any person furnishing labor and/or materials in connection therewith. No such person furnishing labor and/or materials to or for the account of Tenant shall be entitled to claim any part thereof lien against the Building or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Leased Premises and such person(s) shall look solely to Tenant and the leasehold interest of Tenant under this Lease for satisfaction of any such claims. If, because of any act or omission of Tenant or any person claiming by, through or under Tenant, any mechanic's, material-man's or other lien shall be filed and/or asserted against the Leased Premises or any part thereof might be impaired. If Tenant shall fail to cause any the Building or against other property of Landlord (whether or not such lien is valid or enforceable as such), Tenant shall, at its own expense, cause the same to be discharged of record, then Landlord, after record or bonded over within thirty (30) days notice after the date of its intention filing thereof, and shall also indemnify Landlord and hold it harmless from any and all claims, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, resulting therefrom or by reason thereof. Landlord may, but shall not be obligated to, pay the claim upon which such lien is based so as to do have such lien released of record; and, if Landlord does so, then Tenant shall have the rightpay to Landlord, but not the obligationas additional rent, in addition to any other right or remedyupon demand, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestsuch claim, costs and allowances. Any amount so paid by Landlord and plus all other costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasetherewith, due from Tenant to Landlord at the next rent day after any such payment, with plus interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofDelinquency Interest Rate until paid. This Lease section shall constitute notice that Landlord shall not be liable for any work performed survive the expiration or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest earlier termination of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofthis Lease.
Appears in 2 contracts
Samples: Lease Agreement (Symbion Inc/Tn), Lease Agreement (I Trax Inc)
Liens. Tenant 10.1. During the term of this Sublease, Sublessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be createdremain, and shall promptly discharge, any such lien (includingat its cost and expense, but not limited toall liens, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) encumbrances and charges upon the Subleased Premises or any part thereof or the income therefrom or any personal property used in connection with the operation which arise as a result of the Premisesactions/inactions of Sublessee. Sublessee shall, however, have the right to contest with due diligence the validity or amount of any lien or claimed lien, if Sublessee shall give to Sublessor such security as Sublessor may reasonably require to insure payment thereof and Tenant shall not suffer prevent any other matter sale, foreclosure or thing whereby the estate, rights and forfeiture of Sublessee’s interest of Landlord in the Subleased Premises or any part portion thereof might be impairedby reason of such nonpayment. If Tenant On final determination of the lien or claim for lien, Sublessee shall immediately pay any judgment rendered with all proper costs and charges and shall have the lien released or judgment satisfied at Sublessee’s own expense, and if Sublessee shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, Sublessor may at its option pay any such final judgment and clear the Subleased Premises therefrom. If Sublessee shall have fail to contest with due diligence the rightvalidity or amount of any such lien or claimed lien, or to give Sublessor security as hereinabove provided, Sublessor may, but shall not be required to, contest the obligationvalidity or amount of any such lien or claimed lien or settle or compromise the same without inquiring into the validity of the claim or the reasonableness of the amount thereof.
10.2. Should any lien be filed against the Subleased Premises or the building in which the Subleased Premises are a part arising from work performed by or on behalf of Sublessee, in addition or should any action of any character affecting the title thereto be commenced due to any other right actions or remedyfailure to act of Sublessee, Sublessee shall give to discharge such lien either by paying the amount claimed to be due or by procuring the discharge Sublessor written notice thereof as soon as notice of such lien by deposit or bonding proceedings, action comes to the knowledge of Sublessee and in Sublessee shall cause any such event Landlord shall be entitled if it so elects to compel the prosecution of an lien or action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofdismissed within a reasonable period time.
Appears in 2 contracts
Samples: Sublease Agreement (FlexEnergy Green Solutions, Inc.), Sublease Agreement (FlexEnergy Green Solutions, Inc.)
Liens. Tenant shall not do keep the Premises and the Building free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge claim of lien arising out of any agreement (expressed work performed upon or implied), chattel mortgage, security agreement, financing statement or otherwise) upon materials furnished to the Premises by or on behalf of Tenant. Tenant hereby agrees to indemnify and hold Landlord harmless from any part thereof loss, cost, or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause liability resulting from any such lien to be discharged or claim of recordlien. In the event any lien or claim of lien is filed against the Building, then the Land or the Premises by any person claiming by, through or under Tenant, Tenant shall, upon the request of Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment immediately post in favor of the lien owner with interestLandlord, costs at Tenant’s expense, a bond in form and allowances. Any amount so paid by satisfactory to Landlord and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs liability, costs, and expenses (expenses, including reasonable attorneys’ and collection agency fees) incurred , which Landlord may incur as a result of the lien. Provided that such bond has been furnished to Landlord, Tenant, at its sole cost and expense and after written notice to Landlord, may contest, by Landlord appropriate proceedings conducted in connection therewith shall constitute Additional Rent payable by Tenant under this Leasegood faith and with due diligence, due from Tenant to Landlord at the next rent day after any such paymentlien, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedencumbrance, or any charge against the Premises arising from work done or materials furnished or provided to be furnished, at the Premises for Tenant upon creditor on behalf of Tenant, provided such proceedings suspend the collection thereof and Landlord determines that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in neither the Premises, the Building or the other Improvements or nor any part thereofthereof or interest therein is or will be in any danger of being sold, forfeited or lost.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Tableau Software Inc)
Liens. Tenant shall not do any act which shall in any way A. The Lessee covenants and agrees with the Lessor that the Lessor may encumber the its title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel Premises with a mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation irrespective of the Premisesexistence of this Lease. Lessee shall have no power or authority to mortgage or otherwise encumber its interest in this Lease.
B. The Lessee shall never, and Tenant shall not suffer under any other matter circumstances, have the power to subject the present or thing whereby residual interests of the estate, rights and interest of Landlord Lessor in the Premises or any part thereof might be impairedimprovements thereof, to any mechanic or materialman's lien or other liens of any kind. If Tenant shall fail All persons who may hereafter during the life of this Lease furnish work, labor, services or materials to cause the Premises, by or through the Lessee, must look wholly to the interests of the Lessee, and not to that of the Lessor.
C. Lessee consents to the assignment of the Lease from Lessor to any Lender or Mortgagee ("the lender"). During the time of any such lien assignment to the Lender, the parties agree that the Lease shall not be discharged modified or amended without the prior written consent of record, then Landlord, after thirty (30) days the Lender. Lessor will provide notice of its intention any such assignment to do soLessee including the assignee's name and address. In the event of a default by Lessor under the Lease, Lessee agrees to give the Lender prompt written notice of such default at the same time such notice is given to Lessor. The notice and cure periods shall be the same as afforded Lessor under the Lease and shall run successive to those periods afforded Lessor.
X. Xxxxxx shall have the rightright to transfer, but not assign, mortgage or convey in whole or in part the obligationPremises, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsland upon which it is situated, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant of its rights under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofand nothing herein shall be construed as a restriction upon Lessor's so doing. This Lease shall constitute notice that Landlord shall not be liable for and all rights of the Lessor hereunder are subject and subordinate to any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest deeds of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lientrust, mortgage or other encumbrance upon instruments of security which do now or may hereafter cover the estate of Landlord, Building and the land or any other interest of Landlord Lessor therein, and to any and all advances made on the security thereof, and to any and all increases, renewals, modifications, consolidations, replacements and extensions of any such deeds of trust, mortgages or instruments of security. This provision is hereby declared to be self- operative and no further instrument shall be required to effect such subordination of this Lease. Lessor will insure that each such instrument to which this is to be subordinate provides that Lessee's possession shall not be disturbed so long as Lessee is not in the Premisesdefault hereunder, the Building or the other Improvements or not withstanding any part thereofdefault by Lessor under such instrument. Lessee shall execute any necessary instruments in this regard.
Appears in 2 contracts
Samples: Lease Agreement (DHB Industries Inc), Lease Agreement (DHB Capital Group Inc /De/)
Liens. Tenant shall not do any act which promptly file and/or record, as applicable, all notices of completion provided for by law, and shall in any way encumber pay and discharge all claims for work or labor done, supplies furnished or services rendered at the title request of Tenant or at the request of Landlord in on behalf of Tenant, and to shall keep the Premises, nor shall Tenant create or permit to be created, the Property and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractorthe Project free and clear of all mechanics’ and materialmen’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used liens in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of therewith. Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not and shall be given ten (10) business days written notice by Tenant prior to commencement of the obligationwork, to post or keep posted on the Premises, or in the immediate vicinity thereof, any notices of non-responsibility for any construction, alteration, or repair of the Premises by Tenant. If any such lien is filed, Tenant shall cause same to be discharged of record within ten (10) business days following written notice thereof, or if Tenant disputes the correctness or validity of any claim of lien, Landlord may, in addition its reasonable discretion, permit Tenant to any other right post or remedyprovide security in a form and amount acceptable to Landlord to insure that title to the Property remains free from the lien claimed. If said lien is not timely discharged Landlord may, but shall not be required to, take such action or pay such amount as may be necessary to discharge remove such lien either by paying the amount claimed and Tenant shall pay to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in Landlord as Additional Rent any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien amounts expended by the lienor and to pay the amount of judgment in favor of the lien owner with interestLandlord, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent the Default Rate, within five (3%5) per annum days after notice is received from Landlord of the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered amount expended by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement (Osi Systems Inc), Lease (Osi Systems Inc)
Liens. Tenant Lessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesact, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that contract, which may create or be the foundation for any lien, mortgage lien or other encumbrance upon any interest of Lessor or any ground or underlying lessor in any portion of the estate Premises. If, because of Landlordany act or omission (or alleged act or omission) of Lessee, any Construction Lien Claim or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Premises (whether or not such Lien, charge, order, or encumbrance is valid or enforceable as such), Lessee shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the filing thereof; and Lessee shall indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to comply with the foregoing provisions, Lessor shall have the option of discharging or bonding any such Lien, charge, order, or encumbrance, and Lessee agrees to reimburse Lessor for all costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other interest persons now or hereafter contracting with Lessee or any contractor or subcontractor of Landlord in Lessee for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the Building or date hereof until the other Improvements or any part thereofend of the Lease Term, are hereby charged with notice that they look exclusively to Lessee to obtain payment for same.
Appears in 2 contracts
Samples: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed by bond or otherwise or discharged within ten (10) days of filing, upon notice to Tenant and the expiration of a fifteen (15) day cure period, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord in writingwithin ten (10) days following written demand). Upon completion of the work, Tenant shall deliver to Landlord final lien waivers from all contractors and suppliers. Landlord may post at the Premises such notices of non-responsibility as may be provided for under applicable Law. Tenant shall have no power to do any act or make any contract that may create or be the foundation provide Landlord with as-built plans and specifications for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofall Alterations done by Tenant.
Appears in 2 contracts
Samples: Lease (Cohu Inc), Agreement of Purchase and Sale (Cohu Inc)
Liens. Tenant Master Lessee shall not do have no authority, express or implied, to create or place a leasehold mortgage or any act which shall other lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind, the title interest of Landlord Master Lessor in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Master Lessee, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to the Premises, nor shall Tenant create Master Lessee by this Lease. Master Lessee covenants and agrees that it will pay or permit cause to be createdpaid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Master Lessor harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and shall promptly discharge, any such lien (including, but interest of Master Lessor in the Premises or under the terms of this Lease. Master Lessee will not limited to, permit any mechanic’s, contractor’s, subcontractor’s or material man’s lien or liens or any lien, encumbrance other liens which may be imposed by law affecting Master Lessor’s or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon its mortgagee’s interest in the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of to be placed upon the Premises, and Tenant in case of the filing of any such lien Master Lessee will promptly pay or bond over same. If any such lien shall not suffer remain in force and effect for 20 days after written notice thereof, Master Lessor shall have the right and privilege at Master Lessor’s option of paying and discharging the same or any other matter portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Master Lessee to Master Lessor and shall be repaid to Master Lessor immediately on rendition of a xxxx thereof. Notwithstanding the foregoing, Master Lessee shall have the right to contest any such lien in good faith and with all due diligence so long as any such contest, or thing whereby action taken in connection therewith, protects the estate, rights and interest of Landlord Master Lessor and Master Lessor’s mortgagee in the Premises and Master Lessor and any such mortgagee are, by the expiration of said 20 day period, furnished such protection and indemnification against any loss, cost or any part thereof might be impaired. If Tenant shall fail expense related to cause any such lien and the contest thereof as are reasonably satisfactory to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, Master Lessor and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestmortgagee. Except as otherwise provided herein, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this LeaseMaster Lessor hereby waives any contractual, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s statutory or other Master Lessor’s lien for such work or materials shall attach to or affect the estate or interest of Landlord in on Master Lessee’s furniture, fixtures, supplies, equipment, inventory and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or Master Lessee’s other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproperty.
Appears in 2 contracts
Samples: Master Lease Agreement (TNP Strategic Retail Trust, Inc.), Master Lease Agreement (TNP Strategic Retail Trust, Inc.)
Liens. Tenant Lessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant directly or indirectly create or permit to be createdcreated or to remain, and shall promptly discharge, any such lien (includingmortgage, but not limited tolien, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any liensecurity interest, encumbrance or charge arising out on, pledge of any or conditional sale or other retention agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon with respect to the Demised Premises or any part thereof or the income therefrom thereof, Lessee’s interest therein, or any personal property used Fixed Rent or other Rent payable under this Lease, other than: liens for Impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for nonpayment, or being contested as permitted in Article 11 hereof; and the liens of mechanics, materialmen, suppliers or vendors, or right thereto, incurred in the ordinary course of business for sums which under the terms of the related contract are not at the time due, provided that adequate provision for the payment thereof shall have been made and provisions of the following paragraph are complied with. If, in connection with any work being performed by or for Lessee or any subtenant or in connection with any materials being furnished to Lessee or any subtenant, any mechanic’s lien or other lien or charge shall be filed or made against the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Demised Premises or any part thereof might be impaired. If Tenant shall fail to cause thereof, or if any such lien or charge shall be filed or made against Lessor, then Lessee, at Lessee’s expense, within thirty days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of recordrecord by payment thereof or filing a bond or otherwise. Lessee promptly and diligently shall defend any suit, then Landlordaction or proceeding which may be brought for the enforcement of such lien or charge; shall satisfy and discharge any judgment entered therein within thirty days from the entering of such judgment by payment thereof or filing a bond or otherwise; and on demand shall pay all damages, after thirty (30) days notice costs and expenses, including reasonable attorneys’ fees, suffered or incurred by Lessor in connection therewith. Nothing contained in this Lease shall constitute any consent or request by Lessor, express or implied, for the performance of its intention any labor or services or the furnishing of any materials or other property in respect of the Demised Premises or any part thereof, nor as giving Lessee any right, power or authority to do so, contract for or permit the performance of any labor or services or the furnishing of any materials or other property in any fashion that would permit the filing or making of any lien or claim against Lessor or the Demised Premises. Lessor shall have the right, but not the obligation, in addition from time to any other right or remedytime, to discharge place upon the Demised Premises in a conspicuous place such lien either by paying the amount claimed sign or other notice as Lessor may deem necessary so as to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects give notice to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor others of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at provisions of the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofpreceding sentence.
