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 Holdings LLC), Lease Agreement (Hewitt Associates Inc)
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: Consent to Sublease Agreement (Intuit Inc), Sublease Agreement (Mp3 Com Inc), Lease Amendment (Multilink Technology Corp)
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. (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 (Entropic Communications Inc), Standard Office Lease (Nexsan Corp)
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 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), Agreement for Purchase and Sale of Real Property (Cracker Barrel Old Country Store, 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 Trustor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisescause, nor shall Tenant create incur suffer or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s exist or material man’s lien or become effective any lien, encumbrance or charge arising out upon all or any part of the Property, the Improvements or any agreement interest therein other than (expressed or implieda) easements, rights of way, covenants, conditions, restrictions, liens and other title limitations approved in writing by Beneficiary prior to the execution of this Deed of Trust, and (b) immaterial easements and rights of way which are required by governmental authorities as a condition to the use and operation of the Improvements which are approved in writing by Beneficiary after the execution of this Deed of Trust (the “Permitted Encumbrances”). Trustor shall pay and promptly discharge, chattel mortgageat Trustor’s cost and expense, security agreementall liens, financing statement or otherwise) encumbrances and charges upon the Premises Security, or any part thereof or interest therein other than the income therefrom Permitted Encumbrances; provided, that the existence of any mechanic’s, laborer’s, materialman’s, supplier’s or vendor’s lien or right thereto shall not constitute a violation of this Section if payment is not yet due under the contract which is the foundation thereof. Trustor shall have the right to contest in good faith the validity of any personal property used in connection such lien, encumbrance or charge, provided Trustor shall first deposit with the operation Beneficiary a bond or other security satisfactory to Beneficiary in such amounts as Beneficiary shall reasonably require, but not more than one hundred fifty percent (150%) of the Premisesamount of the claim or shall post a bond authorized by statute in lieu thereof, and Tenant provided further that Trustor shall not suffer any other matter thereafter diligently proceed to cause such lien, encumbrance or thing whereby the estate, rights charge to be removed and interest of Landlord in the Premises or any part thereof might be impaireddischarged. If Tenant Trustor shall fail to cause remove and discharge any such lien to be discharged of recordlien, then Landlordencumbrance, after thirty (30) days notice of its intention to do soor charge, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Beneficiary, to Beneficiary may, but shall not be obligated to, discharge the same, without inquiring into the validity of such lien lien, encumbrance or charge nor into the existence of any defense or offset thereto, either by paying the amount claimed to be due due, or by procuring the discharge of such lien lien, encumbrance or charge by deposit depositing in court a bond 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 claimed, or otherwise giving security for such claim, in favor of the lien owner with interestsuch manner as is or may be prescribed by law. Trustor shall, costs and allowances. Any immediately upon demand therefor by Beneficiary, pay to Beneficiary an amount so paid by Landlord and equal to all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord Beneficiary in connection therewith shall constitute Additional Rent payable with the exercise by Tenant under this Lease, due from Tenant Beneficiary of the foregoing right to Landlord at the next rent day after discharge any such paymentlien, encumbrance or charge, together 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, such expenditure at the Premises for Tenant upon creditAgreed Rate and, and that no mechanic’s or other lien for until paid, such work or materials sums 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 thereofsecured hereby.
Appears in 4 contracts
Samples: Deed of Trust, Assignment of Rents, and Security Agreement, Deed of Trust, Assignment of Rents, and Security Agreement, Deed of Trust
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 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 impaired26.1. 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 Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the reversion, fee interest or other estate of Landlord, Lessor or of any other interest of Landlord Lessor in the Premises, except as approved in writing by Xxxxxx.
26.2. Lessee shall not suffer or permit any liens known to Lessee to stand against the Building Premises, the Improvements thereon, or any part thereof by reason of any work, labor, or services performed for or materials supplied to, or claimed to have been supplied to Lessee. If any such lien shall at any time be filed against the other Premises, the Improvements thereon, or any part thereof, Lessee shall cause the same to be discharged of record within sixty (60) days after notice to Lessee of filing the same, by either payment, deposit or bond, unless such lien shall be contested. If Lessee fails to discharge or contest such lien within such period and such failure shall continue for a period of fifteen (15) days after notice by Lessor, then, in addition to any other right or remedy of Lessor, Lessor may, but shall not be obligated to, procure the discharge of the same either by paying the amount claimed to be due, by deposit in court, or by bonding. All amounts paid or deposited by Lessor for any of the aforesaid purposes, and all other expenses of Lessor and all necessary disbursements in connection therewith in defending any such action or in procuring the discharge of such lien, shall become due and payable forthwith by Lessee to Lessor upon written demand therefor.
26.3. 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, firm or corporation, for the performance of any labor or the furnishing of any materials on or to the Premises or any part thereof, 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 that might in any way give rise to the right to file any lien against Xxxxxx's interest in the Premises.
