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 any act which shall in any way encumber the title of Landlord in Grantor warrants, covenants and agrees to the Premises, nor shall Tenant create or permit to be created, pay and shall promptly discharge, any at Grantor's cost and expense, all taxes, assessments and governmental charges levied upon it, its income and assets as and when such lien taxes, assessments and charges are due and payable (including, but not limited towithout limitation, any mechanic’sall Impositions), contractor’s, subcontractor’s as well as all lawful claims for labor materials and supplies or material man’s lien or any otherwise which could become a lien, encumbrance or charge arising out of any agreement (expressed or implied)and all liens, chattel mortgage, security agreement, financing statement or otherwise) encumbrances and charges upon the Premises Trust Property, or any part thereof or interest therein; provided that the income therefrom 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. Notwithstanding the foregoing, Grantor shall not be in default for failure to pay or discharge Impositions or mechanic's or materialman's or similar lien asserted against the Trust Property if, and so long as, (a) Grantor shall have notified Beneficiary of same within seven (7) days of obtaining knowledge thereof; (b) Grantor shall diligently and in good faith contest the same by appropriate legal proceedings which shall operate to prevent the enforcement or collection of the same and the sale of the Trust Property or any personal property used part thereof, to satisfy the same; (c) unless funds are otherwise reserved, Grantor shall furnish to Beneficiary such security as Beneficiary may reasonably request to insure payment of such Impositions and to secure and indemnify Beneficiary against any cost, expense, loss or damage in connection with such contest or postponement of payment; (d) Grantor shall timely upon final determination thereof pay the operation amount of any such Impositions, claim, fine or penalty so determined, together with all costs, interest and penalties which may be payable in connection therewith; (e) the failure to pay the Impositions, or mechanic's or materialman's or similar lien claim does not constitute a default under any other deed of trust, mortgage or security interest covering or affecting any part of the PremisesTrust Property; and (f) notwithstanding the foregoing, Grantor shall immediately upon request of Beneficiary pay (and Tenant if Grantor shall fail so to do, Beneficiary may, but shall not suffer be required to, pay or cause to be discharged or bonded against) any other matter such Impositions, or thing whereby the estateclaim notwithstanding such contest, rights and interest of Landlord if in the Premises reasonable opinion of Beneficiary, the Trust Property 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 therein may be in imminent danger of Landlord in and to the Premisesbeing sold, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act forfeited, foreclosed, terminated, canceled 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 thereoflost.
Appears in 8 contracts
Samples: Discovery Zone Inc, Discovery Zone Inc, Discovery Zone Inc
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. During the Term, Tenant will promptly, but no later than thirty (30) days after the date Tenant first has actual knowledge of the filing thereof, or such shorter period as shall not do any act which shall in any way encumber prevent the title forfeiture of Landlord in and to the Premises, nor shall Tenant create remove and discharge of record, by bond or permit to be created, and shall promptly dischargeotherwise, any such lien (charge, lien, security interest or encumbrance upon any of the Premises, Base Rent and Additional Rent which charge, lien, security interest or encumbrance arises for any reason, including, but not limited to, all liens that arise out of the possession, use, occupancy, construction, repair or rebuilding of the Premises or by reason of labor or materials furnished, or claimed to have been furnished, to Tenant for the Premises, but not including any mechanic’s, contractor’s, subcontractor’s or material man’s lien encumbrances expressly permitted under this Lease or any liencharge, lien security interest or encumbrance or charge arising out created as the result of any agreement (expressed act or omission of Landlord or in connection with any work performed or indebtedness incurred by or on behalf of Landlord. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied), chattel mortgage, security agreement, financing statement by inference or otherwise) upon , to or for the performance of any contractor, laborer, materialman, or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Premises or any part thereof thereof. Notice is hereby given that, during the Term, Landlord will not be liable for any labor, services or the income therefrom materials furnished or any personal property used in connection with the operation of the Premisesto be furnished to Tenant, and Tenant shall not suffer any other matter or thing whereby the estate, rights and to anyone holding an interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right through or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditTenant, and that no mechanic’s mechanics or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises. In the event of the failure of Tenant to discharge any charge, unless specifically ordered lien, security interest or encumbrances as aforesaid, Landlord may discharge such items by Landlord payment or bond or both, and Section 24.4 hereof shall apply. Provided Tenant is diligently contesting any such lien or encumbrance in writing. accordance with applicable law, in lieu of a bond Tenant shall have no power the option to do any act deposit cash with Landlord in an amount sufficient to fully discharge such lien or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of (as reasonably determined by Landlord, the “Lien Deposit”), which Lien Deposit may be used by Landlord to discharge, settle or otherwise satisfy the applicable lien or encumbrance at any time after the commencement of foreclosure proceedings or before forfeiture of the Premises or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.