Appears in 2 contracts
Samples: Lease (Atlantic Express Transportation Corp), Lease (Atlantic Express Transportation Corp)
Liens. Tenant shall not do keep the Premises free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics', nor shall Tenant create materialmen's, designer's or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied)obligations incurred by or for Tenant or any person or entity claiming by, chattel mortgage, security agreement, financing statement through or otherwise) upon under Tenant. Landlord shall have the right at all times to post and keep posted on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairednotices which it deems necessary for protection from such liens. If Tenant shall fail to cause any such lien to be discharged liens are filed and are not released of record, then Landlord, after record by payment or posting of a proper bond within thirty (30) days notice after such filing, Landlord may, without waiving its rights and remedies based on such breach by Tenant and without releasing Tenant from any obligations hereunder, cause such liens to be released by any means it shall deem proper, including payment of its intention the claim giving rise to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed or posting security to be due or by procuring cause the discharge of such lien by deposit or bonding proceedingslien, and in any such which event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so all amounts paid by Landlord shall immediately be due and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant as Additional Rent. Tenant hereby indemnifies, protects, defends and holds Landlord and Landlord's Indemnitees and the Premises harmless from any liability, cost, obligation, expense (including, without limitation, reasonable attorneys' fees and expenses and attorneys' fees incurred in enforcing of this indemnity), or claim of any mechanics', materialmen's, design professional's or other liens in any manner relating to any work performed, materials furnished or obligations incurred by or for Tenant or any person or entity claiming by, through or under this Lease, due from Tenant. Tenant shall notify Landlord in writing fifteen (15) days prior to Landlord at the next rent day after commencing any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice Alterations so that Landlord shall have the right to record and post notices of non-responsibility or any other notices deemed necessary by Landlord on the Premises. Tenant shall not create, and shall within thirty (30) days discharge and satisfy of record, any other lien, encumbrance, charge, security interest, or other right or interest which shall be liable for any work performed or to be performedbecome a lien, encumbrance, charge or security interest upon the Premises, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.
Appears in 2 contracts
Samples: Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. The Tenant shall have no power to do any act or make any contract that which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, the Landlord or of any other interest of the Landlord in the Premisesdemised premises, or upon or in the Building building or buildings or improvements thereon or hereafter erected or placed hereon, it being agreed that should the other Improvements Tenant cause any improvements, alterations or repairs to be made to the demised premises, or material furnished or labor performed therein, or thereon, neither the Landlord nor the demised premises nor any improvements shall under any circumstances be liable for the payment of any expenses incurred or for the value of any work done or material furnished to the demised premises or any part thereof; but all such improvements, alterations, repairs, materials and labor shall be done at the Tenant's expense and the Tenant shall be solely and wholly responsible to contractors, laborers and materialmen, furnishing labor and material to said premises and building or buildings and improvements or any part thereof and all such laborers, materialmen and contractors are hereby charged with notice that they must look solely and wholly to the Tenant and the Tenant's interest in the premises, to secure the payment of any bills for work done and materials furnished. In the event a mechanic's lien shall be filed against the demised premises or Tenant's interest therein as the result of the work undertaken by Tenant to ready the demised premises for the opening of Tenant's business or as a result of any repairs or alterations made by Tenant, Tenant shall, within ten (10) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the mechanic's lien claimant or by filing a bond (as provided by statute) as security therefor. In the event Tenant shall fail to discharge such lien, Landlord shall, among its remedies, have the right to procure such discharge by filing such bond and Tenant shall pay the cost of such bond to Landlord as additional rent upon the first day that rent shall be due thereafter.
Appears in 2 contracts
Samples: Lease Agreement (Advanced Photonix Inc), Lease Agreement (Integral Vision Inc)
Liens. Tenant a. It is expressly covenanted and agreed by and between the parties hereto that nothing in this Lease contained shall not authorize Lessee to do any act which shall in any way encumber the title of Landlord Lessor in and to the said Demised Premises, nor shall Tenant create the interest or permit estate of Lessor in said Demised Premises be in any way subject to be createdany claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Lessee, and any claim to or lien upon said Premises arising from any act or omission of Lessee shall promptly dischargein all respects be subject and subordinate to the paramount title and rights of Lessor in and to said Premises and any improvements thereon. Notwithstanding the foregoing, Lessee may mortgage its leasehold interest, providing the mortgage is at all times subordinate to the interest of the Lessor. Lessee will not knowingly permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor or material furnished to the Lessee or claimed to have been furnished to the Lessee in connection with work of any character performed or claimed to have been performed on the Demised Premises by or at the direction or sufferance of the Lessee, provided, however, that Lessee shall have the right to contest in good faith and with reasonable diligence the validity of any such lien (includingor claimed lien if Lessee shall give to the Lessor such reasonable security as may be demanded by the Lessor to insure payment thereof and to prevent any sale, but not limited to, any mechanic’s, contractor’s, subcontractor’s foreclosure or material man’s forfeiture of the Demised Premises by reason of nonpayment thereof. On final determination of the lien or any claim for lien, encumbrance or charge arising out of the Lessee will promptly (within ten (10) days) pay any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon judgment rendered with all proper costs and charges and will at its own expense have the Premises or lien released and any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant judgment satisfied.
b. In case Lessee shall fail to cause contest the validity of any lien or claimed lien and give security to Lessor to insure payment thereof, or having commenced to contest the same, and having given such lien security, shall fail to be discharged of recordprosecute such contest with diligence, or shall fail to have the same released and satisfy any judgment rendered thereon, then LandlordLessor may, after thirty at its election (30) days notice of its intention but shall not be required to do so), shall have the right, but not the obligation, in addition to any other right remove or remedy, to discharge such lien either or claim for lien (with the right in its discretion to settle or compromise the same) and any amounts advanced by paying the amount claimed to be due or by procuring the discharge of Lessor for such lien by deposit or bonding proceedings, and in any such event Landlord purposes shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, much additional rental due from Tenant Lessee to Landlord Lessor at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Liens. Tenant shall not do any act which shall in any way mortgage or otherwise encumber or allow to be encumbered its interest herein without obtaining the title prior written consent of Landlord in and to the Premises, Landlord; nor shall Tenant create permit any mechanic’s or permit other lien to be createdfiled against the Property or any interests therein of Landlord. In the event Tenant authorizes, contracts or otherwise undertakes to perform or provide any construction, alterations, installations or other work or materials to the Premises for which a mechanic’s lien or other lien can be filed, Tenant shall deliver to Landlord enforceable, unconditional and shall promptly dischargefinal lien releases or waivers for all such work and materials within five (5) days after Landlord’s request, but in all events before the earliest date any such lien (includingcan be filed. Should Tenant cause or permit any mortgage, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lienother encumbrance (singularly or collectively, encumbrance or charge arising out of any agreement (expressed or implied)“Encumbrance”) to be filed, chattel mortgage, security agreement, financing statement or otherwise) upon against the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the PremisesProperty, and Tenant shall not suffer any other matter dismiss or thing whereby bond against the estate, rights and interest of Landlord in same within twenty (20) days after the Premises or any part thereof might be impairedfiling thereof. If Tenant fails to remove or bond against said Encumbrance within said twenty (20) days, Tenant shall fail be in Default; and in addition to cause any such lien to be discharged of recordall other rights and remedies afforded Landlord under this Lease, then Landlord, after thirty (30) days notice of its intention to do so, Landlord shall have the rightabsolute right to remove said Encumbrance by whatever measures Landlord shall deem convenient including, but not the obligationwithout limitation, payment of such Encumbrance, in addition to any other right or remedywhich event Tenant shall reimburse Landlord, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsas Additional Rent, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (expended by Landlord, including reasonable attorneys’ fees) incurred by , to remove said Encumbrance. All of the aforesaid rights of Landlord shall be in connection therewith shall constitute Additional Rent payable by addition to any remedies which either Landlord or Tenant under this Lease, due from may have available to them at law or in equity. Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice hereby acknowledges and agrees that Landlord shall not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone in possession of the Premises for Tenant upon credit, through or under Tenant; and that no mechanic’s mechanics’ or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)
Liens. In the event a mechanic's lien shall be filed against the Demised Premises or Tenant's interest (herein as a result of the work undertaken by Tenant shall not do to ready the Demised Premises for the opening of Tenant's business or as a result of any act which shall in any way encumber the title repairs or alterations made by Tenant, Tenant shall, within ten (10) days after receiving notice of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied)discharge such lien, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation either by payment of the Premises, and Tenant shall not suffer any other matter indebtedness due the mechanic's lien claimant or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedby filing a bond (as provided by statute) as security therefore. If Tenant shall fail to cause any such lien to be discharged of recordupon demand, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, but shall not be obligated to, discharge such lien either the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by Landlord and the amount so paid by Landlord and/or all costs and expenses, including reasonable attorney's fees, incurred by Landlord in procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects deemed to compel be additional rent. Nothing in this Lease contained shall be construed as a consent on the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor part of the Landlord to subject Landlord's estate in the Demised Premises to any lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant or liability under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from Lien Law of the date State of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingFlorida. Tenant shall never, under any circumstances, have no the power to do any act or make any contract that may create or be subject the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesDemised Premises to any mechanics or materialmen's liens or liens of any kind. In accordance with the applicable provisions of the Florida Lien Law, it is specifically provided that neither Tenant or anyone claiming by, through or under Tenant, including, but not limited to, contractors, subcontractors, materialmen, mechanics, and laborers shall have any right to file or place any mechanics and laborers, mechanics or material men's liens of any kind whatsoever upon the Building Demised Premise nor upon any building or improvements thereof, and any such liens are hereby prohibited. All parties with whom Tenant may deal are put on notice that Tenant has no power to subject Landlord's interest to any claim or lien of any kind or character, and all persons so dealing with Tenant must look solely to the other Improvements credit of Tenant and not to Landlord's interest or any part thereof.assets. Further, Tenant acknowledges that Tenant, with respect to improvements or alterations made by Tenant or caused to be made by Tenant hereunder shall promptly notify the contractor making such improvements to the Demised Premises of this provision exculpating Landlord's liability for such liens,
Appears in 2 contracts
Samples: Lease Agreement (Singing Machine Co Inc), Lease Agreement (Singing Machine Co Inc)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed Alterations performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged of recordor claim or action thereon, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, including but not limited to the obligationlienholder’s claim for legal fees or court costs, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge together with costs of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith with any such claim or action. Before commencing any work of Alteration to the Premises. Tenant shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to give Landlord at least ten (10) business days’ written notice of the next rent day after proposed commencement of such Alteration work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). If there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any Alteration work performed or to be performed, or any materials furnished or obligations incurred by Tenant and such claim or lien shalt not be removed or discharged within ten (10) days of filing, Landlord shall have the right hut not the obligation to pay and discharge said lien without regard to whether such lien shall be furnishedlawful or correct (in which event Tenant shall reimburse Landlord for any such payment made by Landlord within three (3) business days following written demand therefor), or to require that Tenant promptly deposit with Landlord in cash. lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the Premises for Tenant upon creditright to apply such deposit in discharge of the judgment on said claim and any costs, including attorneys’ fees and costs incurred by Landlord, and that no mechanic’s or other lien for shall remit the balance thereof to Tenant. however should the amount of any such work or materials shall attach to or affect judgment exceed the estate or interest of Landlord in and to the Premisesdeposit as herein required, unless specifically ordered by Landlord in writing. Tenant shall have no power to do indemnify, defend and hold Landlord harmless as against any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofjudgment amount so unsatisfied.
Appears in 2 contracts
Samples: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)
Liens. Tenant Sublessee shall not do keep the Subleased Premises free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens ----- arising out of any agreement (expressed work performed or implied), chattel mortgage, security agreement, financing statement obligations incurred by or otherwise) upon the Premises for Sublessee or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedmaterials furnished to Sublessee. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, Sublessor shall have the rightright to post notices of nonresponsibility with respect to any work performed or obligations incurred by or for Sublessee or materials furnished to Sublessee. If Sublessee fails to keep the Subleased Premises free from any such liens and does not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond, Sublessor shall have, in addition to all other remedies provided herein and by law, the right but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due released by such means as it shall deem proper, including payment of or by procuring defense against the discharge of claim giving rise to such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceslien. Any amount so All sums paid by Landlord Sublessor and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith (including, without limitation, reasonable attorneys, fees) shall constitute create automatically an obligation of Sublessee to pay an equivalent amount as Additional Rent, which Additional Rent shall be payable by Tenant under this Lease, due from Tenant to Landlord Sublessee on Sublessor's demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) maximum rate per annum from the date of payment thereofpermitted by law until paid. This Lease shall constitute notice that Landlord Such interest charged shall not be liable for constitute Sublessor's exclusive remedy nor compromise or limit any work performed other rights granted Sublessor by this Sublease or by law or equity. Nothing herein shall imply any consent by Sublessor to subject Sublessor's estate to liability under any mechanic's lien law. Sublessee may contest the validity and/or amount of any lien imposed on the Subleased Premises, provided that Sublessee has caused such lien to be performed, released of record by the payment or any materials furnished or to be furnished, at posting of the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproper bond.
Appears in 2 contracts
Samples: Sublease Agreement (Ubid Inc), Sublease Agreement (Ubid Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and The interest of Landlord in the Premises shall not be subject in any way to any liens including construction liens, for improvements to or other work performed with respect to the Premises by or on behalf of Tenant. The Tenant shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion, or other estate of Landlord in the Premises or in the Property and all mechanics, materialmen, contractors, artisans, and other parties contracting with Tenant or its representatives or privies with respect to the Premises or any part of the Premises are hereby charged with notice that they must look to the Tenant to secure payment of any xxxx for work done or material furnished or for any other purpose during the term of this Lease. Without limiting the generality of the foregoing, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of construction liens upon the Premises and the Property, for all work or materials to be furnished to the Premises at the request or direction of Tenant signed by all architects, engineers, designers, contractors, subcontractors, materialmen, and laborers who become involved in such work. Notwithstanding the foregoing, Tenant, at its expense, shall cause any lien filed against the Premises or the Property, for work or materials claimed to have been furnished to Tenant, to be discharged of record or properly transferred to a bond pursuant to Section 713.24, Florida Statutes (1991), within ten (10) days after notice thereof might be impairedto Tenant. If Tenant shall fail to cause any so discharge such lien or transfer it to be discharged of recorda bond as required above, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, Landlord may but shall not be obligated to discharge such lien either by paying or transfer the amount claimed same to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowancesa bond. Any amount so paid by Landlord and all costs and expenses (for any of the aforesaid purposes, including reasonable attorneys’ feesattorneys fees (and to the extent permitted by law) incurred shall be paid by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at on demand as Additional Base Rental. Landlord shall have the next rent day after right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the Premises and the Building from such payment, with liens. Tenant shall notify every contractor making improvements to the Premises that the interest thereon at Prime plus three percent (3%) per annum from of the date of payment thereof. This Lease shall constitute notice that Landlord in the Premises shall not be liable subject to liens for any improvements to the Premises or for other work performed or with respect to be performed, or any materials furnished or to be furnished, at the Premises for by or on behalf of Tenant. Upon request from Landlord, Tenant upon creditshall execute, acknowledge and deliver without charge a memorandum of lease or notice in recordable form containing a confirmation that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, Premises and Property shall not be subject to liens for improvements to the Building Premises or for other work performed with respect to the other Improvements Premises by or any part thereofon behalf of Tenant.