Appears in 3 contracts
Samples: Agricultural Lease/Permit, Agricultural Lease/Permit, Agricultural Lease/Permit
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 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 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 (Cabletron Systems Inc), Sublease (Aprisma Management Technologies 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 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 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 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 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 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. 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 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 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 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 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 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. 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 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 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 (Ubid Inc), Sublease Agreement (Creative Computers 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 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. 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 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 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. Tenant shall not do any act which shall in any way encumber Except for work that is the title responsibility of Landlord under this Lease and except as provided in Article 6, Tenant will pay or cause to be paid all costs and charges for work (a) done by Tenant or caused to be done by Tenant, in or to the Premises, nor shall Tenant create and (b) for all materials furnished for 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 such work. Tenant shall not suffer any other matter or thing whereby the estate, rights indemnify 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 defend Landlord, after thirty (30) days notice of its intention to do soNation and Property Manager for, shall have the right, but not the obligation, in addition to from and against 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 mechanics’ and expenses other liens and encumbrances filed by any person claiming through or under Tenant and against all costs, expenses, losses and liabilities (including reasonable attorneys’ fees) incurred by Landlord Landlord, Nation or Property Manager in connection therewith with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall constitute Additional Rent payable by procure the discharge of record of all such liens and encumbrances within fifteen (15) days after filing thereof. If Tenant under this Leasefails to pay any charge for which a mechanics’ lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures as may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys’ fees incurred in connection with such lien, will be immediately due from Tenant to Landlord at as Additional Rent in accordance with paragraph 4.04. Nothing contained in this Lease will be deemed the next rent day after consent or agreement of Landlord to subject Landlord’s interest in the Riverwalk Crossing 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 mechanics’ or other lien for such work law. If Tenant receives oral or materials shall attach written notice that a lien has been or is about to or affect be filed against 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 PremisesPremise, the Building or the other Improvements Riverwalk Crossing or any part action affecting title to the Riverwalk Crossing has been commenced on account of work done by or for or materials furnished to or for Tenant, it will immediately disclose to Landlord such oral notice of impending lien or action affecting title and immediately upon receipt give Landlord a copy of any written notice thereof. Tenant’s obligations under this Article 9 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (GolfSuites 1, Inc.), Lease Agreement (GolfSuites 3, Inc.)
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 (NBC Internet Inc), Office Lease (Xoom 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 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 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 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 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. (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 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 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 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 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 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 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: Lease Agreement (Red Lion Hotels Inc), Contribution Agreement (Red Lion Hotels 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 (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 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 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 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 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 (a) Borrower shall not do create, incur, assume or suffer to exist any act which shall in Lien on any way encumber portion of the title of Landlord in and to the Premises, nor shall Tenant create Collateral or permit any such action to be createdtaken, except for Permitted Encumbrances. Borrower shall not, and shall promptly dischargenot permit Mortgage Borrower or CPLV Tenant to, enter into any PACE Loan without the prior written consent of Administrative Agent.
(b) Borrower shall obtain Administrative Agent’s consent for any Lien for which Mortgage Borrower is required to obtain Mortgage Lender’s consent under any Mortgage Loan Document. Borrower shall not permit or cause Mortgage Borrower to create, incur, assume or suffer to exist any Lien on any portion of the Property or the Collateral or permit any such lien action to be taken, except for Permitted Encumbrances. After prior written notice to Administrative Agent (includingexcept no notice shall be required in the event the amounts subject to contest at any time shall not exceed $1,000,000, but not limited toindividually or in the aggregate), any mechanic’sBorrower, contractor’sat Borrower’s own expense, subcontractormay cause Mortgage Borrower to (or may cause Mortgage Borrower to permit CPLV Tenant, at CPLV Tenant’s cost and expense), contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or material man’s lien validity or any lien, encumbrance application in whole or charge arising out in part of any agreement Lien, provided that any contest by CPLV Tenant shall be conducted in accordance with the CPLV Lease; provided, further, that, with respect to any contest by Borrower or Mortgage Borrower: (expressed i) no Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower or implied)Mortgage Borrower is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all applicable statutes, chattel mortgage, security agreement, financing statement or otherwiselaws and ordinances; (iii) upon neither the Premises or Property nor any part thereof or the income therefrom interest therein will be in danger of being sold, forfeited, terminated, cancelled or any personal property used in connection with the operation of the Premises, and Tenant lost; (iv) Borrower shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part cause Mortgage Borrower to promptly upon final determination 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 any such Lien, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of such contested Lien from the Property; and (vi) Borrower or Mortgage Borrower shall furnish such security as may be required in the proceeding, or in the event the amount of such Lien shall reasonably be expected to exceed $1,000,000, as may be reasonably requested by Administrative Agent, to insure the payment of any such Lien, together with all interest and penalties thereon; provided, no such security shall be required to the extent Mortgage Borrower is required to and does provide such security for the same to Mortgage Lender in accordance with the Mortgage Loan Documents. Administrative Agent may pay over any such cash deposit or part thereof held by Administrative Agent to the claimant entitled thereto at any time when, in the judgment of Administrative Agent, the entitlement of such claimant is established or the Property (or part thereof or interest therein) shall be in favor danger of being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the lien owner with interest, costs and allowances. Any amount so paid Lien of the Mortgage being primed 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 thereofrelated Lien.