Appears in 8 contracts
Samples: KAR Holdings, Inc., KAR Holdings, Inc., KAR Holdings, Inc.
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in Mortgagor warrants, covenants and agrees to the Premises, nor shall Tenant create or permit to be created, pay and shall promptly discharge, any at Mortgagor's cost and expense, all taxes, assessments and governmental charges levied upon it, its income and assets as and when such lien taxes, assessments and charges are due and payable (including, but not limited towithout limitation, any mechanic’sall Impositions), contractor’s, subcontractor’s as well as all lawful claims for labor materials and supplies or material man’s lien or any otherwise which could become a lien, encumbrance or charge arising out of any agreement (expressed or implied)and all liens, chattel mortgage, security agreement, financing statement or otherwise) encumbrances and charges upon the Premises Mortgaged Property, or any part thereof or interest therein; provided that the income therefrom 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. Notwithstanding the foregoing, Mortgagor shall not be in default for failure to pay or discharge Impositions or mechanic's or materialman's or similar lien asserted against the Mortgaged Property if, and so long as, (a) Mortgagor shall have notified Mortgagee of same within seven (7) days of obtaining knowledge thereof; (b) Mortgagor shall diligently and in good faith contest the same by appropriate legal proceedings which shall operate to prevent the enforcement or collection of the same and the sale of the Mortgaged Property or any personal property used part thereof, to satisfy the same; (c) unless funds are otherwise reserved, Mortgagor shall furnish to Mortgagee such security as Mortgagee may reasonably request to insure payment of such Impositions and to secure and indemnify Mortgagee against any cost, expense, loss or damage in connection with such contest or postponement of payment,; (d) Mortgagor shall timely upon final determination thereof pay the operation amount of any such Impositions, claim, fine or penalty so determined, together with all costs, interest and penalties which may be payable in connection therewith; (e) the failure to pay the Impositions, or mechanic's or materialman's or similar lien claim does not constitute a default under any other deed of trust, mortgage or security interest covering or affecting any part of the PremisesMortgaged Property; and (f) notwithstanding the foregoing, Mortgagor shall immediately upon request of Mortgagee pay (and Tenant if Mortgagor shall fail so to do, Mortgagee may, but shall not suffer be required to, pay or cause to be discharged or bonded against) any other matter such Impositions, or thing whereby the estateclaim notwithstanding such contest, rights and interest of Landlord if in the Premises reasonable opinion of Mortgagee, the Mortgaged Property 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 therein may be in imminent danger of Landlord in and to the Premisesbeing sold, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act forfeited, foreclosed, terminated, canceled 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 thereoflost.