Appears in 2 contracts
Samples: Office Lease Agreement (Correctional Services Corp), Office Lease Agreement (RDC International Inc)
Liens. Tenant shall not do permit any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in filed against the Premises, the Building or the other Improvements property on which it is located by reason of obligations incurred by or on behalf of Tenant. Tenant hereby indemnifies and holds Landlord harmless from any liability from any such lien. If any lien is filed against the Premises, the Building or the property by any person claiming by, through or under Tenant, Tenant shall upon request of Landlord, at Tenant’s expense, immediately cause such lien to be released, or, at Landlord’s election, furnish to Landlord a bond in form and amount and issued by a surety satisfactory to Landlord, indemnifying Landlord, the Building and the property against all liability, costs and expenses, including attorneys’ fees, which Landlord may incur as a result thereof. Provided that such bond has been furnished to Landlord, Tenant, at its sole cost and expense and after written notice to Landlord, may contest, by appropriate proceedings conducted in good faith and with due diligence, any lien, encumbrance or charge against the Premises arising from work done or materials provided to and for Tenant, if, and only if, such proceedings suspend the collection thereof from Landlord, Tenant and the Premises, and neither the Premises, the Building, the property nor any part thereofthereof or interest therein is or will be in any danger of being sold, forfeited or lost.
Appears in 2 contracts
Samples: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)
Liens. Tenant shall not do any act which shall in any way encumber will promptly, but no later than sixty (60) days after receipt of actual notice of the title filing thereof, remove and discharge of Landlord in and to the Premisesrecord, nor shall Tenant create by bond or permit to be created, and shall promptly dischargeotherwise, any such lien (includingcharge, lien, security interest or encumbrance upon the Leased Property, or any Basic Rent, or Additional Rent which arises for any reason, including all liens which arise out of the possession, use, occupancy, construction, repair or rebuilding of the Leased Property or by reason of labor or materials furnished or claimed to have been furnished to Tenant for the Leased Property, but not limited toincluding any Permitted Encumbrances. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any mechanic’scontractor, contractor’slaborer, subcontractor’s materialman, or material man’s lien or any lien, encumbrance or charge arising out vendor of any agreement (expressed labor or implied)services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises Leased Property or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice Notice is hereby given that Landlord shall will not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding an interest in the Premises for Tenant upon creditLeased Property or any part thereof through or under Tenant, and that no mechanic’s mechanics’ or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the PremisesLeased Property. In the event of the failure of Tenant to discharge any charge, unless specifically ordered lien, security interest or encumbrance as aforesaid, Landlord may discharge such items by payment or bond or both, and Tenant will repay to Landlord, upon demand, any and all amounts paid by Landlord therefor, or by reason of any liability on such bond, and also any and all incidental expenses, including reasonable attorneys’ fees, incurred by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofconnection therewith.
Appears in 2 contracts
Samples: Lease Agreement (Gramercy Capital Corp), Lease Agreement (Gramercy Capital Corp)
Liens. Section 18.1. Tenant shall not do promptly pay all sums of money in respect to any act which shall in any way encumber the title of Landlord in and labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in, at or about the Premises, nor or furnished to Tenant’s agents, employees, contractors or subcontractors, that may be secured by any mechanic’s, materialmen’s, supplier’s or other liens against the Premises or Landlord’s interest therein. In the event any such or similar liens shall be filed, Tenant create shall, within three (3) days of receipt thereof, give notice to Landlord of such lien, and Tenant shall, within ten (10) days after receiving notice of the filing of the lien, discharge such lien by payment of the amount due to the lien claimant. However, Tenant may in good faith contest such lien provided that within such ten (10) day period Tenant provides Landlord with a surety bond of a company acceptable to Landlord, protecting against said lien in an amount at least one and one-half (1-1/2) times the amount claimed or permit secured as a lien or such greater amount as may be required by applicable law and provided further that Tenant, if it should decide to contest such lien, shall agree to indemnify, defend and save harmless Landlord from and against all costs arising from or out of any proceeding with respect to such lien. Failure of Tenant to discharge the lien, or if contested to provide such bond and indemnification, shall constitute a default under this Lease and in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge or secure the release of any lien by paying the amount claimed to be createddue, and shall promptly dischargethe amount so paid by Landlord, any such lien (and all costs and expenses incurred by Landlord therewith, including, but not limited to, court costs and reasonable attorneys’ fees, shall be due and payable by Tenant to Landlord forthwith on demand. Notwithstanding any mechanic’ssuch contest, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause if any such lien shall be reduced to final judgment and such judgment or such process as may be discharged of recordissued for the enforcement thereof is not promptly stayed or if so stayed and said stay thereafter expires, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Tenant shall forthwith pay and discharge said judgment. Landlord shall be entitled if it so elects have the right to compel the prosecution of an action for foreclosure of such lien by the lienor post and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at maintain on the Premises such notices of non-responsibility as are provided for Tenant upon credit, and that no under the mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest laws of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofCalifornia.
Appears in 2 contracts
Samples: Sublease (Aravive, Inc.), Sublease (Versartis, Inc.)
Liens. Tenant Subject to Section 1.9 hereof, the Mortgagor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Mortgaged Premises, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor, without expense to the Mortgagee. The Mortgagor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdo, nor shall Tenant create or permit to be createddone, and shall promptly dischargeanything that may in anyway impair the value of the Mortgaged Premises, or weaken, diminish, or impair the security of this Mortgage. No fixtures will be installed on the Mortgaged Premises by the Mortgagor, by any such lien (includingtenant of the Mortgagor, but not limited toor by any other person subject to a lease, any mechanic’s, contractor’s, subcontractor’s or material manvendor’s lien or other lien or claim. Should any lienfixture be installed to the Mortgages Premises from or after the date hereof, encumbrance the lien of this Mortgage shall immediately attach to said fixture and shall be prior and superior to all other liens or charge arising out claims. The Mortgagor will promptly perform and observe, or cause to be performed or observed, all of any agreement (expressed the terms, covenants, and conditions of all Permitted Encumbrances, as set forth in Exhibit B attached hereto, the noncompliance with which may affect the security of this Mortgage, or implied), chattel mortgage, security agreement, financing statement may impose duty or otherwise) obligation upon the Mortgagor or any sublessee or occupant of the Mortgaged Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesthereof, and Tenant the Mortgagor shall not suffer any other matter do or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recorddone all things necessary to preserve in tact and unimpaired all easements, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsappurtenances, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor other interests and to pay the amount of judgment rights in favor of or constituting any portion of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Mortgaged Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Mortgage, Security Agreement and Assignment of Rents and Leases (Heron Lake BioEnergy, LLC), Mortgage, Security Agreement and Assignment of Rents and Leases (Heron Lake BioEnergy, LLC)
Liens. Without limiting Tenant’s right to conduct any Work (including, without limitation, any Alterations) in accordance with (and subject to) the express provisions of this Lease, Tenant shall not do any act which shall in any way encumber the title of Landlord in (and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do to) commit any act or make enter into any contract agreement that may create or be the foundation for any lien, mortgage or other encumbrance upon Landlord’s right, title and interest in and to any Demised Premises or Property, or upon or in the estate Leased Improvements or other buildings or improvements now or hereafter located thereon, it being agreed that if Tenant performs (or causes to be performed) any Work or makes (or causes to be made) any Alterations or repairs with respect to any Demised Premises, or causes any material to be furnished or labor to be performed therein or thereon, then in each case neither Landlord nor such Demised Premises, Property or buildings or improvements shall under any circumstances be liable for the payment of any cost or expense thereof or incurred in connection therewith. Without limiting the requirement for Landlord’s consent thereto to the extent such consent is required under the applicable provisions of this Lease, all such repairs, Alterations and other Work shall be made, and all such materials and labor shall be furnished and performed, at Tenant’s sole cost and expense and Tenant shall be solely and wholly responsible to all applicable contractors, laborers and materialmen furnishing, making and/or performing the same, all of which contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant and Tenant’s interest in the Demised Premises to secure the payment of any bills for any of the foregoing. In addition to all other rights and remedies of Landlord under this Lease, and subject to the provisions of Section 4.2, in the event that any mechanic’s or materialman’s lien shall be filed against all or any portion of any Demised Premises or Tenant’s interest therein or (to the extent the same results from any Tenant’s Acts) any other portion of any Property, then in each case, except to the extent the same results from any act or wrongful failure to act of Landlord or any Landlord Indemnified Party, Tenant shall promptly discharge such lien whether by payment of the indebtedness due, by filing a bond (as provided by statute) or by providing a surety bond, in each case, for one hundred ten percent (110%) of the amount of such lien as security therefor (each such action, a “Bond”). In the event that Tenant shall fail to Bond any such lien, Landlord may, but shall not be obligated to, in addition to all other rights and remedies of Landlord under this Lease, at law or in equity, Bond such lien on Tenant’s behalf and Tenant shall thereafter immediately pay to Landlord, or any other interest of as Additional Rent, all Costs and Expenses incurred by Landlord in connection therewith (together with interest thereon (or on the Premisesportion not theretofore reimbursed, as applicable) at the Building or the other Improvements or any part thereofDefault Rate until paid by Tenant in full).
Appears in 2 contracts
Samples: Distribution Center Master Lease (Copper Property CTL Pass Through Trust), Distribution Center Master Lease (J C Penney Co Inc)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct or to require that Tenant promptly deposit with Landlord in cash, lawful money of the United States, [***] of the amount of such claim, which sum may be retained by Landlord in writing. Tenant until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys' fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.
Appears in 2 contracts
Samples: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Liens. Tenant (a) No lien for services, labor or materials resulting from Lessee(s)' construction or alteration of Improvements shall not do any act which shall in any way encumber the title of Landlord in and attach to the PremisesCo-op's title to the Homesite, nor shall Tenant create Common Lands or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwiseother property owned by the Co-op. Lessee(s) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause permit any such lien to be filed against such property. If any such lien shall at any time be filed, Lessee(s) shall within sixty (60) days after notice of the filing thereof cause the same to be discharged of recordrecord by payment, then Landlorddeposit, after thirty (30bond, order of a court of competent jurisdiction or as otherwise permitted by law. If Lessee(s) days notice of its intention shall fail to do socause such lien to be discharged within such period, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of the Co-op, to the Co-op may, but shall not be obligated to, discharge such lien either the same by paying the amount claimed at issue. Lessee(s) in good faith and at their own expense may contest the validity of any such asserted lien, provided Lessee(s) have furnished a bond in an amount set by statute or otherwise sufficient to release the property from such lien. Any amounts paid by the Co-op hereunder in respect of such liens shall be deemed to be due an additional Carrying Charge payable by Lessee(s) upon demand.
(b) No lien for services, labor or materials resulting from the Co-op's construction or alteration of improvements to Common Lands shall attach to Lessee(s)' title to Improvements, interest in the Homesite or other property owned by procuring the discharge of Lessee(s). The Co-op shall not suffer or permit any such lien by deposit or bonding proceedings, and in to be filed against such property. If any such event Landlord lien shall at any time be entitled if it so elects filed, the Co-op shall within sixty (60) days after notice of the filing thereof cause the same to compel be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or as otherwise permitted by law. If the prosecution of an action for foreclosure of Co-op shall fail to cause such lien by the lienor and to pay the amount be discharged within such period, then, in addition to any other right or remedy of judgment in favor of the lien owner with interestLessee(s), costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ feesLessee(s) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasemay, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord but shall not be liable for obligated to, discharge the same by paying the amount at issue. The Co-op in good faith and at its own expense may contest the validity of any work performed such asserted lien, provided the Co-op has furnished a bond in an amount set by statute or otherwise sufficient to release the property from such lien. Any amounts paid by Lessee(s) hereunder in respect of such liens shall be deemed to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest a reduction of Landlord in and to the Premises, unless specifically ordered Carrying Charges payable by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofLessee(s).
Appears in 2 contracts
Samples: Proprietary Ground Lease Agreement, Proprietary Ground Lease Agreement
Liens. Tenant shall not do keep the Premises free from any act which shall in liens ----- arising from any way encumber work performed, materials furnished, or obligations incurred by or at the title request of Landlord in and to the PremisesTenant or any sublessee, nor shall licensee, or concessionaire of Tenant create or permit to be createdarising from any breach by Tenant of its obligations under this Lease, and shall promptly dischargeany liens with respect to any taxes Tenant is obligated to pay under this Lease or Legal Requirements. If any lien is filed against any Hotel or Tenant's leasehold interest therein, or if any such lien (including, but not limited to, is filed against any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising Hotel which arises out of any purported act or agreement (expressed or implied)of Tenant, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof sublessee, licensee, or the income therefrom or any personal property used in connection with the operation concessionaire of the PremisesTenant, and Tenant shall not suffer any other matter or thing whereby discharge the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after same within thirty (30) days notice after Tenant receives Notice of its intention filing by payment, filing of the bond required by law, or endorsement over by a title company reasonably satisfactory to do soLandlord (it being understood that any title company with a national presence and a sound financial condition and reputation shall be acceptable to Landlord). If Tenant fails to discharge such lien within such period, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, at its election, discharge such the lien either by paying the amount claimed to be due due, by obtaining the discharge by deposit with a court or a title company, or by procuring bonding. Tenant shall pay on demand, as Additional Rent, any amount paid by Landlord for the discharge or satisfaction of any such lien, together with interest thereon from the date of such expenditure until paid at the Lease Interest Rate, and all reasonable attorneys' fees and other costs and expenses of Landlord incurred in defending any such action or in obtaining the discharge of such lien lien, together with all necessary disbursements in connection therewith. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by deposit any contractor, laborer, materialman, or bonding proceedingsvendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any of the Hotels or any part thereof, or as making Tenant the agent of Landlord with respect to any such matter, and no such agency relationship shall exist unless Tenant and Landlord so agree in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceswriting. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice Notice is hereby given that Landlord shall will not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding an interest in the Premises for Tenant upon creditor any part thereof through or under Tenant, and that no mechanic’s 's, materialmen's or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises; and appropriate notice to this effect will be included in the Lease Memorandum and all construction contracts entered into by Tenant, unless specifically ordered by Landlord in writing. and Tenant shall have no power take all steps reasonably necessary under the laws of the jurisdiction(s) in which the relevant portion of the Premises is located to do any act or make any contract that may create or be the foundation for any lienprotect Landlord against such liability (including, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premisesif required, the Building or the other Improvements or any part thereofposting of notices of nonresponsibility on Landlord's behalf).