Appears in 2 contracts
Samples: Loan Amendment (Vici Properties Inc.), Mezzanine Loan Agreement (Vici Properties 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. 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 (R2 Technology Inc), Sublease Agreement (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 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. 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 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 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 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 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. 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 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 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 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 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 any act which shall in any way encumber keep 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 Premises 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 LANDLORD HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, EXPENSES (expressed or impliedINCLUDING REASONABLE ATTORNEYS' FEE AND COSTS), 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 -------------------------------------------------------------------------------- COMMERCIAL LEASE AGREEMENT 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 16.9. 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 1 contract
Samples: Commercial Lease Agreement (Medstone International Inc/)
Liens. Tenant shall not do any act which shall in any way encumber keep the title of Landlord in Property 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, Premises free from any mechanic’s, contractor’s, subcontractormaterialman’s or material man’s lien similar liens 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 encumbrances filed in connection with any Alteration Work performed by Tenant or by anyone (other than Landlord or any affiliate thereof) performing such Alteration Work on behalf or at the operation request of the PremisesTenant and, and if any such lien or encumbrance shall be filed, Tenant shall not suffer remove any other matter such lien or thing whereby encumbrance or provide title insurance or bond covering such lien or encumbrance in a form reasonably satisfactory to Landlord within ten (10) business days after Tenant’s receipt of notice from Landlord with respect to the estate, rights and interest existence of Landlord in the Premises such lien or any part thereof might be impairedencumbrance. If Tenant shall fail to cause timely remove, or provide such insurance against or bond over, any such lien to be discharged of record, then Landlordor encumbrance, after thirty not fewer than ten (3010) days days’ prior written notice of its intention to Tenant that Landlord is intending 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 may (unless Tenant sooner notifies Landlord that Tenant has satisfied its obligations under this Section) pay the amount of judgment in favor of necessary to remove such lien or encumbrance, without being responsible for investigating the lien owner with interestvalidity thereof, and Tenant shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments and costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred arising out of Tenant’s failure to so remove, insure against or bond over any such liens or encumbrances. The amount paid by Landlord in connection therewith to remove any such lien or encumbrance or otherwise due pursuant to the foregoing indemnity shall constitute be deemed Additional Rent and shall be payable within thirty (30) days after demand, accompanied by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any reasonable evidence of 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 thereofamounts due.
Appears in 1 contract
Samples: Lease Agreement (Exicure, Inc.)
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 shall Tenant create or permit the Premises and the Project free from all liens, stop notices and violation notices relating 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 the Alterations or any lienother work performed for, encumbrance materials furnished to or charge obligations incurred by Tenant and Tenant shall indemnify, defend and hold harmless Landlord, the Premises and the Project of and from any and all loss, cost, damage, liability and expense, including attorneys’ fees, arising out of or related to any agreement such liens or notices. Tenant shall give Landlord not less than seven (expressed 7) business days prior written notice before commencing any Alterations in or implied), chattel mortgage, security agreement, financing statement or otherwise) upon about the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation to permit Landlord to post appropriate notices of the Premises, and non-responsibility. Tenant shall not suffer also secure, prior to commencing any Alterations, at Tenant’s sole expense, a completion and lien indemnity bond satisfactory to Landlord for such work. During the progress of such work, Tenant shall, upon Landlord’s request, furnish Landlord with sworn contractor’s statements and lien waivers covering all work theretofore performed. Tenant shall satisfy or otherwise discharge all liens, stop notices or other matter claims or thing whereby the estateencumbrances within ten (10) days after Landlord notifies Tenant in writing that any such lien, rights and interest of Landlord in the Premises stop notice, claim or any part thereof might be impairedencumbrance has been filed. If Tenant shall fail fails to cause any pay and remove such lien to be discharged of recordlien, then claim or encumbrance within such ten (10) day period, 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 thereof. This Lease at the Interest Rate, shall constitute notice that Landlord shall not be liable for any work performed or deemed to be performed, Additional Rent due and payable by Tenant at once without notice 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 thereofdemand.
Appears in 1 contract
Liens. Tenant Without Lessor's prior written consent, which Lessor may withhold in its sole and absolute discretion, the Lessee shall conduct its operations hereunder in such manner as to avoid the imposition upon the Coal, the Property or any improvements thereto, or the Lessee's leasehold interest therein, of any lien, charge, encumbrance or other claim for borrowed money, labor done or materials furnished whether imposed by KRS 376.140, 376.150 or other applicable statutory, common law or contractual provision or obligation. Lessee shall immediately discharge any such lien, charge, encumbrance or other claim which may be imposed upon the Coal, the Property or other interest therein; provided, however, that Lessee may, if it wishes to contest any such claim in good faith, post a bond in favor of Lessor with good and sufficient surety or provide other security and assurances satisfactory to Lessor in lieu of discharging same. Nothing herein contained shall be construed to constitute Lessor's consent to the performance of labor or the furnishing of materials by any third party under circumstances which could give rise to the imposition of a lien hereunder, and lessee shall not do be authorized or deemed to act as an agent or representative of Lessor for purpose of contracting for any act labor, materials or other improvements required as part of Lessee's operations hereunder. Lessee shall not otherwise pledge, encumber or suffer the creation of any liens, charges or encumbrances, directly or indirectly, voluntary or involuntary, by operation of law or otherwise against the Property, the Coal or its leasehold interest under this Lease without the prior consent, in writing, of Lessor. Nothing contained in this Section shall preclude the Lessee from granting to third parties any security interest in its own equipment and other personalty which may be upon the Property from time to time or from granting a security interest in Lessee's accounts receivable for the Coal sold from the Property; provided, however, that such security interests as may be granted by Lessee shall not take priority over the lien or claim of the Lessor to payment for royalties for Coal actually mined and removed from the Property which shall in any way encumber the title of Landlord in all respects remain a first 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 prior lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon claim hereunder unless 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 Lessor 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 otherwise consent 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 1 contract