Appears in 6 contracts
Samples: Operation and Easement Agreement (Discovery Zone Inc), Discovery Zone Inc, Discovery Zone Inc
Liens. Tenant To the fullest extent permitted by applicable law, Supplier waives and releases any and all rights of any type of lien and similar rights for payment for Items or Services, or materials furnished by Supplier which Supplier may have against MBV's premises or property belonging to MBV or its agents. Supplier shall not do any act which shall at all times promptly pay for all services, materials and labor used or furnished by Supplier in any way encumber the title performance of Landlord in this Agreement and to supply of the Premises, nor shall Tenant create or permit to be created, Services and Items and shall promptly dischargeat its expense keep all property belonging to MBV free and clear of any and all liens. If Supplier fails to release and discharge any claim of lien against MBV's premises or property arising out of the Services or Items provided pursuant to this Agreement within five (5) business days after receipt of notice from MBV to remove such claim of lien, MBV may, at its option, discharge the claim of lien. In this event, Supplier shall pay MBV any such and all costs and expenses of MBV in so doing, including reasonable attorneys' fees. Should the above total lien (waiver not be permitted by applicable law, by accepting payment, Supplier agrees to waive and release any and all rights of any type of lien for the portion of work proportional to each and every payment made, including, but not limited to: mechanic’s lien, materialmen’s lien, laborer’s lien and similar rights for payment for services, labor, equipment, or materials furnished by Supplier in performance of the Services and granted by law to persons supplying materials, equipment, services and other things of value to improve or modify land or structures hereon which Supplier may have against MBV’s premises or property belonging to MBV or its agents. Supplier shall indemnify and save harmless MBV and its employees, agents and assigns from and against all laborers', mechanics' or materialmen's liens, or any other lien, claim (including, without limitation, attorneys’ fees), charge, or encumbrance, of whatever kind upon the Services, any mechanic’sproperty of MBV and/or any monies retained by MBV or due or to become due from MBV to Supplier, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed the Services performed by Supplier or implied)by its Suppliers or its Subcontractors or their Suppliers or subcontractors and/or out of materials, chattel mortgageservices or equipment furnished by Supplier or by its Suppliers, security agreement, financing statement or otherwise) upon the Premises Subcontractors or any part thereof of their respective employees, agents, or the income therefrom Suppliers or any personal property used subcontractors under or in connection with this Contract or 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 mechanicServices and/or MBV’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.property
Appears in 5 contracts
Samples: Master Purchasing Agreement, General Terms and Conditions, General Terms and Conditions
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: Procurement and Construction Agreement, Procurement and Construction Agreement, Procurement and Construction Agreement
Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within ten (10) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics' and materialmen's liens, and Tenant shall give Landlord not less than ten (10) business days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics' or materialmen's liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord's consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics' or any part thereofmaterialmen's liens.
Appears in 5 contracts
Samples: Consent to Sublease Agreement (Intuit Inc), Lease (Access Integrated Technologies Inc), Lease (Geocities)
Liens. Tenant shall not do In the event that any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create lien is recorded or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon filed against the Premises as a result of work performed or any part thereof materials furnished at the request of or the income therefrom or any personal property used in connection with the operation on behalf of the PremisesTenant, and Tenant shall not suffer any other matter or thing whereby the estateshall, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after within thirty (30) days notice after learning of its intention to do sosuch filing, shall have cause the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed same to be due released and discharged of record. Should Tenant contest any such claim or lien, Tenant may do so only if within such thirty (30) day period, Tenant causes the lien to be released and discharged of record by procuring the discharge posting of adequate security with a court of competent jurisdiction and obtaining a court order releasing the lien, as may then be provided by North Carolina’s mechanic lien statutes. Tenant shall defend on behalf of Landlord, at Tenant’s sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien by deposit lien, liens or bonding proceedingsorders, and in Tenant will pay any such event damages and discharge any judgment entered therein and hold Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestharmless from any loss, costs and allowances. Any amount so paid by Landlord and all costs and expenses (claim or damage resulting therefrom, including reasonable attorneys’ fees) . In the event Tenant fails to cause such lien to be released of record after written request from Landlord, Landlord may, at its option (but shall not be obligated to), pay the amounts claimed, and all amounts so paid, plus all costs and expenses incurred by Landlord in connection therewith (including, without limitation, attorney’s fees or any other legal costs or expenses) together with interest thereon at the rate of twelve percent (12%) per annum, shall constitute Additional Rent be immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingas additional rent. Tenant shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage mortgage, or other encumbrance upon on the fee interest in the Land, the reversion or other estate of Landlord, or that would be prior to any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 4 contracts
Samples: Air Rights Lease Agreement, Air Rights Lease Agreement, Air Rights Lease Agreement
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premiseswill not, nor shall Tenant directly or indirectly, create or permit to be createdcreated or to remain, and shall will promptly discharge, any such lien (including, but not limited toat its expense, any mechanic’s, contractor’s, subcontractorsupplier’s or material manvendor’s lien or any lien, encumbrance or charge on the Premises or any part thereof, other than any of the same arising out by or through Landlord. The existence of any agreement mechanic’s, supplier’s or vendor’s lien, or any right in respect thereof, shall not constitute a violation of this Section 22 if payment is not yet due upon the contract or for the goods or services in respect of which any such lien has arisen or, if Tenant is protesting or challenging such lien in good faith and has, within forty-five (45) days (or such earlier time as reasonably required by Landlord’s Mortgagee after Tenant’s receipt of written notice) after Tenant receives actual notice of such lien, bonded over such lien. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied), chattel mortgageof any contractor, security agreementsubcontractor, financing statement laborer, materialman or otherwise) upon vendor to or for the performance of any labor or services or the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Premises or any part thereof, and any such contractor, subcontractor, laborer, materialman or vendor shall look solely to Tenant and Tenant’s interest in the Premises to secure the payment of any bills for any labor, services, or materials furnished. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditTenant, and that no mechanic’s or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. If Tenant shall have no power to do has not removed any act or make any contract that may create or be the foundation for any lien, mortgage such lien or other encumbrance described above within forty-five (45) days after written notice thereof to Tenant, Landlord may, but shall not be obligated to, pay the amount of such lien or other encumbrance or discharge the same by deposit, and the amount so paid or deposited shall constitute additional Rent and be collectible upon demand with interest at the estate Default Rate. Landlord hereby consents to the granting of Landlorda lien or security interest on the fixtures, furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other of Tenant’s Personal Property installed or placed on the Premises by Tenant in connection with any other interest credit facility that Tenant has or may have during the Term hereof, and Tenant shall give Landlord written notice of Landlord in the Premises, the Building or the other Improvements or any part thereofsuch lien.