Appears in 2 contracts
Samples: Contribution Agreement (Red Lion Hotels Inc), Lease Agreement (Red Lion Hotels Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesact, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that contract, which may create or be the foundation for any lien, mortgage lien or other encumbrance upon the estate of Landlord, or any other interest of Landlord or any ground or underlying Landlord in any portion of the Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any Construction Lien Claim or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrance shall be filed against Landlord and/or any ground or underlying Landlord and/or any portion of the Premises (whether or not such Lien, charge, order, or encumbrance is valid or enforceable as such), Tenant shall, at its own cost and expense, cause same to be discharged of record or bonded within thirty (30) days after the filing thereof; and Tenant shall indemnify and save harmless Landlord and all ground and underlying Landlord(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such Lien, charge, order, or encumbrance, and Tenant agrees to reimburse Landlord for all actual and reasonable costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the Building or date hereof until the other Improvements or any part thereofend of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same.
Appears in 2 contracts
Samples: Lease (Project Clean, Inc.), Lease (Project Clean, Inc.)
Liens. Tenant No Borrower shall not do cause, suffer or create any act which shall Liens upon all or any portion of any Property or any interest in any way encumber Property, or on any direct Equity Interests in any Borrower or Parent, other than the title of Landlord in Permitted Exceptions, and any Borrower shall pay, or cause Tenants to pay, at or prior to the Premisesapplicable due date, nor all obligations secured by or reducible to Liens which now or hereafter shall Tenant create encumber any Property, whether senior or permit subordinate hereto, including all claims for work or labor performed, or materials or supplies furnished in connection with any work upon such Property. Notwithstanding the preceding sentence, Borrower may, within thirty (30) days after any Borrower first receives notice of an involuntary Lien, contest any such claim of involuntary Lien without cost or expense to be createdAgent, but only upon posting, and shall promptly dischargeconcurrently supplying to Agent a certified copy of a statutory bond or other security sufficient under applicable law fully to protect any and all of such Property encumbered by such claim of involuntary Lien and otherwise sufficient in Agent’s Permitted Discretion to protect Agent against any judgment in favor of the Lien claimant. If Agent is made a party by any party other than a Borrower Party to any litigation concerning the Loan Documents, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises Property or any part thereof or interest therein, or the income therefrom or occupancy thereof by any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordPerson, then LandlordBorrower shall indemnify, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either defend and hold Agent harmless from all claims and liability by paying the amount claimed to be due or by procuring the discharge reason of such lien by deposit or bonding proceedingslitigation, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and expenses incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after Agent whether or not any such paymentlitigation is prosecuted to judgment. Subject to Borrower’s right to contest any claim of involuntary Lien in accordance with this Section 5.8, with interest thereon at Prime plus three percent any involuntary Lien other than a Permitted Exception shall be paid or fully discharged by Borrower within the earlier of (3%i) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditten (10) days after demand by Agent, and that no mechanic’s or other lien for (ii) twenty (20) days after Borrower receives notice of the filing of such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofLien.
Appears in 2 contracts
Samples: Loan Agreement (Red Lion Hotels CORP), Loan Agreement (Red Lion Hotels CORP)
Liens. Tenant Lessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesact, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that contract, which may create or be the foundation for any lien, mortgage lien or other encumbrance upon any interest of Lessor or any ground or underlying lessor in any portion of the estate Premises. If, because of Landlordany act or omission (or alleged act or omission) of Lessee, any Construction Lien Claim or other lien (collectively "LIEN") charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Premises (whether or not such Lien, charge, order, or encumbrance is valid or enforceable as such), Lessee shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the filing thereof; and Lessee shall indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to comply with the foregoing provisions, Lessor shall have the option of discharging or bonding any such Lien, charge, order, or encumbrance, and Lessee agrees to reimburse Lessor for all costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other interest persons now or hereafter contracting with Lessee or any contractor or subcontractor of Landlord in Lessee for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the Building or date hereof until the other Improvements or any part thereofend of the Lease Term, are hereby charged with notice that they look exclusively to Lessee to obtain payment for same.
Appears in 2 contracts
Samples: Lease Agreement (Goamerica Inc), Lease Agreement (Goamerica Inc)
Liens. (i) In no event shall any material or equipment be incorporated in or affixed to the Premises in connection with any Alterations which is subject to any lien, encumbrances, chattel mortgage, security interest, charge of any kind whatsoever, or is subject to any conditional sale or other similar or dissimilar title retention agreement. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or created any lien, encumbrance or charge arising out (levied on account of any taxes or any mechanic’s, laborer’s or materialman’s lien, conditional sale, title retention agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) which might be or become a lien, encumbrance or charge upon the Premises Real Property or Building or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisestherefrom, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises Real Property or Building or any part thereof might be impaired.
(ii) If any lien, encumbrance or charge referred to in this Subsection F shall at any time be filed against the Real Property or Building or any part thereof, then Tenant, within thirty (30) days after Tenant shall have received notice of the filing thereof and at Tenant’s cost and expense, shall cause the same to be discharged of record by bonding or otherwise. If Tenant shall fail to cause any such lien to be discharged of recordwithin the aforesaid period, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedy, to Landlord may discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and in any such event Landlord shall be entitled entitled, if it Landlord so elects elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lien owner lienor with interest, costs and allowances. Any amount so paid by Landlord and all reasonable costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therewith, together with interest thereon at the Interest Rate, shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)
Liens. Tenant Borrower has not received written notice, and has no actual knowledge of, any lien (statutory or otherwise), encumbrance, easement, restrictive covenant or any other encumbrance (each a “Lien”) encumbering all or any portion of the Project, other than unpaid taxes or assessments that are not yet due and payable, the Permitted Encumbrances and any matters reflected on any title commitment, title report or title endorsement delivered to and accepted in writing by Lender in connection with this Agreement. Lender’s execution of this Agreement shall not do be deemed Lender’s acceptance in writing of any act which shall Lien not shown in Lender’s title insurance policy as of the date of this Agreement. Borrower has also not received written notice of a Lien or notice of intent to file a Lien against all or any way encumber portion of the title of Landlord in and to Project that is prohibited under the Premises, nor shall Tenant create Loan Documents. Borrower has not filed or permit caused to be createdfiled or conducted any acts or omitted to perform any obligations which would cause others to have the right to file a Lien against all or any portion of the Project. Borrower and Current Indemnitor, jointly and shall promptly dischargeseverally, agree to reimburse, indemnify and hold Lender Parties harmless from and against any such lien and all liabilities, judgments, costs, claims, damages, penalties, expenses, losses or charges (including, but not limited to, any mechanic’sall legal fees and court costs) (collectively, contractor’s“Indemnification Costs”)” which may now or in the future be undertaken, subcontractor’s suffered, paid, awarded, assessed or material man’s lien otherwise incurred as a result of or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or breach of any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter representations or thing whereby the estate, rights and interest of Landlord warranties made in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofSection 1.8.
Appears in 2 contracts
Samples: Consent Agreement (Clipper Realty Inc.), Consent Agreement (Clipper Realty Inc.)
Liens. Tenant Lessee shall not do keep the Premises and every portion of the Project ----- free from any act which shall and all mechanics', materialmen's and other liens, and claims thereof, arising out of any work performed, materials furnished or obligations incurred by or for Lessee. Lessor may require, at Lessor's sole option, that Lessee provide to Lessor at Lessee's sole cost and expense a lien and completion bond, or its equivalent, in an amount equal to one and one half (1-1/2) times any way encumber the title and all estimated costs of Landlord in and any Alterations to the Premises, nor to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work. Lessee shall Tenant create indemnify and defend with counsel acceptable to Lessor and hold Lessor harmless from and against any liens, demands, claims, actions, suits, proceedings, orders, losses, costs, damages, liabilities, penalties, expenses, judgments or permit to be createdencumbrances (including without limitation, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge attorneys' fees) arising out of any agreement (expressed work or implied), chattel mortgage, security agreement, financing statement services performed or otherwise) upon materials furnished by or at the Premises direction of Lessee or Lessee's Agents or any part thereof contractor employed by Lessee with respect to the Premises. Lessor shall have the right, at all times, to post and keep posted on the Premises, any notices permitted or required by law, or which Lessor shall deem proper, for the income therefrom protection of Lessor, the Project, and any other party having an interest therein, from mechanics' and materialmen's liens, including without limitation a notice of non-responsibility. Lessee shall give written notice to Lessor fifteen (15) days prior to employing any laborer or any personal property used in connection with the operation of contractor to perform services related to, or receiving materials for use upon the Premises, and Tenant shall not suffer prior to the commencement of any other matter work of improvement on the Premises. Should any claims of lien relating to work performed, materials furnished or thing whereby the estateobligations incurred by Lessee be filed against, rights and interest of Landlord in the Premises or any action be commenced affecting the Premises, any part thereof might be impairedof the Project, and/or Lessee's interest therein, Lessee shall give Lessor notice of such lien or action within three (3) days after Lessee receives notice of the filing of the lien or the commencement of the action. If Tenant shall fail to Lessee does not, within twenty (20) days following the imposition of any such lien, cause any such lien to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLessor shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedycause the same to be released by such means as it shall deem proper, including by payment of the claim giving rise to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien posting a proper bond, or by deposit requiring Lessee to post for Lessor's benefit a bond, surety, or bonding proceedings, cash amount equal to one and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay one-half (l-1/2) times the amount of judgment in favor of lien and sufficient to release the lien owner with interest, costs Premises and allowancesProject from the lien. Any amount so All sums paid by Landlord Lessor pursuant to this Article 12 and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith including attorneys' fees and costs shall constitute Additional Rent be payable to Lessor by Tenant under this Lease, due from Tenant to Landlord at the next Lessee as additional rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.
Appears in 2 contracts
Samples: Sublease (Inktomi Corp), Office Lease (Inktomi Corp)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work, except to the extent such notice has already been provided as a component of Landlord’s consent. In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged by bond, title insurance or otherwise within ten (10) business days of notice to Tenant, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord within ten (10) days following written demand), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred twenty-five percent (125%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.
Appears in 2 contracts
Samples: Standard Office Lease, Standard Office Lease (Coinstar Inc)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which event Tenant shall reimburse Landlord for any such payment made by Landlord within three (3) business days following written demand therefor), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.
Appears in 2 contracts
Samples: Reaffirmation, Consent to Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.), Standard Office Lease (Prospect Acquisition Corp)
Liens. Tenant Supplier shall not do make prompt and timely payment of any act which shall debts or liabilities incurred by Supplier in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create connection with or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of the Agreement. Supplier will not cause or permit any mechanic’s liens, materialmen’s liens, legal hypothecs, state, provincial, local, or federal statutory bond claims, labour and material payment bond claims or other private bond claims, agreement (expressed claims or implied)other liens or Claims for work, chattel mortgage, security agreement, financing statement labour or otherwise) upon the Premises services ordered directly or indirectly by Supplier or any part thereof of Supplier’s Personnel or Subcontractors pursuant to the Agreement or any Purchase Order, to attach to any property or assets that Rio Tinto or the income therefrom Relevant Companies own, lease, license or otherwise have an interest in. Supplier shall, at its sole cost, obtain the prompt release of any personal such liens or Claims attached to or affixed against Rio Tinto or the Relevant Companies or its or their property used or assets. The final payment owed to Supplier by any Relevant Company under the terms of the Agreement shall be contingent on full release of any such outstanding liens or Claims. Supplier for itself and its Personnel, and for its and their Subcontractors, materialmen and employees and for all other persons performing any labour or furnishing any materials or labour in connection with the operation Agreement or any Purchase Order, hereby waives to the full extent permitted by Applicable Laws all such liens or Claims for or on account of the PremisesServices performed or Products or other materials furnished hereunder, so that improvements or structures wherein the same may be incorporated and Tenant the land to which they are appurtenant shall not suffer at all times be free and clear of all such liens or Claims. At the written request of Rio Tinto and/or the Relevant Companies, Supplier shall provide the Relevant Companies with satisfactory waivers of such liens or Claims by Supplier, its Subcontractors and its/their respective Personnel. Without waiving any other matter remedy available to Rio Tinto or thing whereby the estateRelevant Companies, rights if Supplier fails or refuses to make prompt and interest timely payment of Landlord any debts or liabilities incurred by Supplier in connection with the Premises Agreement or to obtain prompt and timely release of any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordliens or Claims under this Section 12.8, then Landlord, after thirty (30) days notice of its intention to do so, Rio Tinto or the Relevant Company shall have the right, but not the obligation, in addition right to any other right pay or remedydischarge such debt or liabilities, to discharge take such steps and incur such costs as required to remove any lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsClaim, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay deduct the amount of judgment in favor of the lien owner with interest, such payment and costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed compensation or sum due or to be performed, become due under the Agreement or any materials furnished or Purchase Order to be furnished, at which the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofRelevant Company is a party.
Appears in 2 contracts
Samples: Umbrella Supply Agreement (Enssolutions, Inc.), Umbrella Supply Agreement (Enssolutions, Inc.)