Samples: Coal Lease Agreement (International Coal Group, Inc.)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and agrees to pay before delinquency all costs for work, services or materials furnished to Tenant for the Premises, nor shall the nonpayment of which could result in any lien against the Project or Building. Tenant create or permit will keep title to be created, the Project and shall promptly discharge, Building free and clear of any such lien. Tenant will immediately notify Landlord of the filing of any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance pending claims 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 proceedings relating to cause any such lien to be discharged of recordand will protect, then Landlorddefend, after thirty (30) days notice of its intention to do soindemnify and hold Landlord harmless from and against all loss, 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 damages and expenses (including reasonable attorneys’ fees) suffered or incurred by Landlord as a result of such lien, claims and proceedings. Tenant shall, at Landlord’s request, provide Landlord with enforceable, conditional 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. In case any such lien attaches, Tenant agrees to cause it to be immediately released and removed of record (failing which Landlord may do so at Tenant’s sole expense), unless Tenant has a good faith dispute as to such lien in connection therewith which case Tenant may contest such lien by appropriate proceedings so long as Tenant deposits with Landlord a bond or other security in an amount reasonably acceptable to Landlord which may be used by Landlord to release such lien if Tenant’s contest is abandoned or unsuccessful. Upon final determination of any permitted contest, Tenant will immediately pay any judgment rendered and cause the lien to be released. If Tenant fails to cause such lien to be so released or bonded within ten (10) days after filing thereof, such failure shall constitute Additional Rent payable be deemed a material breach by Tenant under this Lease, due and 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 fifteen (15) days after receipt of invoice from Landlord, any sum paid by Landlord to remove such liens, 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 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 1 contract
Samples: Lease Agreement (First California Financial Group, 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, any such lien (including, but not limited to, the Project and all underlying realty and appurtenances free from any mechanic’s, contractor’s, subcontractor’s 's or material man’s lien or materialmen's liens and any lien, encumbrance or charge arising out other liens of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) a similar nature placed upon the Premises or any part thereof realty of the Project by any reason of or the income therefrom or any personal property used in connection with the operation of the Premisesany repairs, and additions, alterations or improvements contracted for or initiated by Tenant. Tenant shall not suffer any other matter or thing whereby the estatebe solely responsible for making payment for such work and discharging liens for such work. Tenant indemnifies Landlord fully with respect to all liability for such liens, rights claims 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 recorddemands, 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 together with interest, costs and allowances. Any amount so paid by Landlord reasonable attorneys fees and all costs and expenses in connection therewith. Landlord shall have the right at all times to post on the Premises notices of nonresponsibility (including reasonable attorneys’ feesand to record verified copies thereof) incurred in order to place contractors and materialmen on notice that Landlord is not to be held financially responsible for such work. Tenant shall, at the request of Landlord, provide Landlord with executed and acknowledged full and unconditional lien releases in recordable form and paid receipts from any general contractor, subcontractor, materialman or other person furnishing labor and/or materials in connection with any work connected with the Premises, as well as any other evidence required by Landlord in connection therewith to demonstrate that there are no liens affecting Landlord or any property of Landlord by reason of such work. Any amount paid by Landlord to discharge or bond around any liens shall constitute Additional Rent be 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 writingdemand. Tenant shall have no power be permitted to do contest the validity of any act such lien, claim or make demand provided Tenant acquires and records a bond in an amount, in a form and from a surety reasonably satisfactory to Landlord and Tenant shall, at its sole cost and expense, defend itself and Landlord with counsel reasonably satisfactory to Landlord. Tenant shall pay and satisfy any contract adverse judgment that may create or be the foundation for rendered prior to any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of action taken to enforce such judgment against Landlord in the Premises, the Building or the other Improvements or any part thereofProject.
Appears in 1 contract
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 forty five (45) 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 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 1 contract
Liens. Tenant shall not pay the costs of any work done on the Premises pursuant to Section 12.1, and shall keep the Premises, Building and Project free and clear of any liens or encumbrances arising out of the work performed, materials furnished or obligations incurred by or on behalf of Tenant, and shall protect, defend, indemnify and hold Landlord harmless from and against any claims, liabilities, judgments or costs (including, without limitation, reasonable attorneys’ fees and costs) arising out of same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any such work on the Premises (or such additional time as may be necessary under Applicable Laws) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility and Landlord shall have the right to enter the Premises and post such notices at any reasonable time. Tenant shall remove any such lien or encumbrance by bond or otherwise within twenty (20) days after notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional rent under this Lease payable within thirty (30) days after written request by Landlord, and shall be without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall in any way encumber the subject Landlord’s title of Landlord in and to the Premises, nor shall Tenant create Building or permit Premises to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s liens or material man’s encumbrances whether claimed by operation of law or express or implied contract. Any claim to a 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 Building or Premises or any part thereof or the income therefrom or any personal property used arising in connection with any such work or respecting the operation of Premises not performed by or at the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest request of Landlord shall be null and void, or at Landlord’s option shall attach only against Tenant’s interest in the Premises or any part thereof might and shall in all respects be impaired. If Tenant shall fail subordinate 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 title to the Project, Building and 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 1 contract
Samples: Office Building Lease (Premiere Global Services, Inc.)
Liens. 19.1. Subject to the immediately succeeding sentence, Tenant shall not do any act which shall in any way encumber keep the title of Landlord in and to the Demised Premises, nor the Building and the Land free from any liens arising out of work performed, materials furnished or obligations incurred by Tenant. Tenant further covenants and agrees that except with respect to Landlord's Work, Landlord's services or Landlord's repair obligations, any mechanic's lien filed against the Demised Premises, the Building or against the Land for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within twenty (20) days after the filing thereof, at the sole cost and expense of Tenant.
19.2. Should Tenant fail to discharge any lien of the nature described in Section 19.1, Landlord may at Landlord's election pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title and the cost thereof shall be immediately due from Tenant create as Additional Rent.