Appears in 4 contracts
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Lease Agreement (Cracker Barrel Old Country Store, Inc), Lease Agreement (Cracker Barrel Old Country Store, 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, Office Lease (Tut Systems Inc), Standard Office Lease (Nexsan Corp)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in Grantor warrants, covenants and agrees to the Premises, nor shall Tenant create or permit to be created, pay and shall promptly discharge, any at Grantor's cost and expense, all taxes, assessments and governmental charges levied upon it, its income and assets as and when such lien taxes, assessments and charges are due and payable (including, but not limited towithout limitation, any mechanic’sall Impositions), contractor’s, subcontractor’s as well as all lawful claims for labor materials and supplies or material man’s lien or any otherwise which could become a lien, encumbrance or charge arising out of any agreement (expressed or implied)and all liens, chattel mortgage, security agreement, financing statement or otherwise) encumbrances and charges upon the Premises Trust Property, or any part thereof or interest therein; provided that the income therefrom 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. Notwithstanding the foregoing, Grantor shall not be in default for failure to pay or discharge Impositions or mechanic's or materialman's or similar lien asserted against the Trust Property if, and so long as, (a) Grantor shall have notified Beneficiary of same within seven (7) days of obtaining knowledge thereof; (b) Grantor shall diligently and in good faith contest the same by appropriate legal proceedings which shall operate to prevent the enforcement or collection of the same and the sale of the Trust Property or any personal property used part thereof, to satisfy the same; (c) unless funds are otherwise reserved, Grantor shall furnish to Beneficiary such security as Beneficiary may reasonably request to insure payment of such Impositions and to secure and indemnify Beneficiary against any cost, expense, loss or damage in connection with such contest or postponement of payment,; (d) Grantor shall timely upon final determination thereof pay the operation amount of any such Impositions, claim, fine or penalty so determined, together with all costs, interest and penalties which may be payable in connection therewith; (e) the failure to pay the Impositions, or mechanic's or materialman's or similar lien claim does not constitute a default under any other deed of trust, mortgage or security interest covering or affecting any part of the PremisesTrust Property; and (f) notwithstanding the foregoing, Grantor shall immediately upon request of Beneficiary pay (and Tenant if Grantor shall fail so to do, Beneficiary may, but shall not suffer be required to, pay or cause to be discharged or bonded against) any other matter such Impositions, or thing whereby the estateclaim notwithstanding such contest, rights and interest of Landlord if in the Premises reasonable opinion of Beneficiary, the Trust Property 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 therein may be in imminent danger of Landlord in and to the Premisesbeing sold, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act forfeited, foreclosed, terminated, canceled 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 thereoflost.