Liens. Tenant shall not do any act which shall in any way encumber the title will pay all costs of Landlord in and to the Premises, nor shall Tenant create construction done by it or permit caused to be createddone by it on the Premises as permitted by this Lease. Tenant will keep the Project free and clear of all construction, and shall promptly dischargemechanics, any such lien (including, but not limited to, any mechanicmaterialman’s, contractor’slaborer’s and supplier’s liens, subcontractor’s resulting from construction done by or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and for Tenant. The interest of Landlord in the Premises and the Project shall not be subject to liens for improvements made by Tenant. Any lien filed by any contractor, materialman, laborer or supplier performing work for Tenant shall attach only to Xxxxxx’s interest in the Premises. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from and against any and all costs and liabilities (including attorneys’ fees and expenses) and any and all construction, mechanic’s, materialman’s, laborer’s or supplier’s liens arising out of or pertaining to any improvements or construction done by Xxxxxx. All persons and entities contracting or otherwise dealing with Tenant relative to the Premises or the Project are hereby placed on notice of the provisions of this Paragraph, and Tenant shall further notify in writing such persons or entities of the provisions of this Paragraph prior to commencement of any Tenant work in the Premises. If any construction, mechanic’s, materialman’s, laborer’s or supplier’s lien is ever claimed, fixed or asserted against the Premises or any part thereof might be impairedother portion of the Project in connection with any such Tenant work, Tenant shall, within 10 days after receipt by Tenant of notice of such lien, discharge same as a lien either by payment or by posting of any bond as permitted by law. If Tenant shall fail to cause discharge any such lien to be discharged lien, whether valid or not, within 10 days after receipt of record, then notice from Landlord, after thirty (30) days notice of its intention to do so, Landlord shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge on behalf of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord Tenant and all costs and expenses (including reasonable incurred by Landlord associated with the discharge of the lien, including, without limitation, attorneys’ fees) incurred by Landlord in connection therewith , shall constitute Additional additional Rent hereunder and shall be immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofXxxxxx.
Appears in 2 contracts
Samples: Office Lease (Ameriquest, Inc.), Office Lease (Ameriquest, Inc.)
Liens. Tenant shall not do have no authority or power, express or implied, to create or cause to be created any act which mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind against the Property. Should any mechanic’s, materialmen’s or other lien, charge or encumbrance of any kind be filed against the Property by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be cancelled or discharged of record by bond or otherwise within sixty (60) days after notice to Tenant by Landlord, or within thirty (30) days after notice to Tenant by Landlord if at the time of such notice Landlord anticipates a sale or refinancing of the Property closed within sixty (60) days after said notice (and if Landlord includes that fact in any way encumber Landlord’s notice to Tenant). If Tenant shall fail to cancel, bond or discharge said lien or liens within the title of time provided pursuant to this Section, Landlord may, at its sole option, cancel or discharge the same, and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in and canceling or discharging such liens. Except to the extent that such costs, losses, or liabilities are caused by Landlord’s actions, Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or cause of action arising out of or relating to any alterations, additions, or improvements made by Tenant to the Leased Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractorconstruction or materialmen’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used liens asserted in connection with the operation of the Premises, therewith. Landlord and Tenant shall not suffer any other matter or thing whereby the estate, rights expressly agree and acknowledge that no interest of Landlord in the Leased Premises or any part thereof might the Property be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition subject to any other right lien for improvements made by Tenant in or remedy, to discharge such lien either by paying for the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsLeased Premises, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedlien for any improvements made by Tenant, or any materials furnished or to be furnishedsuch liability being expressly prohibited by the terms of this Lease. In accordance with applicable laws of the State of Florida, at Landlord may file in the Premises for Tenant upon creditpublic records of the County in which the Building is located, a public notice containing a true and correct copy of this paragraph, and that no mechanic’s Tenant hereby agrees to inform all contractors and materialmen performing work in or other lien for such work or supplying materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord Leased Premises of the existence of the prohibition contained in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofthis paragraph.
Appears in 2 contracts
Samples: Lease Agreement (Protective Products of America, Inc.), Lease Agreement (Protective Products of America, Inc.)
Liens. Tenant shall not do any act which shall in any way encumber keep the title Premises free from all liens, preliminary notices of Landlord in and liens, right to liens, or claims of liens of contractors, subcontractors, mechanics, or materialmen for work done or materials furnished to the Premises, nor shall Tenant create or permit to be created, Property at the request of Tenant. Whenever and shall promptly discharge, so often as any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s shall attach or material man’s lien claims or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon notices thereof shall be filed against the Premises Property or any part thereof as a result of work done or materials furnished to the income therefrom or any personal property used in connection with Property at the operation request of Tenant, Tenant shall, within ten (10) days after Tenant has notice of the Premisesclaim or notice of lien, and Tenant shall not suffer any other matter cause it to be discharged of record, which discharge may be accomplished by payment or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedby bonding proceedings. If Tenant shall fail to cause any the lien, or such lien claim or notice thereof, to be discharged of recordwithin the ten-day period, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedy, to Landlord may, but shall not be obligated to, discharge such lien it either by paying the amount claimed to be due or by procuring the discharge of such lien the lien, or claim or notice thereof, by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable expenses, including, without limitation, attorneys’ fees) , incurred by Landlord in connection therewith shall constitute Additional Rent additional rent payable by Tenant under this Lease, due from Lease and shall be paid by Tenant to in full on demand of Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent (3%) per annum the rate set forth in Section 2.2 hereof from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered it was paid by Landlord in writingLandlord. Tenant shall not have no power the authority to do any act subject the interest or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of LandlordLandlord to any liens, rights to liens, or any other interest claims of Landlord in the Premisesliens for services, the Building materials, supplies, or the other Improvements equipment furnished to Tenant or any part thereofon behalf of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)
Liens. (a) Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create agrees that it will pay or permit cause to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s paid all costs for work done by it or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon caused to be done by it on the Premises of a character which will or any part thereof or the income therefrom or any personal property used may result in connection with the operation of the Premisesliens on Landlord's reversionary estate therein, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in keep the Premises free and clear of all mechanics' liens and other liens on account of work done for Tenant or persons claiming under it. If any part thereof might such lien shall at any time be impairedfiled against the Premises, Tenant shall either cause the same to be discharged within thirty (30) days after the recording thereof, or, if Tenant, in Tenant's discretion and in good faith, determines that such lien should be contested, shall furnish such security as may be necessary or required to prevent any foreclosure proceedings against the Premises during the pendency of such contest. If Tenant shall fail to cause any furnish such lien to be discharged of recordsecurity, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from Tenant's said default, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by due, procuring the discharge of such lien by deposit giving security, or bonding proceedingsin such other manner as is, and in any such event Landlord or may be, prescribed by law. Tenant shall be entitled if it so elects repay to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestLandlord, costs and allowances. Any amount so paid as Rent, on demand, all sums disbursed or deposited by Landlord pursuant to the provisions of this Section 5.7, including all costs, expenses and all costs and expenses (including reasonable attorneys’ fees) ' fees incurred by Landlord in connection therewith therewith. Nothing contained herein shall constitute Additional Rent payable by Tenant imply any consent or agreement on the part of Landlord to subject Landlord's estate to liability under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s mechanics' lien or other lien for such work law.
(b) Should any claims of lien be filed against the Premises or materials shall attach to or affect any action affecting the estate or interest of Landlord in and title to the PremisesPremises be commenced, unless specifically ordered by the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. Landlord in writing. Tenant or its representative shall have no power the right to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance post and keep posted upon the estate Premises notices of nonresponsibility or such other notices which Landlord may deem to be proper for the protection of Landlord, or any other 's interest of Landlord in the Premises. Tenant shall, before the Building or commencement of any work which might result in any such lien, give to Landlord advance written notice of its intention to do so in reasonably sufficient time to enable the other Improvements or any part thereofposting of such notices.
Appears in 2 contracts
Samples: Store Lease Agreement (Gottschalks Inc), Asset Purchase Agreement (Gottschalks Inc)
Liens. Tenant Sublessee shall not do keep the Subleased Premises and all alterations, ----- additions and improvements thereto, free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens arising out of any agreement (expressed work performed or implied), chattel mortgage, security agreement, financing statement obligations incurred by or otherwise) upon the Premises for Sublessee or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedmaterials furnished to Sublessee. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, Sublessor shall have the rightright to post notices of no responsibility with respect to any work performed or obligations incurred by or for Sublessee or materials furnished to Sublessee. If Sublessee fails to keep the Subleased Premises free from any such liens and does not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond, Sublessor shall have, in addition to all other remedies provided herein and by law, the right but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due released by such means as it shall deem proper, including payment of or by procuring defense against the discharge of claim giving rise to such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceslien. Any amount so All sums paid by Landlord Sublessor and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith (including, without limitation, reasonable attorneys, fees) shall constitute create automatically an obligation of Sublessee to pay an equivalent amount as Additional Rent, which Additional Rent shall be payable by Tenant under this Lease, due from Tenant to Landlord Sublessee on Sublessor's demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) maximum rate per annum from the date of payment thereofpermitted by law until paid. This Lease shall constitute notice that Landlord Such interest charged shall not be liable for constitute Sublessor's exclusive remedy nor compromise or limit any work performed other rights granted Sublessor by this Sublease or by law or equity. Nothing herein shall imply any consent by Sublessor to subject Sublessor's estate to liability under any mechanic's lien law. Sublessee may contest the validity and/or amount of any lien imposed on the Subleased Premises, provided that Sublessee has caused such lien to be performed, released of record by the payment or any materials furnished or to be furnished, at posting of the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproper bond.
Appears in 2 contracts
Samples: Sublease Agreement (Creative Computers Inc), Sublease Agreement (Ubid Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title promptly file and/or record, as applicable, all notices of Landlord in and to the Premises, nor shall Tenant create or permit to be createdcompletion provided for by law, and shall promptly dischargepay and discharge all claims for work or labor done, any such lien (includingsupplies furnished or services rendered at the request of Tenant or at the request of Landlord on behalf of Tenant, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon and shall keep the Premises or any part thereof or and the income therefrom or any personal property used Project free and clear of all mechanics' and materialmen's liens in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of therewith. Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not and shall be given ten (10) business days written notice by Tenant prior to commencement of the obligationwork, to post or keep posted on the Premises, or in the immediate vicinity thereof, any notices of non-responsibility for any construction, alteration, or repair of the Premises by Tenant. If any such lien is filed, Tenant shall cause same to be discharged of record within ten (10) days following written notice thereof, or if Tenant disputes the correctness or validity of any claim of lien, Landlord may, in addition its reasonable discretion, permit Tenant to any other right post or remedyprovide security in a form and amount acceptable to Landlord to insure that title to the Project remains free from the lien claimed. If said lien is not timely discharged Landlord may, but shall not be required to, take such action or pay such amount as may be necessary to discharge remove such lien either by paying the amount claimed and Tenant shall pay to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in Landlord as Additional Rent any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien amounts expended by the lienor and to pay the amount of judgment in favor of the lien owner with interestLandlord, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent the Default Rate (3%as defined in Section 5.3 hereof), within five (5) per annum days after notice is received from Landlord of the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered amount expended by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement (Schnitzer Steel Industries Inc), Lease Agreement (Schnitzer Steel Industries Inc)
Liens. Tenant shall not do have no authority, express or implied, to create or place (or allow to be created or placed) any act which shall in lien or encumbrance of any way encumber kind or nature whatsoever upon, the title interest of Landlord in the Premises (or the leasehold interest of Tenant created under this Lease) for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay or cause to be paid the full amount of all sums due and to payable by it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises, nor in every case, before such amounts become delinquent. Tenant shall discharge of record by payment, bonding or otherwise any lien filed against the Premises on account of any labor performed or materials furnished in connection with any work performed by Tenant create or permit to be createdon the Premises immediately upon the filing of any claim of lien. Tenant shall indemnify, defend and shall promptly discharge, hold Landlord harmless from any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge and all Claims arising out of any agreement (expressed or implied)related to asserted claims or liens against the leasehold estate or against the right, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights title and interest of Landlord in the Premises or this Lease arising from or relating any part act or agreement of Tenant or any of the Tenant’s Parties (a “Tenant Lien”). Tenant agrees to give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises or Tenant’s leasehold estate. In the event that Tenant fails to remove of record by payment or bond any Tenant Lien asserted or filed against the Premises within five (5) business days of receipt of written notice from Landlord of the need to do so, Landlord shall have the right, at Landlord’s option, of paying and discharging the same or any portion thereof might without inquiry as to the validity thereof, and any amounts so paid, including expenses and any late charges, shall be impaired. If Rent immediately due and payable to Landlord by Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge delivery of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofa xxxx therefor.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Lifetime Brands, Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title will pay all costs of Landlord in and to the Premises, nor shall Tenant create construction done by it or permit caused to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon done by it on the Premises as permitted by this Lease. Tenant will keep the Project free and clear of all construction, mechanic's, materialman's, laborer's and supplier's liens, resulting from construction done by or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and for Tenant. The interest of Landlord in the Premises and the Project shall not be subject to liens for improvements made by Tenant. Any lien filed by any contractor, materialman, laborer or supplier performing work for Tenant shall attach only to Tenant's interest in the Premises. Tenant agrees to indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all costs and liabilities and any and all mechanic's, materialman's or laborer's liens arising out of or pertaining to any improvements or construction done by Tenant. All persons and entities contracting or otherwise dealing with Tenant relative to the Premises or the Project are hereby placed on notice of the provisions of this paragraph, and Tenant shall further notify in writing such persons or entities of the provisions of this paragraph prior to commencement of any Tenant work in the Premises. If any construction, mechanic's, materialman's or laborer's lien is ever claimed, fixed or asserted against the Premises or any part thereof might be impairedother portion of the Project in connection with any such Tenant work, Tenant shall, within thirty (30) days after receipt by Tenant of notice of such lien, discharge same as a lien either by payment or by posting of any bond as permitted by law. If Tenant shall fail to cause discharge any such lien to be discharged lien, whether valid or not, within ten (10) days after receipt of record, then notice from Landlord, after thirty (30) days notice of its intention to do so, Landlord shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge on behalf of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith associated with the discharge of the lien, including without limitation, attorneys' fees, shall constitute Additional Rent additional rent hereunder and shall be immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofTenant. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnishedLandlord, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach its option may record a Notice of Lease pursuant to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofF.S 718.01.
Appears in 2 contracts
Samples: Office Lease (Starmedia Network Inc), Office Lease (Starmedia Network Inc)
Liens. Tenant If Subcontractor has been paid undisputed sums due, Subcontractor shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s pay when due all claims for labor or material man’s lien incurred by Subcontractor in the performance of this Subcontract. If any liens, attachments, or suits affecting title to real property are recorded and/or filed against the Project, the property or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part portion thereof or the income therefrom or any personal property used in connection with claims for labor or material incurred by Subcontractor in the operation performance of this Subcontract, Subcontractor shall within ten (10) Days after written demand by Contractor, cause the Premiseseffect of such lien, attachment or suit to be removed from the Project, the property or any portion thereof, and Tenant Subcontractor shall not suffer indemnify, defend and hold Indemnitees and the property harmless from and against any other matter or thing whereby and all liability and claims made in connection therewith, including, without limitation, any costs and expenses for attorneys' fees, bond premiums and all incidental and consequential damages resulting there from. In the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant event Subcontractor shall fail to promptly cause the effect of any such lien lien, attachment or suit to be discharged of recordso removed, then LandlordOwner and Contractor are hereby authorized to use whatever means it may deem best to cause the lien, after thirty (30) days notice of attachment or suit, together with its intention effect upon the title, to do sobe removed, discharged, satisfied, compromised or dismissed, and the cost thereof, including attorneys` fees incurred by Owner and Contractor, shall have become immediately due from Subcontractor to Owner and Contractor. Subcontractor may contest any such lien, attachment or suit, provided he shall cause the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed effect thereof to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum removed from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesProject, the Building or the other Improvements property or any part thereof. Should Subcontractor fail to make any payments required under this Section, Owner or Contractor may make such payments on behalf of Subcontractor, and Subcontractor shall, on demand, reimburse Contractor for the amount actually paid, but Owner or Contractor shall not be entitled to collect any greater amount from Subcontractor than the amount actually paid under this Section plus any attorney’s fees incurred as a result of Subcontractor’s failure to make payments.