19.3. In no event may Tenant allow any mortgage, deed of trust, financing statement, encumbrance, lease, hypothecation or permit any lien to encumber any of the Tenant Improvements, without Landlord's prior written consent, such consent not to be createdunreasonably withheld, and shall promptly dischargeconditioned or delayed; provided that Tenant provides Landlord evidence satisfactory to Landlord, in Landlord's sole discretion, that any such lien (includingis not applicable to Landlord's interest in the Building, but not limited tothe Land nor to the Tenant Improvements.
19.4. In the event Tenant shall lease or finance the acquisition of office equipment, any mechanic’sfurnishings, 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 other personal property used of a removable nature utilized by Tenant in connection with the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement executed by Tenant will upon its face or by exhibit thereto indicate that such Financing Statement is applicable only to removable personal property of Tenant located within the Demised Premises. In no event shall the address of the Building be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant. Should any holder of a Financing Statement executed by Tenant record or place of record a Financing Statement which appears to constitute a lien against any interest of Landlord or against equipment which may be located other than within the Demised Premises, and Tenant shall within ten (10) days after filing such Financing Statement (i) cause a copy of the Security Agreement or other documents to which Financing Statement pertains to be furnished to Landlord to facilitate Landlord's being in a position to show such lien is not suffer applicable to Landlord's interest nor to any other matter or thing whereby of the estateTenant Improvements, rights and (ii) cause Tenant's lender to amend any documents of record so as to clarify that such lien is not applicable to any interest of Landlord in the Premises or Building, the Land nor any part thereof might be impairedinterest of Tenant in any of the Tenant Improvements.
19.5. If Tenant Landlord shall fail to cause any such subordinate its landlord's 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 encumbrance which is expressly permitted 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 19.4.
Appears in 1 contract
Liens. Tenant Lessee shall not do indemnify and hold Lessor harmless from any act which shall in mechanic's, materialmen's or other liens filed against all or any way encumber the title part of Landlord in and to the Premises, nor shall Tenant create 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 construction of the Improvements or other work contracted for or undertaken by Lessee pursuant to this Work Letter. Lessee shall at Lessor's request, provide Lessor with enforceable, conditional and final lien releases (and other evidence reasonably requested by Lessor to demonstrate protection from liens) from all persons furnishing labor and/or materials with respect to the Premises, and Tenant . Lessor 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 nonresponsibility which it deems necessary for protection from such liens. If Tenant shall fail to any such liens are filed, Lessee shall, at its sole cost, promptly cause any such lien to be discharged released of record, then Landlord, after thirty record or bonded so that it no longer affects title to the Project or the Premises. If Lessee fails to cause such lien to be so released or bonded within ten (3010) days after Lessee's receipt of notice thereof, such failure shall be deemed an Event of Default by Lessee under the Lease, and Lessor may, without waiving its rights and remedies based on such default, and without releasing Lessee from any of its intention to do soobligations under the Lease, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge cause such lien either by paying the amount claimed to be due or released by procuring the discharge of such lien by deposit or bonding proceedingsany means it shall deem proper, and including payment 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 satisfaction of the lien owner with interestclaim giving rise to such lien. Lessee shall pay to Lessor within five (5) days after receipt of invoice from Lessor, costs and allowances. Any amount so any 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 LeaseLessor to 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 rate set forth in paragraph 19 of the Lease from the date of such payment thereofby Lessor. 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.43 [SIGNATURE PAGE TO WORK LETTER AGREEMENT]
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Samples: Standard Industrial/Commercial Single Tenant Lease (Combichem 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 mortgage, security agreement, financing statement or otherwise) upon ARISING FROM OR IN CONNECTION WITH ANY SUCH LIENS. In the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and event that Tenant shall not suffer any other matter or thing whereby the estatenot, 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 following notification to Tenant of its intention the imposition of any such lien, cause the same to do sobe released of record by payment or the posting of a bond in amount, form and substance acceptable to Landlord, Landlord shall have have, in addition to all other remedies provided herein and by law, 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. This 10 below. 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.
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Liens. Tenant The Company shall not do create, incur or suffer to exist any act Lien on all or any portion of the Mortgaged Property other than Permitted Liens. The Company shall pay, at or prior to maturity, all obligations secured by or reducible to Liens which shall in any way now or hereafter encumber or appear to 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 Mortgaged Property or any part thereof or the income therefrom interest therein, including, without limitation, all claims for work or any personal property used labor performed, or materials or suppliers furnished, in connection with the operation any work of demolition, alteration, improvement of or construction upon all or any portion of the PremisesMortgaged Property. The Company shall have the right to contest in good faith any such obligation or claim provided such contest shall be prosecuted diligently and in a manner not prejudicial to the Mortgage Noteholders, and Tenant if (a) a judgment adverse to the Company is obtained, such judgment shall not suffer any other matter be fully paid 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 notice after the entry of its intention such judgment or shall be appealed prior to the expiration of the period of time in which an appeal must be filed and (b) a final, non-appealable judgment adverse to the Company is obtained, such judgment shall be fully paid or discharged within thirty (30) days after the entry of such judgment. Upon demand by the Mortgage Noteholders, the Company shall defend, indemnify and hold the Mortgage Noteholders harmless against any such obligation or claim so contested by the Company, and upon demand by the Mortgage Noteholders, the Company shall make suitable provision by payment to the Mortgage Noteholders or by posting a bond or other security reasonably satisfactory to the Mortgage Noteholders for the possibility that the contest will be unsuccessful, including, if the Mortgage Noteholders request, a one-and-one half times bond with respect to mechanics' or materialmen's Liens, if available. Such provision shall be made within fifteen (15) days after demand therefor and, if made by payment of funds to the Mortgage Noteholders, the amount so deposited shall be disbursed in accordance with the resolution of the contest either to the Company or the adverse claimant. If the Company fails to post a suitable bond or other acceptable security as provided, the Mortgage Noteholders 55 may remove or pay such Lien at the Company's expense. Notwithstanding anything in the foregoing to the contrary, if the Lien to be contested is senior to the Lien of the applicable Deed of Trust, the Company shall, within ten (10) days after the Mortgage Noteholders' demand, remove or pay such Lien, and, if the Company shall fail to do so, shall have the right, but not Mortgage Noteholders may do so at 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 proceedingsCompany's expense, and in any such event Landlord amount so advanced by the Mortgage Noteholders shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien secured by the lienor and to pay the amount Deeds 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 thereofTrust.