Appears in 4 contracts
Samples: Discovery Zone Inc, Discovery Zone Inc, Discovery Zone Inc
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 (ProNAi Therapeutics Inc), Lease (ProNAi Therapeutics Inc), Center Lease (ProNAi Therapeutics Inc)
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 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 The Developer shall not permit any mechanics’ or materialmen’s liens or other liens upon the Premises (provided, however, that the First Mortgage shall be permitted as a lien against the Project and the Developer’s interest in the Ground Lease and the Lease and Management Documents) and shall ensure that the Design Build Contract, the Architect’s agreement, construction contracts and all subcontracts and agreements with material suppliers make it expressly clear that the Developer’s interest in the Project is that of a ground lease tenant. The Owner’s title to the Premises is and always shall be paramount to the Ground Lease, and nothing in this Agreement shall empower the Developer to do any act which that can, shall in any way or may encumber the title of Landlord in Premises with a lien. If (a) a dispute arises under the Design Build Contract and to a lien is filed against 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 otherwiseb) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with such dispute, the operation Owner requests the Developer to withhold a payment due to the Design Builder (or the Architect, contractor, subcontractor or material supplier) under the Design Build Contract, and (c) then, in any such event, the Developer shall, within twenty (20) calendar days of notice of the Premisesfiling of the lien, either discharge or bond over such lien to the satisfaction of the Owner 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 impairedLender. If Tenant the Developer shall fail to cause any so discharge or bond over such lien to be discharged of recordlien, 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 the Owner and without waiving or releasing the Developer’s default in not timely discharging the lien, to the Owner may, but shall not be obligated to, bond over or discharge such lien either by paying the same. Any reasonable 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 paid by the lienor and to pay the amount of judgment in favor Owner for any of the lien owner with interestaforesaid purposes, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including including, without limitation, reasonable attorneys’ fees) incurred fees and expenses, shall be paid by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant the Developer to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from Owner on demand. Notice is hereby given that the date of payment thereof. This Lease shall constitute notice that Landlord Owner shall not be liable to any Person for any work performed labor or to be performed, or any materials furnished or to be furnished, at furnished to the Premises for Tenant upon Developer on credit, and that no mechanicmechanics’ or materialmen’s or other lien for any such work labor or materials shall attach to or affect the reversionary or other estate or interest of Landlord the Owner 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: Predevelopment Services Agreement, Predevelopment Services Agreement, Predevelopment Services Agreement
Liens. Tenant shall not do any act which shall in any way encumber shall, within fifteen (15) business days of written notice of filing, discharge (either by payment or by filing of the title of Landlord in and to the Premisesnecessary bond, nor shall Tenant create insure over, or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, otherwise) any mechanic’s, contractor’s, subcontractormaterialman’s or material man’s other lien or encumbrance against any lien, encumbrance or charge arising portion of the Premises that arises out of any agreement (expressed payment due for, or implied)purported to be due for, chattel mortgageany labor, security agreementservices, financing statement materials, supplies or otherwise) upon the Premises equipment alleged to have been furnished to 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 impairedfor Tenant. If Tenant shall fail to cause any so discharge such lien to or encumbrance (either by payment or by filing of the necessary bond, insure over or otherwise) then, such failure shall be discharged an Event of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationDefault under this Lease and, in addition to any other right or remedyremedy of Landlord, to Landlord may discharge such lien the same (either by paying the amount claimed to be due payment or by procuring filing of the discharge of such lien by deposit necessary bond 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 interestpayment, costs and allowances. Any amount so paid expenses incurred by Landlord and all costs 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, due from Tenant to Landlord at the next rent day after any such payment, be repaid together with interest thereon at Prime plus three percent (3%) per annum the rate set forth in Section 2.3 from the date of payment thereofpayment. This Lease shall constitute notice that Notwithstanding the foregoing or anything to the contrary in this Lease, Tenant may contest any lien (and Landlord shall not be liable discharge such lien at Tenant’s expense for so long as Tenant is diligently pursuing such contest) if (i) such lien is the subject of a bona fide dispute in which Tenant is contesting the amount or validity thereof, (ii) Tenant notifies Landlord in writing of such dispute, (iii) Tenant has or establishes unrestricted cash reserves to in an amount equal to 125% of (x) the amount of Tenant’s obligations being contested plus (y) any work performed additional interest, charge or penalty arising from such contested lien and (iv) such lien is fully bonded by Tenant 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 reasonable satisfaction 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 thereofMortgagee.