Appears in 2 contracts
Samples: Subcontract Agreement, Subcontract Agreement
Liens. No work performed by Tenant pursuant to this Lease shall not do any act which shall in any way encumber be deemed to be for the title immediate use and benefit of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any so that no mechanic’s, contractor’s, subcontractormaterialmen’s or material man’s lien other liens shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve, alter or any lienrepair the Leased Premises. Tenant shall keep the Leased Premises, encumbrance or charge the Bank of America Building and Bellevue Place free and clear of all liens and encumbrances arising out of any agreement (expressed work performed for, materials furnished to and obligations incurred by or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation on behalf of the Premises, Tenant and Tenant shall indemnify and hold Landlord harmless from any liability from any and all costs, liabilities and expenses (including but not suffer limited to attorneys’ fees and Landlord’s reasonable administrative costs and expenses) arising therefrom. Prior to commencing any improvement, alteration or repair work to the Leased Premises, Tenant shall provide to Landlord, at Tenant’s sole cost and expense, separate payment and performance bonds for such work and materials in an amount equal to either (i) the actual contract price if the contract price is fixed, or (ii) one and one-half (1-1/2) times the estimated cost of the improvements, alterations or repairs which Tenant desires to make within the Leased Premises if the contract price is not fixed. Such bonds shall cover the faithful performance of the contract and payment of all obligations arising therefrom and insure Landlord against any and all liability for mechanics’ and materialmen’s liens and other matter similar liens and insure the completion of such work. If any lien is filed against the Bank of America Building, Bellevue Place or thing whereby the estateLeased Premises by any person claiming by, rights through or under Tenant, Tenant shall, at Tenant’s sole cost and interest of Landlord in expense, immediately discharge the Premises or any part thereof might be impairedsame. If Tenant shall fail to cause any such lien to be immediately discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may bond or discharge such lien either the same by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsdue, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (Landlord, including any reasonable attorneys’ fees) attorney’s fees incurred by Landlord in connection therewith defending against or responding to such lien or in procuring its discharge of record, shall constitute Additional Rent be due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofas additional rent.
Appears in 2 contracts
Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics’ liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days’ written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which case Tenant shall reimburse Landlord for any such payment made by Landlord within ten (10) days following written demand), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys’ fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.
Appears in 2 contracts
Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)
Liens. Tenant shall not do keep the Premises free from any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens arising out of work or services performed, materials furnished to or obligations incurred by Tenant, or, in the alternative, Tenant may bond over any agreement (expressed liens to the reasonable satisfaction of Landlord. Tenant further covenants and agrees that any mechanic's or implied), chattel mortgage, security agreement, financing statement or otherwise) upon materialman's lien filed against the Premises for work or services claimed to have been done for, or materials claimed to have been furnished to, or obligations incurred by Tenant shall be discharged or bonded by Tenant within twenty (20) days after the filing thereof, at Tenant's sole cost and expense. Should Tenant fail to discharge or bond against any part thereof or the income therefrom or any personal property used in connection with the operation lien of the Premisesnature described in this Section, Landlord may, at Landlord's election, pay such claim or otherwise provide security to eliminate the lien as a claim against title, and Tenant shall not suffer any other matter or thing whereby immediately reimburse Landlord for the estate, rights and interest of Landlord in the Premises or any part costs thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute as Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingRent. Tenant shall have no power indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to do Landlord) and hold the Landlord Indemnitees harmless from and against any act or make Claims arising from any contract that may create or be the foundation for such liens, including any lienadministrative, mortgage court or other encumbrance upon legal proceedings related to such liens. In the estate event that Tenant leases or finances the acquisition of Landlordoffice equipment, furnishings or any other interest personal property of Landlord a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code financing statement shall, upon its face or by exhibit thereto, indicate that such financing statement is applicable only to removable personal property of Tenant located within the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)
Liens. Tenant Borrower shall not do create, incur, assume or suffer to exist any act which shall in Lien on any way encumber the of Borrower’s right, title of Landlord or interest in and to the PremisesProperty, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedexcept for Permitted Encumbrances. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after Within thirty (30) days of the filing of any such Lien (or such sooner period as may be required in the event the Property (or part thereof or interest therein) shall be in imminent danger of being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Lien of the Mortgage being primed by any related Lien), Borrower shall either pay or otherwise cause such Lien to be discharged from the Property. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of its intention to do sothe Lien, provided that (i) no Default (other than a Default that is the subject matter being contested) or Event of Default has occurred and remains uncured; (ii) such proceeding shall have be permitted under and be conducted in accordance with the right, but not the obligation, in addition to applicable provisions of any other right instrument to which Borrower or remedy, to discharge the Property is subject and shall not constitute a default thereunder and such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord proceeding shall be entitled if it so elects to compel conducted in accordance with all applicable statutes, laws and ordinances; (iii) the prosecution Property nor any part thereof or interest therein will not be in danger of an action for foreclosure of such lien by the lienor and to being sold, forfeited, terminated, cancelled or lost; (iv) Borrower shall promptly upon final determination thereof pay the amount of judgment any such Lien (and perform any such act to discharge the same of record), together with all costs, interest and penalties which may be payable in favor connection therewith; (v) such proceeding shall suspend the enforcement of the lien owner with interestLien by any party against the Property; and (vi) Borrower shall furnish such security as may be required in the proceeding in order to suspend the enforcement of such Lien, costs or as may be reasonably requested by Lender, to insure the payment (and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ feesdischarge from record) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after of any such paymentLien, together with all interest thereon and penalties thereon. Lender may pay over any such cash deposit or part thereof held by Lender to the claimant entitled thereto at Prime plus three percent any time when, in the reasonable judgment of Lender, the entitlement of such claimant is established or the Property (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate part thereof or interest therein) shall be in imminent danger of Landlord in and to being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Premises, unless specifically ordered Lien of the Mortgage being primed by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofrelated Lien.
Appears in 2 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Liens. Tenant shall not do cause or permit any act which shall in any way encumber mechanics’ or other liens to be placed upon the title of Landlord in and to Property, the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractorTenant’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used leasehold interest hereunder in connection with any work or service done or purportedly done by or for the operation benefit of Tenant, its subtenants, or any other party acting under or through Tenant (excluding the Premises, and Initial Tenant Work). Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of give Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after notice at least thirty (30) days prior to the commencement of any work in the Premises to afford Landlord the opportunity, where applicable, to post and record notices of non-responsibility. Tenant, within thirty (30) days after notice of its intention to do sofrom Landlord, shall have fully discharge any such lien by settlement, by bonding or by insuring over the rightlien in the manner prescribed by the applicable lien Law. If Tenant fails to timely discharge such lien within such period, but not the obligationTenant shall be deemed in Default under this Lease and, in addition to any other right remedies available to Landlord as a result of such Default by Tenant, Landlord, at its option, may bond, insure over or remedy, otherwise discharge the lien. Tenant shall reimburse Landlord for any amount paid by Landlord to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingslien, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestincluding, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including without limitation, reasonable attorneys’ fees) incurred by . Landlord shall have the right to require Tenant to post a performance or payment bond in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, service done or any materials furnished purportedly done by or to be furnished, at for the Premises for benefit of Tenant. Tenant upon credit, acknowledges and agrees that no mechanic’s or other lien for all such work or materials shall attach to or affect service is being performed for the estate or interest sole benefit of Landlord in Tenant and to not for the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate benefit of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
Liens. Landlord shall deliver the Demised Premises to Tenant shall not do free ----- of all mechanic's and materialmen's liens or bond over all such mechanic's and materialmen's liens. Tenant has no authority, express or implied, to create or place any act which shall lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind the title interest of Landlord or Tenant in and to the Demised Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, charge the rentals payable hereunder for any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out claim in favor of any agreement (expressed person dealing with Tenant, including those who furnish materials or implied), chattel mortgage, security agreement, financing statement perform labor for any construction or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesrepairs, and Tenant covenants and agrees that it shall not suffer mortgage, encumber or pledge this Lease or any interest therein. The preceding sentence shall not be construed as prohibiting Tenant from making Alterations as provided in Paragraph 8 above or from permitting any other matter mechanics or thing whereby materialmen's lienable work to be performed as long as such work is not prohibited by this Lease. Tenant agrees to indemnify and hold Landlord harmless from any lien filed against the estateDemised Premises on account of work performed by or on behalf of Tenant and from any and all losses, rights costs, damages, expenses, liabilities, suits, penalties, claims and interest damages (including reasonable attorney fees) arising from or relating to such lien. After Tenant's receipt of notice or actual knowledge of the placing of any lien or encumbrance against the Demised Premises, Tenant shall immediately give Landlord in the Premises written notice thereof. Tenant shall within ten (10) days therefrom remove such lien by payment or any part thereof might be impairedbond. If Tenant shall fail to cause any discharge such mechanic's lien to be discharged of recordwithin such period, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, but shall not be obligated to, discharge such lien either the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, a cash sum sufficient to secure the discharge of the same, or bonding proceedingsby the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in any such event Landlord shall other manner as is now or may in the future be entitled if it so elects to compel provided by present or future law for the prosecution of an action for foreclosure discharge of such lien by as a lien against the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowancesDemised Premises. Any amount so paid by Landlord and Landlord, or the value of any deposit so made by Landlord, together with all costs costs, fees and expenses in connection therewith (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease' fees of Landlord), due from Tenant to Landlord at the next rent day after any such payment, together with interest thereon at Prime plus three percent (3%) per annum from the date of rate set forth in Paragraph 33 hereof, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as Additional Rent. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment thereoffor the same. This Lease shall constitute notice Notice is hereby given that Landlord shall not be liable for any work performed labor, services, materials, supplies, skill, machinery, fixtures or to be performed, or any materials equipment furnished or to be furnished, at the Premises for furnished to Tenant upon credit, and that no mechanic’s 's lien or other lien for any such work labor, services, materials, supplies, machinery, fixtures or materials equipment shall attach to or affect the estate or interest of Landlord in and to the Demised Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.
Appears in 2 contracts
Samples: Sublease Agreement (R2 Technology Inc), Sublease (R2 Technology Inc)
Liens. Tenant shall not do have no authority, express or implied, to create or place any act which shall lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind, the title interest of Landlord or Tenant in the Premises or to charge the Rent payable hereunder for any claim in favor of any person dealing with Tenant, including, without limitation, those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay or cause to be paid all sums legally due and to payable by it on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises. Tenant shall discharge of record by payment, nor bonding or otherwise any lien filed against the Premises on account of any labor performed or materials furnished in connection with any work performed by Tenant on the Premises within thirty (30) days of receiving notice of the filing of any claim of lien. Tenant shall Tenant create indemnify, defend and hold Landlord harmless from any and all liability, loss, cost or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s expense based on or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed asserted claims or implied)liens against the leasehold estate or against the right, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights title and interest of Landlord in the Premises Project or any part thereof might be impairedthis Lease arising from the act or agreement of Tenant. If Tenant shall fail agrees to cause any such lien to be discharged of record, then Landlord, after thirty (30) days give Landlord prompt written notice of its intention to do so, the placing of any lien or encumbrance against the Premises. Landlord shall have the right, but not at Landlord's option, of paying and discharging the obligation, in addition same or any portion thereof without inquiry as to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsvalidity thereof, and in any such event Landlord amounts so paid, including expenses and applicable late charge, shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date upon rendition of payment thereofa xxxx therefor. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof9.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)
Liens. Tenant shall not do all things necessary to prevent the filing of any act which shall in construction, mechanics’ or other liens or encumbrances against the Building or the Land, or any way encumber the title part thereof, or upon any interest of Landlord in and or any mortgagee of the Land and/or the Building, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant, or anyone holding the Leased Premises, nor shall Tenant create or permit to be createdany part thereof, and shall promptly discharge, through or under Tenant. If any such lien (includingor encumbrance shall at any time be filed against the Leased Premises, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lienportion thereof, encumbrance or charge arising out Tenant shall either cause same to be discharged of record within thirty (30) days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security as Landlord shall determine to be necessary and/or required to prevent any agreement (expressed or implied)foreclosure proceedings against the Leased Premises, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or portion thereof, during the income therefrom or any personal property used in connection with the operation pendency of the Premisessuch contest, and Tenant shall not suffer any other matter cause the title insurance company or thing whereby companies insuring the estate, rights and interest respective interests in the Leased Premises of Landlord and/or Landlord’s mortgagee(s) in any portion of the Leased Premises or any part thereof might be impairedto remove such lien as a matter affecting title to the Leased Premises. If Tenant shall fail to cause discharge any such lien or encumbrance within such period or fail to be discharged of recordfurnish such security, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from said default of Tenant, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit giving security or bonding proceedingsin such other manner as is, or may be, prescribed by law, and in any such event Landlord shall be entitled if it so elects to compel the prosecution all costs, expenses, and other sums of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred money spent by Landlord in connection therewith shall constitute Additional Rent payable by an Advance. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant under this Leasefor the furnishing of any labor, due from services, materials, supplies, or equipment with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of obtain payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingsame. Tenant shall have no power indemnify and defend Landlord from and against any liability, loss, damage, costs, attorneys’ fees, and any other expense incurred as a result of claims of lien by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant, which indemnity obligation shall survive the expiration or termination of this Lease. Tenant shall give Landlord notice of the intended commencement date at least ten (10) days prior to do the commencement of any act or make any contract that work for which a claim of lien may create or be the foundation for any lien, mortgage or other encumbrance upon the estate filed to enable Landlord to post notices of Landlord, non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord’s interest of Landlord in the Premises, Leased Premises and Landlord shall have the Building or right to enter the other Improvements or Leased Premises and post such notices at any part thereofreasonable time.