Appears in 1 contract
Samples: Securities Purchase Agreement (Golden State Vintners 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 created nor to remain undischarged any lien, encumbrance or charge arising out of any agreement (expressed work or implied)claim of any contractor, chattel mortgagemechanic, security agreementlaborer or material supplied by a materialman which might be, financing statement or otherwise) become, a lien or encumbrance or charge upon the Demised Premises or any the Shopping Center of which the Demised Premises is a 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 right and interest of Landlord in the Demised Premises or any in the Shopping Center of which the Demised Premises is a part thereof might be impaired. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant's contractor to work in the Demised Premises shall be filed against the Demised Premises or the Shopping Center of which the Demised Premises is a part, Tenant shall, within thirty (30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit or bond. If Tenant shall fail to cause any such lien or notice of 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 by either by paying the amount amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings, and Landlord shall, in addition to such other remedies as may exist under this Lease by reason of a default by Tenant, be entitled, if Landlord so elects, to defend 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 allowanceslienor. Any amount so money paid by Landlord and all costs and expenses (expenses, including reasonable attorneys’ attorney's fees) , incurred by Landlord in connection therewith therewith, together with ten percent (10%) interest thereon from the respective dates of Landlord's payment or incurring of the cost or expense, shall constitute Additional Rent payable be paid by Tenant under this Lease, due from Tenant to Landlord at on demand. In the next rent day after event Tenant diligently contests any such paymentclaim, 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 Tenant agrees to be performedindemnify, or any materials furnished or to be furnished, at the Premises for Tenant upon creditdefend, and that no mechanic’s hold harmless Landlord from any and all costs, liability and damages, including reasonable attorney's fees resulting therefrom, and, if requested, upon demand, immediately to deposit with Landlord cash or other lien for such work or materials shall attach surety bond in form and with a company satisfactory to or affect the estate or interest of Landlord in and an amount equal 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 amount of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofsuch contested claim.
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Liens. The Tenant covenants and agrees not to permit any construction, mechanic’s, materialmen, or other lien (collectively, “Lien”) to stand against the Premises for work or material furnished to the Tenant. The Tenant agrees to defend, indemnify, and hold harmless the Landlord for any damages, claims or liabilities arising from the breach of this covenant. The Landlord shall not do be liable for any act which labor or materials furnished or to be furnished to the Tenant upon credit, and no Lien for any such labor or material shall in any way encumber attach to or affect the title reversion or other estate or interest of the Landlord in and to the Premises. Whenever any Lien shall have been filed against the Premises based upon any act or interest of the Tenant or of anyone claiming through the Tenant, nor or if any security agreement shall have been filed for or affecting any materials, machinery or fixtures used in the construction, repair or operation thereof or annexed thereto by the Tenant, the Tenant create shall immediately take such action by bonding, deposit or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s payment as will remove the Lien 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 the Tenant shall fail to cause any has not removed such lien to be discharged of record, then Landlord, after Lien or terminated such security agreement within thirty (30) days after notice of to the Tenant, the Landlord may at 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 option pay the amount of judgment in favor of such Lien or security agreement or discharge the lien owner with interest, costs same by deposit and allowances. Any the amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith or deposited, with interest thereof, shall constitute Additional Rent be deemed additional rent payable by the Tenant to the Landlord under this Lease, due from Tenant to Landlord and shall be payable forthwith with interest at the next rent day after any such payment, with interest thereon at Prime plus three rate of twelve percent (312%) 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 creditsuch advance, and that no mechanic’s or other lien for such work or materials shall attach to or affect with the estate or interest of Landlord in and same remedies 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 as in the Premises, case of default in the Building or the other Improvements or any part thereofpayment of Rent as herein provided.
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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 lienother liens (each, encumbrance or charge arising out of any agreement (expressed or implied)a “Lien”) to be filed against the Building, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or Tenant’s leasehold interest therein. Tenant, at its sole expense, or at the expense of Subtenant if such Lien arises as the result of materials or labor furnished for or on behalf of Subtenant, shall cause any part thereof such Lien to be released or shall obtain a surety bond in the income therefrom or minimum amount required by law to discharge any personal property used such Lien in connection accordance with the operation provisions in Article 15 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 impairedOCOM Sublease. If Tenant shall fail fails to cause any such lien Lien to be discharged of record, then Landlord, after so released or bonded within thirty (30) days after Tenant’s receipt of notice of thereof, Landlord, without waiving its intention to do sorights and remedies based on such failure, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge may cause such lien either by paying the amount claimed Lien to be due released by any means Landlord reasonably deems proper, including payment in satisfaction of any claim giving rise to such Lien. Tenant shall pay or by procuring the discharge of such lien by deposit or bonding proceedingsshall cause Subtenant to pay to Landlord as Additional Rent, and in any such event Landlord shall be entitled if it so elects to compel the prosecution within thirty (30) days after Tenant’s receipt 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 interestinvoice from Landlord, costs and allowances. Any amount so any 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 any such Lien, 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 rate prescribed herein from the date of such payment thereofby Landlord until paid by Tenant. This Lease Tenant shall constitute notice have the right to contest any such Lien in good faith provided that Tenant provides reasonable security in connection therewith. Notice is hereby given that Landlord shall not be liable or responsible to persons who furnish materials or labor for any work performed or to be performed, or any materials furnished or to be furnished, at in connection with the Premises for Tenant upon creditor the Building on behalf of Tenant, 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 the right at all reasonable times to do any act post on the Premises 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 and record any part thereofnotices of non-responsibility which it deems necessary for protection from such Liens.