Appears in 3 contracts
Samples: Lease Agreement (Ionis Pharmaceuticals Inc), Purchase and Sale Agreement (Ionis Pharmaceuticals Inc), Lease Agreement (Ionis Pharmaceuticals 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 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 shall not do keep the Premises and Project free from any act which liens arising out of any work performed, material furnished or obligations incurred by Tenant. In the event that Tenant shall in any way encumber not, within twenty (20) days after Tenant receives notice of the title imposition 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, or within such earlier period of time as required by 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 impliedMortgagee), chattel mortgage, security agreement, financing statement or otherwise) upon cause 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 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 CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. to be due or released by procuring the discharge of such lien by deposit or bonding proceedingsmeans as it shall deem proper, 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 including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All such sums paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord it in connection therewith shall constitute be considered Additional Rent Charges and shall 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 thereofDefault Rate. 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 or Project, and any other party having an interest therein, from mechanics’ and materialmen’s liens, and Tenant shall give written notice to Landlord at least fifteen (15) days’ prior to commencement of any construction on the other Improvements or any part thereofPremises.
Appears in 3 contracts
Samples: Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, 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, Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. 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 3 contracts
Samples: And Construction Agreement, And Construction Agreement (Powersecure International, Inc.), And Construction Agreement (Powersecure International, Inc.)
Liens. Tenant To the extent required under the Credit Agreement, the Mortgagor shall pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of a lien on the Mortgaged Property, or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general will do or cause to be done everything necessary so that the lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor, without expense to the Mortgagee. The Mortgagor shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesdo, nor shall Tenant create or permit to be createddone, anything that may in anyway impair the value of the Mortgaged Property, or weaken, diminish, or impair the security of this Mortgage. Should any fixture be installed to the Mortgaged Property from or after the date hereof, the lien of this Mortgage shall immediately attach to said fixture and shall be prior and superior to all other liens or claims. The Mortgagor will promptly 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 (Highwater Ethanol LLC), Fixture Financing Statement (Highwater Ethanol LLC), Mortgage, (Highwater Ethanol LLC)
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: Tenant Improvement Agreement (SVMK Inc.), Tenant Improvement Agreement (SVMK Inc.), Sublease (Zuora Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and Subject to the Premises, nor shall Tenant create express provisions hereof with respect to Tenant’s (or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanican Affiliate of Tenant’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out as the case may be) performance 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, Recapture Restoration Work and/or Recapture Related Repairs which has been required 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 authorized by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseaccordance with Section 1.6 or Section 10.1 (“Landlord Authorized Work”), 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 which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, Landlord or of any other interest of Landlord in the Demised Premises or the Property, or upon or in the building or buildings or improvements thereon or hereafter erected or placed thereon, it being agreed that should Tenant cause any improvements, alterations or repairs to be made to the Demised Premises, or material furnished or labor performed therein, or thereon, except for Landlord Authorized Work, neither Landlord nor the Building Demised Premises nor any improvements shall under any circumstances be liable for the payment of any expense incurred or for the other Improvements value of any work done or material furnished to the Demised Premises or any part thereof. Subject to Landlord’s payment obligations for any Landlord Authorized Work, all such improvements, alterations, repairs, materials and labor shall be done at Tenant’s expense and Tenant shall be solely and wholly responsible to contractors, laborers and material men furnishing labor and material to said premises and building or buildings and improvements or any part thereof and all such laborers, material men and contractors are hereby charged with notice that they must look solely and wholly to Tenant and Tenant’s interest in the Demised Premises to secure the payment of any bills for work done and materials furnished. In addition to all other rights and remedies of Landlord, in the event that a mechanic’s lien shall be filed against the Demised Premises or Tenant’s interest therein or against the Property or any applicable Shopping Center or any part thereof as the result of any repairs, fixturing, alterations or other work undertaken by Tenant (subject to Landlord’s payment obligations with respect to Landlord Authorized Work), Tenant shall, within twenty-one (21) days (or such shorter period as may be required pursuant to the terms of any REA) after receiving notice of such lien, discharge such lien either by payment of the indebtedness due or by filing a bond (as provided by statute) or by providing a surety bond for one hundred twenty five percent (120%) of the amount of such lien as security therefor, or a title indemnity from a nationally recognized title insurer. In the event that Tenant shall fail to bond or discharge such lien, or provide such security or title indemnity for such lien, provided, that Landlord has complied with its payment obligations with respect to Landlord Authorized Work, Landlord may, but shall not be obligated to, in addition to all other rights and remedies in this Master Lease, have the right to procure such discharge by filing such bond and Tenant shall pay the cost of such bond to Landlord (together with interest at the Overdue Rate) as Additional Charges upon the first day that Rent shall be due thereafter.