Appears in 2 contracts
Samples: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)
Liens. Tenant shall not do any act which shall a. To the extent permitted by applicable state law, Contractor agrees that no mechanic’s liens or other claim or claims in any way encumber the title nature of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s a lien or charge shall be filed or maintained by Contractor or by a lien or claimant claiming through Contractor, against the real estate owned by or leased by or licensed to or otherwise used or occupied by AT&T, or against any lienmoney due to or coming due from AT&T for materials, encumbrance labor, services or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used equipment in connection with the operation of the PremisesService(s), and Tenant that such right to file any such lien, claim or charge is hereby waived expressly. Contractor shall not suffer serve or file any notice or document, or take any other matter action, which would be a prerequisite for filing a lien claim.
b. Contractor shall insert the following language in any of its contracts or thing whereby the estatepermitted subcontracts with parties furnishing labor, rights and interest of Landlord materials, services or equipment.
c. “Subcontractor agrees that no mechanic’s liens or other claim or claims in the Premises nature of a lien or charge for materials, labor, services or equipment in connection with the Service(s) shall be filed or maintained by Subcontractor or by any part thereof might be impaired. If Tenant shall fail lien or claimant claiming through Subcontractor against real estate owned by or leased by or licensed to cause or otherwise used or occupied by AT&T or against money due to or coming due from AT&T to the general contractor and that any such right to file such lien, claim or charge is expressly waived.”
d. If any lien to be discharged of record, then Landlord, after thirty or encumbrance is filed and Contractor does not remove the lien within fifteen (3015) days notice of its intention to do sowritten notification by AT&T, shall AT&T will have the right, but not the obligation, in addition to any other right pay such sums or remedy, take such actions as necessary to discharge such have the lien either by paying the amount claimed to be due removed or by procuring the discharge of such lien by deposit or bonding proceedingsdischarged, and in any such event Landlord Contractor shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor indemnify, defend and to pay the amount of judgment in favor of the lien owner with interestsave AT&T harmless from and against all resulting loss and expense, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees.
e. Appendix L (“Contractor’s Receipt of Payment, Release and Waiver of Lien”) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasebe i) submitted prior to AT&T Actualizing MS***** (*****), due from Tenant to Landlord at and ii) shall show that if AT&T pays the next rent day after any such paymentFinal Invoice amount, with interest thereon at Prime plus three percent (3%) per annum from then the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or amount remaining to be performedpaid shall equal $0. THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, or any materials furnished or to be furnishedTHE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingAND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofOMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”.
Appears in 2 contracts
Samples: Construction Subordinate Agreement (Goodman Networks Inc), Construction Subordinate Agreement (Goodman Networks Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the PremisesExcept as permitted under Section 7.2 above or Section 9.1 below, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant Subtenant shall have no power to do any act or make any contract that which may create or be the foundation basis for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Sublandlord or Prime Landlord in the Premises or in the buildings and improvements thereon, and, in the case of any alteration, addition or improvement permitted under Section 7.2 above or Section 9.1 below, Subtenant shall promptly pay when due the entire cost of all work done and shall keep the Premises free of liens for labor or materials related thereto. Subtenant agrees that should Subtenant cause any construction, alterations, rebuildings, restorations, replacements, changes, additions, improvements or repairs to be made on the Premises, or cause any labor to be performed or material to be furnished thereon, therein or thereto, neither Sublandlord nor Prime Landlord nor the Building Premises shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished, but all such construction, alterations, rebuildings, restorations, replacements, changes, additions, improvements and repairs, and all such labor and material, shall be made, furnished and performed at Subtenant’ expense, and Subtenant shall be solely and wholly responsible to contractors, laborers and materialmen performing such labor and furnishings such material. If, because of any act or omission (or alleged act or omission) of Subtenant, any mechanic’s, materialmen’s or other Improvements lien, charge or order for the payment of money shall be filed or recorded against the Premises or any part building or improvement thereon, or against Sublandlord or Prime Landlord (whether or not such lien, charge or order is valid or enforceable as such), Subtenant shall, at its own expense, cause the same to be cancelled and discharged of record within thirty (30) days after Subtenant shall have received notice of the filing thereof, or Subtenant may, within said period, record or furnish to Sublandlord and Prime Landlord a bond reasonably satisfactory to Sublandlord and Prime Landlord against said lien, charge or order, in which case Subtenant shall have the right in good faith to contest the validity or amount thereof.
Appears in 2 contracts
Samples: Sublease (Health Enhancement Products Inc), Sublease (Health Enhancement Products Inc)
Liens. During the Term, Tenant will promptly, but no later than forty-five (45) days after the date Tenant first has knowledge of the filing thereof, or such shorter period as shall not do any act which shall in any way encumber prevent the title forfeiture of Landlord in and to the Premises, nor shall Tenant create remove and discharge of record, by bond or permit to be created, and shall promptly dischargeotherwise, any such lien charge, lien, security interest or encumbrance upon any of the Premises, Base Rent and Additional Rent which charge, lien, security interest or encumbrance arises for any reason (other than a result of Landlord’s act), including, but not limited to, all liens that arise out of the possession, use, occupancy, construction, repair or rebuilding of the Premises or by reason of labor or materials furnished, or claimed to have been furnished, to Tenant for the Premises, but not including any mechanic’s, contractor’s, subcontractor’s or material man’s lien encumbrances expressly permitted under this Lease or any lienmechanics liens created by Landlord. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, encumbrance express or charge arising out implied, by inference or otherwise, to or for the performance of any agreement (expressed contractor, laborer, materialman, or implied)vendor of any labor or services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises or any part thereof thereof. Notice is hereby given that, during the Term, Landlord will not be liable for any labor, services or the income therefrom materials furnished or any personal property used in connection with the operation of the Premisesto be furnished to Tenant, and Tenant shall not suffer any other matter or thing whereby the estate, rights and to anyone holding an interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right through or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditTenant, and that no mechanic’s mechanics or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered such labor, services or materials were placed in the Premises pursuant to a written agreement entered into by Landlord. In the event of the failure of Tenant to discharge any charge, lien, security interest or encumbrances as aforesaid, Landlord may, if not discharged by Tenant within ten (10) business days after written notice to Tenant, discharge such items by payment or bond or both, and Section 23.4 hereof shall apply. Provided Tenant is diligently contesting any such lien or encumbrance in writing. accordance with applicable law, in lieu of a bond Tenant shall have no power the option to do any act deposit cash (or make any contract that may create an irrevocable, standby letter of credit in form reasonably acceptable to Landlord) with Landlord in an amount sufficient to fully discharge such lien or be the foundation for any lien, mortgage or other encumbrance upon the estate of (as reasonably determined by Landlord, the “Lien Deposit”), which Lien Deposit may be used by Landlord to discharge, settle or otherwise satisfy the applicable lien or encumbrance at any time after the commencement of foreclosure proceedings or before forfeiture of the Premises or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.
Appears in 2 contracts
Samples: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed or discharged within ten (10) days of filing, Landlord shall have the right but not the obligation to pay and discharge said lien without regard to whether such lien shall be lawful or correct (in which event Tenant shall reimburse Landlord for any such payment made by Landlord within three (3) business days following written demand therefor), or to require that Tenant promptly deposit with Landlord in writing. Tenant cash, lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have no power been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord shall have the right to do apply such deposit in discharge of the judgment on said claim and any act or make any contract that may create or be the foundation for any liencosts, mortgage or other encumbrance upon the estate of including attorneys' fees and costs incurred by Landlord, or any other interest of Landlord in and shall remit the Premises, the Building or the other Improvements or any part thereofbalance thereof to Tenant.
Appears in 2 contracts
Samples: Standard Office Lease (Glu Mobile Inc), Office Lease (Alliance Fiber Optic Products Inc)
Liens. Tenant shall is not do any act which shall in any way encumber the title authorized to contract for or on behalf of Landlord in and for work on or the furnishing of materials to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any other part thereof or the income therefrom or any personal property used in connection with the operation of the PremisesBuilding. Other than Landlord’s Work, and the Tenant shall not suffer any Improvements, or other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien work to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred performed by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed pay or cause to be performed, paid all costs for work done by or any materials furnished on behalf of Tenant or caused to be furnished, at done by or on behalf of Tenant on the Premises for Tenant upon credit, and that no mechanicof a character which will or may result in liens against Landlord’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements Property, or any part thereof and Tenant will keep the same free and clear of all materialmens’, mechanics’ liens and other liens on account of work done for or on behalf of Tenant or persons claiming under Tenant. Except as otherwise provided herein, Tenant hereby agrees to indemnify Landlord for, and defend and hold Landlord harmless from and against all liability, loss, damages, costs or expenses, including reasonable attorneys’ fees, incurred in connection with any claims of any nature whatsoever for work performed for, or materials or supplies furnished to, Tenant or any of its subtenants or other occupants, including lien claims of contractors, laborers, or materialmen. Should any such liens be filed or recorded against the Premises, the Building or the Property with respect to work done for or materials supplied to Tenant or should any action affecting the title thereto be commenced by Tenant’s violation of this Article, Tenant shall cause such liens to be bonded or discharged and released of record within thirty (30) days after notice thereof. If Tenant desires to contest any such claim of lien, Tenant shall nonetheless post a bond or post other adequate security with a court of competent jurisdiction as may be provided by Georgia’s mechanics’ lien statutes. If Tenant shall be delinquent in paying any charge for which such a mechanics’ lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be bonded or discharged and released of record as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and costs associated therewith, and the amount so paid, together with interest thereon at the rate of ten percent (10%) per annum until repaid, shall be due from Tenant to Landlord as Additional Rent within thirty (30) days of Tenant’s receipt of an invoice therefor.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease (Wells Real Estate Investment Trust Ii Inc)
Liens. Tenant shall not do any act which shall agrees that it will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, renovations, improvements, changes and other work done by Tenant in any way encumber the title of Landlord in and or to the PremisesPremises and further agrees to indemnify and save harmless Landlord and each Mortgagee from and against any and all costs and liabilities incurred by Landlord and each Mortgagee and against any and all construction, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanicmaterialman’s, contractor’s, subcontractorlaborer’s and other statutory or material man’s lien or any lien, encumbrance or charge common law liens arising out of or from such work, or the cost thereof, which may be asserted, claimed or charged against all or any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon part of the Premises or any part thereof or portion thereof. Notwithstanding anything to the income therefrom or any personal property used contrary set forth in connection with this Lease, the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises all or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord Premises shall not be liable subject to any liens of any kind for any improvements or work performed made or to be performed, done by or any materials furnished or to be furnished, at the Premises for instance of Tenant, whether or not the same shall be made or done with the permission or by agreement between Tenant upon creditand Landlord, and that no mechanicthis Lease expressly prohibits any construction, materialman’s, laborer’s or other lien statutory or common law liens for such improvements or work made or materials shall attach to done by or affect at the estate instance of Tenant, or interest of Landlord in and to concerning which Tenant is responsible for payment under the Premises, unless specifically ordered by Landlord in writingterms hereof or otherwise. Tenant shall have no power hereby agrees to do any act put all persons dealing with or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, contracting with Tenant or any other contractor of Tenant on notice and all persons dealing with or contracting with Tenant or any contractor of Tenant are hereby put on notice of these provisions. In the event any notice, claim or lien shall be asserted or recorded against the interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof, on the account of or extending from any improvement or work made or done by or at the instance of Tenant, or any person claiming by, through or under Tenant, or from any improvement or work the cost of which is the responsibility of Tenant, then Tenant agrees to have such notice, claim or lien canceled, discharged, released or transferred to other security in accordance with applicable Florida Statutes within ten (10) days after notice from Landlord to Tenant, and failure to do so shall be an Event of Default. Tenant agrees to join Landlord in the execution of a short form lease to be recorded in the Public Records of County in which the Premises is located for the purpose of giving constructive notice of the provisions of this paragraph. Such short form lease shall authorize and permit Landlord to record a termination thereof, without the joinder thereof by Tenant, for the sole and limited purpose of terminating the short form lease, of record, but such termination shall not terminate this Lease or affect or modify the provisions hereof.
Appears in 2 contracts
Samples: Lease Agreement (Iradimed Corp), Lease Agreement (Iradimed Corp)
Liens. Tenant shall not do any act which shall To the extent permitted by applicable state law, Contractor agrees that no mechanic’s liens or other claim or claims in any way encumber the title nature of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s a lien or charge shall be filed or maintained by Contractor or by a lien or claimant claiming through Contractor, against the real estate owned by or leased by or licensed to or otherwise used or occupied by AT&T, or against any lienmoney due to or coming due from AT&T for materials, encumbrance labor, services or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used equipment in connection with the operation of the PremisesService(s), and Tenant that such right to file any such lien, claim or charge is hereby waived expressly. Contractor shall not suffer serve or file any notice or document, or take any other matter action, which would be a prerequisite for filing a lien claim. Contractor shall insert the following language in any of its contracts or thing whereby the estatepermitted subcontracts with parties furnishing labor, rights and interest of Landlord materials, services or equipment. “Subcontractor agrees that no mechanic’s liens or other claim or claims in the Premises nature of a lien or charge for materials, labor, services or equipment in connection with the Service(s) shall be filed or maintained by Subcontractor or by any part thereof might be impaired. If Tenant shall fail lien or claimant claiming through Subcontractor against real estate owned by or leased by or licensed to cause or otherwise used or occupied by AT&T or against money due to or coming due from AT&T to the general contractor and that any such right to file such lien, claim or charge is expressly waived.” If any lien to be discharged of record, then Landlord, after thirty or encumbrance is filed and Contractor does not remove the lien within fifteen (3015) days notice of its intention to do sowritten notification by AT&T, shall AT&T will have the right, but not the obligation, in addition to any other right pay such sums or remedy, take such actions as necessary to discharge such have the lien either by paying the amount claimed to be due removed or by procuring the discharge of such lien by deposit or bonding proceedingsdischarged, and in any such event Landlord Contractor shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor indemnify, defend and to pay the amount of judgment in favor of the lien owner with interestsave AT&T harmless from and against all resulting loss and expense, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees. Appendix L (“Contractor’s Receipt of Payment, Release and Waiver of Lien”) incurred by Landlord shall be i) submitted to AT&T as part of the Turnover Package described in connection therewith Section “Invoicing Milestones and Progress Payments” and ii) shall constitute Additional Rent payable by Tenant under this Leaseshow that if AT&T pays the final invoice amount, due from Tenant to Landlord at then the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or amount remaining to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials paid shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofequal $0.