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Liens. Tenant Mortgagor shall not do any act which shall in any way encumber the title of Landlord in pay and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, at Mortgagor's cost and expense, all liens, encumbrances and charges upon the Mortgaged Property or any part thereof or interest therein. Mortgagor shall have the right to contest in good faith the validity of any such lien (includinglien, but not limited toencumbrance or charge, any mechanic’sprovided Mortgagor shall first deposit with Mortgagee a bond other security satisfactory to Mortgagee in such amounts as Mortgagee shall reasonably require, contractor’s, subcontractor’s or material man’s lien or any and provided further that Mortgagor shall thereafter diligently proceed to cause such 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, to be removed 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 impaireddischarged. If Tenant Mortgagor shall fail to cause discharge any such lien to be discharged of recordlien, then Landlordencumbrance or charge, 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 Mortgagee, to Mortgagee may, but shall not be obligated to, discharge such lien the same, either by paying the amount claimed to be due due, or by procuring the discharge of such lien by deposit or bonding proceedings, and depositing in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action court a bond for foreclosure of such lien by the lienor and to pay the amount of judgment claimed or otherwise giving security for such claim, or in favor of the lien owner with interest, costs and allowancessuch manner as is or may be prescribed by law. Any amount so paid by Landlord the Mortgagee shall, at Mortgagee's option, become immediately due 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 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 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 creditDefault Rate, and that no mechanic’s or other lien for such work or materials shall attach to or affect be deemed part of the estate or interest of Landlord in and to the Premises, unless specifically ordered indebtedness secured 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 Mortgage.
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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 authority, express or implied, to do any act or make any contract that may create or be place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the foundation interest of Landlord or Tenant in the Premises, the Building or the Property, or to charge the Rent payable hereunder for any lienclaim in favor of any person dealing with Tenant, mortgage including those who may furnish materials or other encumbrance perform labor for any construction repairs. Tenant shall pay or cause to be paid all sums due and payable by it on account of any labor performed or materials furnished in connection with any work performed by Tenant. Tenant shall discharge of record by payment, bonding or otherwise any lien filed against the Premises, the Building or the Property on account of any labor performed or materials furnished in connection with any work performed by or on behalf of Tenant immediately upon the filing of any claim of lien. Tenant shall indemnify, protect, defend and hold harmless Landlord from and against any and all liability, loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate of Landlordor against the right, or any other title and interest of Landlord in the Premises, the Building or the other Improvements Property or this Lease arising from the act or agreement of Tenant. Tenant agrees to give Landlord immediate notice of the placing of any lien or encumbrance against the Premises, the Building or the Property on account of any labor performed or materials furnished in connection with any work performed by or on behalf of Tenant or any part petition filed to establish the same. Landlord shall have the right, at Landlord’s option, of paying and discharging and dismissing the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and applicable late charge, shall be Additional Rent immediately due and payable by Tenant upon rendition of a xxxx therefor.
Appears in 1 contract
Liens. (a) 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 Project free from liens arising out of any agreement work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall indemnify, defend and hold harmless Landlord and Landlord's Agents from all Liabilities arising out of or in any way relating to any such liens or claims of lien. Tenant shall cause any such liens to be released of record, by payment or posting of a proper bond acceptable to Landlord, within ten (expressed 10) days after the earlier of imposition of the lien or impliedwritten request by Landlord.
(b) Landlord hereby waives any and all rights, title and interest Landlord now has, or hereafter may have, whether statutory or otherwise, to Tenant's inventory, equipment, furnishings, trade fixtures, books and records and personal property, (excluding tenant improvements) paid for by Tenant located at the Premises (singly and/or collectively, the "Collateral"). Landlord acknowledges that Landlord has no lien, chattel right, claim, interest or title in or to the Collateral. Landlord further agrees that Tenant has the right, at its discretion, to mortgage, pledge, hypothecate or grant a security agreement, interest in the Collateral as security for its obligations under any equipment lease or other financing arrangement related to the conduct of Tenant's business at the Premises. Landlord further agrees to execute and deliver within ten (10) business days any UCC filing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used other documentation reasonably acceptable to Landlord in connection with the operation any such lease or financing arrangement, and any real estate consent or waiver forms reasonably acceptable to Landlord submitted by any vendors, equipment lessors, chattel mortgagees, or holders or owners of the PremisesCollateral ("Third Parties") setting forth, and Tenant shall not suffer any other matter or thing whereby the estateinter-alia, rights and interest of that Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordwaives, 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 such party any superior lien, claim, interest or other right therein; provided, however, such documents shall provide assurance that Tenant and such Third Parties shall comply with the lien owner with interest, costs provisions of this Lease. The Collateral shall not become the property of Landlord or a part of the realty no matter how affixed to the Premises 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 may be removed by Tenant under or any equipment lessors at any time and from time to time during the entire term of 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 promptly repair any act damage caused by the removal of such property, whether effected by Tenant 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 thereofequipment lessors.
Appears in 1 contract
Liens. Tenant shall not do keep the Premises and the property in which the Premises are situated 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 work performed, materials furnished or obligations incurred by or on behalf of Tenant. Landlord may require, at Landlord's sole option, that Tenant shall provide to Landlord, xx Xxxxnt's sale cost and expense, a lien and completion bond in an amount equal to one and one- half (expressed 1 1/2) limes the estimated cost of any improvements, additions or implied)alterations in the Premises which the Tenant desires to make, chattel mortgageto insure Landlords against any liability for mechanics' or materialmen's liens and to insure completion of the work. If Tenant desires to contest any claim of lien, it shall within fifteen (15) days after the filing of the lien for record, furnish Landlord with cash security agreementin the amount of the claim of lien, financing statement plus estimated costs and interest, or otherwise) shall furnish Landlord with a bond of a discharge of the lien. Nothing contained herein shall prevent Landlord, at the cost and for the account of Tenant, from obtaining and filing a bond conditioned upon the Premises discharge of such lien, in the event Tenant fails or refuses to furnish the same within said fifteen (15) day period Immediately upon entry of final judgment in any part thereof such action in which Tenant contests any such claim of lien, any pad thereof, and within fifteen (15) days after the filing of any lien for record which Tenant does not contest, Tenant shall fully pay and discharge such judgment or lien, as the income therefrom or any personal property used in connection with the operation of the Premisescase may be, and Tenant shall not suffer reimburse Landlord upon demand for 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 loss, damage and expenses (expense, including reasonable attorneys’ ' fees) incurred , which Landlord may suffer or be put to 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 reason thereof. This Lease Nothing contained herein shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnishedprevent Landlord, at the Premises cost and for Tenant upon creditthe account of Tenant, and that no mechanic’s from satisfying any such judgment 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 as the estate of Landlordcase xxx xe, or any other interest of Landlord in the Premises, event Tenant fails or refuses to satisfy the Building or the other Improvements or any part thereofsame as herein provided.
Appears in 1 contract
Samples: Lease Agreement (FNB Bancorp/Ca/)
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 Any mechanic's 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 or the Building or any part thereof notice which is received by either Landlord or Tenant or filed for work or materials furnished or claimed to be furnished and deriving from Alterations or for materials or work claimed to have been furnished to Tenant or the income therefrom Premises shall be released and discharged of record by Tenant, in either case, within fifteen (15) business days after such filing or any personal property used in connection with the operation of the Premisesreceipt, and Tenant shall not suffer any other matter or thing whereby the estatewhichever is applicable, rights and interest of Landlord in the Premises or any part thereof might be impairedat Tenant's expense. If Tenant shall fail chooses to cause contest such claim or notice or lien, Tenant may do so in place of causing the release and discharge thereof, provided that within said fifteen (l5) business day period, (i) Tenant provides Landlord with a title indemnity or bond or other adequate security covering any such possible lien or claim that may arise from the failure 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 release and discharge such claim, notice or lien; (ii) Tenant contests such claim, notice or lien either in good faith by paying the amount claimed appropriate proceedings that operate to be due or by procuring the discharge of such lien by deposit or bonding proceedings, stay enforcement thereof; and (iii) Tenant promptly pays and discharges any final adverse judgment entered in any such event proceeding. If Tenant has not caused the release or discharge or begun appropriate proceedings to contest such claim, notice or lien, within said fifteen (15) business days, Landlord may, but shall not be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to obligated to, pay the amount of judgment in favor of necessary to remove the lien owner with interestsame without being responsible for making an investigation as to the validity or accuracy thereof, costs and allowances. Any the amount so paid by Landlord and paid, together with all costs and expenses (including including, without limitation, reasonable attorneys’ ' fees) incurred by Landlord in connection therewith therewith, shall constitute be deemed Additional Rent hereunder payable upon demand. Tenant has no power or authority to cause or permit any lien or encumbrance of any kind whatsoever, whether created by Tenant under this Leaseact of Tenant, due from Tenant operation of law or otherwise, 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 be placed upon Landlord's title 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 Project, and any part thereofand all liens and encumbrances created by Tenant shall attach to Tenant's interest only.
Appears in 1 contract
Samples: Lease Agreement (Bionx Implants 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 Landlord, after thirty (30) days notice of its intention to do so, shall have action or proceeding which may be brought for 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 enforcement of such lien by deposit or bonding proceedings, charge; shall satisfy and in discharge any such event Landlord shall be entitled if it so elects to compel judgment entered therein within thirty days from the prosecution of an action for foreclosure entering of such lien judgment by the lienor payment thereof or filing a bond or otherwise; and to on demand shall pay the amount of judgment in favor of the lien owner with interestall damages, costs and allowances. Any amount so paid by Landlord and all costs and expenses (expenses, including reasonable attorneys’ ' fees) , suffered or incurred by Landlord Lessor in connection therewith shall constitute Additional Rent payable by Tenant under therewith. Nothing contained in 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 any consent or request by Lessor, express or implied, for the performance of any work performed labor or to be performed, services or the furnishing of 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 property in respect of 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 Demised Premises or any part thereof, nor as giving Lessee any right, power or authority to 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.
Appears in 1 contract
Samples: Sub Lease (4networld Com Inc)