Appears in 2 contracts
Samples: Turf Program Agreement (Goodman Networks Inc), Turf Program Agreement (Goodman Networks Inc)
Liens. Tenant shall give Landlord at least ten (10) days prior written notice (or such additional time as may be necessary under applicable laws) of the commencement of any Tenant's Work, to afford Landlord the opportunity to post and record notices of non-responsibility. Tenant will not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create cause or permit any mechanic's, materialman's or similar liens or encumbrances to be createdfiled or exist against the Premises or the Building or Tenant's interest in this Lease in connection with work done under this Article or in connection with any other work and Tenant agrees to defend, indemnify and shall promptly discharge, hold harmless Landlord from and against any such lien (includingor claim or action thereon, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out together with costs of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used suit and reasonable attorneys' fees incurred by Landlord in connection with the operation of the Premises, and any such claim or action. Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause remove any such lien to be discharged of record, then Landlord, after or encumbrance within thirty (30) days notice from the date of its intention their existence. If Tenant fails to do so, Landlord may, without being responsible to investigate the validity or lawfulness of the lien, pay the amount or take such other action as Landlord deems necessary to remove any such lien or encumbrance or require that Tenant deposit with Landlord in cash and lawful money of the United States, one hundred fifty percent (150%) of the amount of such claim, which sum may be retained by Landlord until such claim shall have been removed of record or until judgment shall have been rendered on such claim and such judgment shall have become final, at which time Landlord, shall have the right, but not the obligation, right to apply such deposit in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien the judgment on said claim and any costs, including reasonable attorneys' fees incurred by deposit or bonding proceedingsLandlord, if any, and in any such event shall remit the balance thereof to Tenant. The amounts so paid and costs incurred by Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute deemed Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent Lease and payable in full within ten (3%10) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofdays following written demand therefor.
Appears in 2 contracts
Samples: Lease (Archemix Corp.), Lease (Archemix Corp.)
Liens. Tenant shall not do any act which shall in any way encumber neither permit nor suffer an involuntary lien to be filed or affixed against the Building, the Leased Premises, the fee simple title of Landlord in and to the Premises, nor shall Tenant create Land or permit to be createdany leasehold estate therein or any part thereof, and shall promptly discharge, not voluntarily grant any lien or security interest therein. In the event any such involuntary or voluntary lien, including without limitation, mechanic's lien (includingand tax lien, but not limited tois filed and/or affixed against the Building, any mechanic’s, contractor’s, subcontractor’s or material man’s lien the Leased Premises the fee simple title of the Land or any lienleasehold estate therein, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof thereof, or against any fixtures, equipment, furnishings therein or all types of work and improvements comprising the income therefrom or any personal property used in connection with the operation Interior of the Premises, Leased Premises (which when completed shall constitute a part of the fee estate remainder subject to the terms and provisions of this Lease) and Tenant shall has not suffer any other matter or thing whereby caused the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien same to be released and discharged of record, then Landlord, after thirty record within ten (3010) days after notice of its intention to do sothereof, same shall have the right, but not the obligationconstitute a default hereunder. Upon such default, in addition to any other right or remedyremedies available to Landlord herein, to discharge such lien either by paying the amount claimed to be due or by procuring the Landlord may release and discharge of such lien by deposit or bonding proceedingslien, and in any such event Tenant shall repay to Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute immediately upon demand as Additional Rent payable hereunder all such sums disbursed or deposited by Tenant Landlord. Nothing contained herein, however, shall imply any consent or agreement on the part of Landlord or anyone holding under this Lease, due from Tenant Landlord to Landlord at the next rent day after subject Landlord's interest to liability under any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s 's or other lien for law, regardless of whether the performance or the furnishing of such work work, labor, services or materials shall attach to Tenant or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. anyone holding under Tenant shall have no power been consented to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of by Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Office/Surgical Care Center Lease Agreement (Dynacq International Inc), Hospital Lease Agreement (Dynacq International Inc)
Liens. Tenant To the extent required under the Credit Agreement, the Mortgagor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Mortgaged Property, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor, without expense to the Mortgagee. The Mortgagor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdo, nor shall Tenant create or permit to be createddone, anything that may in anyway impair the value of the Mortgaged Property, or weaken, diminish, or impair the security of this Mortgage. Should any fixture be installed to the Mortgaged Property from or after the date hereof, the lien of this Mortgage shall immediately attach to said fixture and shall be prior and superior to all other liens or claims. The Mortgagor will promptly perfolin and observe, or cause to be performed or observed, all of the terms, covenants, and shall promptly dischargeconditions of all Permitted Encumbrances, any such lien (includingas set forth in Exhibit B attached hereto, but not limited tothe GP:3764046 v1 4 noncompliance with which may affect the security of this Mortgage, any mechanic’s, contractor’s, subcontractor’s or material man’s lien may impose duty or obligation upon the Mortgagor or any lien, encumbrance sublessee or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation occupant of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements Mortgaged Property or any part thereof, and the Mortgagor shall do or cause to be done all things necessary to preserve intact and unimpaired all easements, appurtenances, and other interests and rights in favor of or constituting any portion of the Mortgaged Property.
Appears in 2 contracts
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Financing Statement, Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Financing Statement (Highwater Ethanol LLC)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in pay when due all costs for work performed and materials supplied to the Premises. Tenant shall keep Landlord, nor the Premises and the Building free from all liens, stop notices and violation notices relating to the work performed, materials furnished or obligations incurred by or for Tenant and Tenant shall Tenant create or permit to be createdprotect, indemnify, hold harmless and shall promptly dischargedefend Landlord, the Premises and the Building of and from any such lien (includingand all loss, but not limited tocost, any mechanic’sdamage, contractor’sliability and expense, subcontractor’s or material man’s lien or any lienincluding attorney's fees and costs, encumbrance or charge arising out of or related to any agreement (expressed such liens or implied)notices. During the progress of such work, chattel mortgageTenant shall, security agreementupon Landlord's request, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection furnish Landlord with the operation of the Premises, sworn contractor's statements and lien waivers covering all work theretofore performed. Tenant shall not suffer satisfy or otherwise discharge all liens, stop notices or other claims or encumbrances within twenty (20) days after Tenant obtains knowledge that any other matter such lien, stop notice, claim or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedencumbrance has been filed. If Tenant shall fail fails to cause any pay and remove such lien lien, claim or encumbrance within such twenty (20) days, or Tenant fails to be discharged of recorddiligently pursue, then discharge or satisfy said lien, stop notice, claim or encumbrance, Landlord, after thirty (30) days notice of at its intention to do soelection, shall have may pay and satisfy the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, same and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount sums so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such paymentLandlord, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofas set forth in Section 3(e) hereof for amounts owed Landlord by Tenant, shall be deemed additional rent due and payable by Tenant at once without notice or demand. This Lease shall constitute notice that Notwithstanding the foregoing, if Tenant is contesting any mechanics lien and provides to Landlord shall not be liable for any work performed or a bond reasonably satisfactory to be performedLandlord and sufficient to remove the lien of record under California law, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power right to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of pay such lien after said bond has been provided to Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Office Lease (Xoom Inc), Office Lease (NBC Internet Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to keep the Premises, nor shall Tenant create or permit to be created, the Building and shall promptly discharge, appurtenant land and Tenant's leasehold interest in the Premises free from any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge liens arising out of any agreement (expressed services, work or implied)materials performed, chattel mortgagefurnished, security agreementor contracted for by Tenant, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) obligations incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofTenant. This Lease shall constitute notice Notice is hereby given that Landlord shall not be liable for any work performed or to be performedperformed on the Premises, or for any materials furnished or to be furnishedfurnished at or to the Premises, at the Premises or any building or improvements thereon, for Tenant upon creditor any subtenant, and that no mechanic’s 's or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to Landlord. This Lease specifically prohibits the subjecting of the Premises, unless specifically ordered or any part of it, to any liens for improvements Tenant makes or causes to be made or for which Tenant is directly or indirectly responsible for payment. Pursuant to Section 713.10, Florida Statutes, all persons dealing with Tenant are hereby given notice of this provision, and Tenant hereby covenants and agrees to provide all persons dealing with Tenant with a copy of this Section 8. If, in connection with any work being performed by Landlord Tenant or any subtenant or in writing. connection with any materials being furnished to Tenant shall have no power to do or any act or make subtenant, any contract that may create or be the foundation for any lien, mortgage mechanic's lien or other encumbrance upon lien or charge shall be filed or made against the estate of Landlord, Premises or any other interest of Landlord in the Premises, the Building building or the other Improvements improvements thereon or any part thereof, or if any such lien or charge shall be filed or made against Landlord as owner, then Tenant, at Tenant's cost and expense, within thirty (30) days after such lien or charge shall have been filed or made (but in any event prior to foreclosure), shall cause the same to be cancelled and discharged of record by payment thereof or filing a bond or otherwise, and shall also defend any action, suit or proceeding which may be brought for the enforcement of such lien or charge, and shall pay any damages, costs and expenses, including attorneys' fees, suffered or incurred therein by Landlord, and shall satisfy and discharge any judgment entered therein within thirty (30) days from the entering of such judgment by payment thereof or filing of a bond, or otherwise. In the event of the failure of Tenant to discharge within the above-mentioned thirty (30)-day period, any lien, charge or judgment herein required to be paid or discharged by Tenant, Landlord may pay such items or discharge such liability by payment or bond or both, and Tenant will repay to Landlord, upon demand, any and all amounts paid by Landlord therefor, or by reason of any liability on any such bond, and also any and all incidental expenses, including attorneys' fees and costs, incurred by Landlord in connection therewith.
Appears in 1 contract
Liens. Tenant Lessee shall not do permit no lien or claim for lien of any act which shall in mechanic, laborer or supplier or any way encumber other lien to be filed against the title of Landlord in and to Building, the Land, the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof arising out of work performed, or alleged to have been performed by, or at the income therefrom direction of, or any personal property used in connection with the operation on behalf of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedLessee. If Tenant shall fail to cause any such lien to be discharged of recordor claim for lien is filed, then Landlord, after thirty (30) days notice of its intention to do so, Lessee immediately either shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either or claim for lien released of record or shall deliver to Lessor a bond in form, content, amount, and issued by paying a surety satisfactory to Lessor indemnifying Lessor and others designated by Lessor against all cost and liabilities resulting from such lien or claim for lien and the foreclosure or attempted foreclosure thereof, or escrow, with Lessor's designated title insurer, an amount claimed determined by such insurer, as necessary to endorse over such lien with the power in Lessor to settle and pay same within the limits of the principal, and accrued interest, held in such escrow (provided investment fees and risk of loss shall be due upon Lessee). If Lessee fails to have such lien or by procuring claim for lien so released or to deliver such bond to Lessor or establish such escrow, Lessor, without investigating the discharge validity of such lien by deposit lien, may (but as between Lessor and Lessee shall have no obligation to) pay or bonding proceedingsdischarge the same as claimed, and in any such event Landlord Lessee shall be entitled if it so elects to compel reimburse Lessor upon demand for the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord Lessor, together with Lessor's expenses and all costs attorneys' fees; and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant the failure of Lessor to Landlord at compromise or settle the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable lien for any work performed or amount other than as claimed shall be no defense to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofLessees reimbursement obligations hereunder.
Appears in 1 contract
Samples: Office Lease (Metal Management Inc)
Liens. Tenant shall not do any act which shall in any way encumber agrees that it will make full and prompt payment of all sums necessary to pay for the title cost of Landlord in and repairs, alterations, improvements, changes or other work done by Tenant to the Premises, nor shall Tenant create or permit Premises and further agrees to be createdindemnify and hold harmless Landlord from and against any and all such costs and liabilities incurred by Tenant, and shall promptly dischargeagainst any and all mechanic's, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s materialman's or material man’s lien or any lien, encumbrance or charge laborer's liens arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof from such work or the income therefrom cost thereof which may be asserted, claimed or any personal property used in connection with the operation of charged against the Premises. Notwithstanding anything to the contrary in this Lease, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable subject to liens for any work performed improvements made by or to for Tenant, whether or not the same shall be performed, made or any materials furnished or to be furnished, at the Premises for Tenant upon creditdone in accordance with an agreement between Landlord and Tenant, and it is specifically understood and agreed that in no mechanic’s event shall Landlord or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the PremisesPremises be liable for or subjected to any mechanic's, materialman's or laborer's liens for improvements or work made by or for Tenant; and this Lease specifically prohibits the Building subjecting of Landlord's interest in the Premises to any mechanic's, materialman's, or laborer's liens for improvements made by Tenant or for which Tenant is responsible for payment under the other Improvements terms of this Agreement. In the event any notice or claim of lien shall be asserted of record against the interest of Landlord in the Premises on account of or growing out of any improvement or work done by or for Tenant, or any part thereofperson claiming by, through or under Tenant, or for improvements or work the cost of which is the responsibility of Ten ant, Tenant agrees to have such notice or claim of lien canceled and discharged of record as a claim against the interest of Landlord in the Premises (either by payment and satisfaction or by removal by transfer to bond or deposit as permitted by law) within ten (10) days after notice to Tenant by Landlord, and in the event Tenant shall fail to do so Tenant shall be considered in default under this Lease. Any fees and costs incurred by Landlord resulting from a lien as described in this Article shall be paid by Tenant, including reasonable attorneys' fees. At Landlord's request, at or subsequent to execution of this Lease Agreement, Landlord and Tenant shall execute a memorandum of this Lease in conjunction herewith, which memorandum Landlord may record among the Public Records of the county in which the Premises is located, setting forth certain provisions of this Lease.
Appears in 1 contract
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and Notwithstanding anything to the Premisescontrary herein, nor in no event shall Tenant have any right (express or implied) to create or permit there to be createdestablished any lien or encumbrance of any nature against the Tenant Space, and shall promptly dischargethe Building or the Property or against Landlord's or Tenant's interest therein or hereunder, any such lien (including, but not limited towithout limitation, for any mechanic’s, contractor’s, subcontractor’s improvement or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesimprovements by Tenant, and Tenant shall not suffer fully pay the cost of any other matter improvement or thing whereby improvements made or contracted for by Tenant. Tenant shall require each contractor which it engages to perform any improvements or alterations within the estate, rights and interest of Landlord Tenant Space or elsewhere in the Premises Building or the Property, to acknowledge and agree in writing that it is performing its work under its agreement with Tenant solely for the benefit of Tenant and that Tenant is not acting as Landlord's agent. Any mechanic's lien filed against the Tenant Space, the Building or the Property, or any part thereof might portion of any of the above, for work claimed to have been done, or materials claimed to have been furnished to Tenant, shall be impaired. If duly discharged by Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days notice after the filing of its intention to do sothe lien. Notwithstanding the foregoing, Tenant shall have the right, but not the obligationin good faith and at its own expense, in addition to contest or protest any claim relating to any other right such mechanic's lien. If any such mechanic's lien is filed against the Tenant Space, Tenant shall, within [*****] after the filing of such lien, bond over such lien. In the event of any contest or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge protest of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel Tenant within [*****] after the prosecution of an action for foreclosure filing of such lien by together with the lienor and to pay the amount timely bonding over of judgment in favor of the lien owner with interestsuch lien, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed pay the claimant or to be performed, or any materials furnished or to be furnished, at discharge the Premises for Tenant upon creditlien on Tenant's account, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power right to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate seek reimbursement of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofsuch payments if it does.
Appears in 1 contract