Appears in 3 contracts
Samples: Master Lease (Sears Holdings Corp), Master Lease (Seritage Growth Properties), Master Lease (Seritage Growth Properties)
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 Lessee shall not do directly or indirectly create, incur, assume or suffer to exist any act which shall in Lien on or with respect to any way encumber and all of the Property, title of Landlord in and thereto or any interest therein, to this Lease or the leasehold interest created hereby, or to Rent actually paid to Lessor, or the rentals payable with respect to the Premisessubletting of the Property (up to the amount of such rentals payable to Lessor hereunder), nor except Permitted Liens. Lessee shall Tenant create or permit to be created, and shall promptly discharge, any such lien (includingpromptly, but not limited tolater than sixty (60) days after receipt of notice of the filing thereof, at its own expense, take such action as may be necessary duly to discharge or eliminate or bond in a manner reasonably satisfactory to Lessor any mechanic’ssuch Lien (other than Permitted Liens); provided, contractor’showever, subcontractor’s Lessee may contest such Lien in good faith, upon satisfaction of the conditions contained in Section 8.6, below, and need not discharge or material man’s lien bond such Lien while so doing provided (i) Lessee has a long term unsecured debt rating equal to or above the Trigger Rating; (ii) no action to foreclose the Lien has been brought in any lienjudicial or quasi-judicial action; and (iii) no Lease Event of Default is then continuing. NOTHING CONTAINED IN THIS LEASE SHALL BE CONSTRUED AS CONSTITUTING THE CONSENT OR REQUEST OF LESSOR, encumbrance or charge arising out of any agreement EXPRESS OR IMPLIED, TO OR FOR THE PERFORMANCE BY ANY CONTRACTOR, LABORER, MATERIALMAN, OR VENDOR OF ANY LABOR OR SERVICES OR FOR THE FURNISHING OF ANY MATERIALS FOR ANY CONSTRUCTION, ALTERATION, ADDITION, REPAIR OR DEMOLITION OF OR TO THE PROPERTY OR ANY PART THEREOF, WHICH WOULD RESULT IN ANY LIABILITY OF LESSOR FOR PAYMENT THEREFOR. NOTICE IS HEREBY GIVEN THAT LESSOR WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO ANYONE HOLDING AN INTEREST IN THE PROPERTY OR ANY PART THEREOF THROUGH OR UNDER LESSEE, AND THAT NO MECHANICS OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND TO THE PROPERTY. Notwithstanding the foregoing paragraph, Lessor agrees to reasonably cooperate with Lessee (expressed or impliedwithout exposing its interest in the Property), 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 at no cost 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 remedyLessor, to discharge such lien either by paying allow Lessee to perform alterations on the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and Property 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 accordance 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 8.3.
Appears in 3 contracts
Samples: Lease Agreement (Cost Plus Inc/Ca/), Lease Agreement (Cost Plus Inc/Ca/), Lease Agreement (Cost Plus Inc/Ca/)
Liens. Tenant Borrower shall not do any act which shall in any way encumber the title of Landlord in and to the Premisescreate, nor shall Tenant create incur, assume or permit to exist any Lien on any direct or indirect interest in Borrower or any portion of the Property, except for the Permitted Encumbrances. After prior notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Liens on the Property, provided that (i) no Event of Default has occurred and remains uncured; (ii) such proceeding shall be createdpermitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower shall promptly upon final determination thereof pay the amount of any such Liens, together with all costs, interest and penalties which may be payable in connection therewith; (v) to insure the payment of such Liens, Borrower shall deliver to Lender either (A) cash in an amount equal to one hundred twenty-five percent (125%) of the contested amount or (B) a payment bond in an amount equal to one hundred percent (100%) of the contested amount from a surety acceptable to Lender in its reasonable discretion, (vi) failure to pay such Liens will not subject Lender to any civil or criminal liability, (vii) such contest shall not affect the ownership, use or occupancy of the Property, and shall promptly discharge(viii) Borrower shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (vii) of this Section 4.3. Lender may pay over any such lien cash or other security held by Lender to the claimant entitled thereto at any time when, in the reasonable judgment of Lender, the entitlement of such claimant is established or the Property (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 interest therein) shall be in danger of being sold, forfeited, terminated, cancelled or lost or there shall be any personal property used in connection with the operation danger 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 Lien of the lien owner with interest, costs and allowances. Any amount so paid 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 3 contracts
Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD), Loan Agreement (Medalist Diversified REIT, 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 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 Lessee shall not do directly or indirectly create, incur, assume or suffer to exist any act which shall in Lien on or with respect to any way encumber and all of the Property, title of Landlord in and thereto or any interest therein, to this Lease or the leasehold interest created hereby, or to Rent, title thereto or interest therein, or the rentals payable with respect to the Premisessubletting of the Property, nor except Permitted Liens. Lessee shall Tenant create or permit to be created, and shall promptly discharge, any such lien (includingpromptly, but not limited tolater than sixty (60) days after the filing thereof, at its own expense, take such action as may be necessary duly to discharge or eliminate or bond in a manner reasonably satisfactory to Lessor any mechanic’ssuch Lien (other than Permitted Liens); provided, contractor’showever, subcontractor’s Lessee may contest such Lien in good faith, upon satisfaction of the conditions contained in Section 8.6, below, and need not discharge or material man’s lien bond such Lien while so doing provided (i) Guarantor (or Lessee if there is no Guarantor) has a long term senior unsecured debt rating equal to or above the Trigger Rating, (ii) no action to foreclose the Lien has been brought whether in any lienjudicial proceeding or otherwise, encumbrance or charge arising out and (iii) such Lien does not constitute an Event of any agreement Default by Lessor under its Debt Documents. NOTHING CONTAINED IN THIS LEASE SHALL BE CONSTRUED AS CONSTITUTING THE CONSENT OR REQUEST OF LESSOR, EXPRESS OR IMPLIED, TO OR FOR THE PERFORMANCE BY ANY CONTRACTOR, LABORER, MATERIALMAN, OR VENDOR OF ANY LABOR OR SERVICES OR FOR THE FURNISHING OF ANY MATERIALS FOR ANY CONSTRUCTION, ALTERATION, ADDITION, REPAIR OR DEMOLITION OF OR TO THE PROPERTY OR ANY PART THEREOF, WHICH WOULD RESULT IN ANY LIABILITY OF LESSOR FOR PAYMENT THEREOF. NOTICE IS HEREBY GIVEN THAT LESSOR WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO ANYONE HOLDING AN INTEREST IN THE PROPERTY OR ANY PART THEREOF THROUGH OR UNDER LESSEE, AND THAT NO MECHANICS OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND TO THE PROPERTY. Notwithstanding the foregoing paragraph, Lessor agrees to reasonably cooperate with Lessee (expressed or impliedwithout exposing its interest in the Property), 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 at no cost 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 remedyLessor, to discharge such lien either by paying allow Lessee to perform alterations on 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 thereofProperty.
Appears in 3 contracts
Samples: Lease Agreement (Vistra Energy Corp), Lease Agreement (Vistra Energy Corp), Lease Agreement (Txu Corp /Tx/)
Liens. Tenant shall pay when due all claims for labor, materials and services furnished by or at the request of Tenant. Tenant shall keep the Premises, the Building and the Property free from all liens, security interests (with the exception of security instruments on equipment leased by Tenant) and encumbrances (including, without limitation, all mechanic’s liens and stop notices) created as a result of or arising in connection with any Alterations or any other labor, services or materials provided for or at the request of Tenant or any other act or omission of Tenant or persons claiming through or under Tenant (such liens, security interests and encumbrances singularly and collectively are herein called “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 use materials in connection with the operation of the Premises, and Alterations that are subject to any Liens. Tenant shall not suffer indemnify, protect, defend and hold Landlord harmless from and against: (i) all Liens; (ii) the removal of all Liens and any other matter actions or thing whereby the estateproceedings related thereto; and (iii) all actions, 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 recordclaims, then Landlorddamages, after thirty (30) days notice of its intention to do soliabilities, 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 with the foregoing. If Tenant under this Lease, due from Tenant fails 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 keep the Premises, the Building or and the Property free from Liens then, in addition to all other Improvements or rights and remedies available to Landlord, Landlord may take any part thereofaction necessary to discharge such Liens, including payment to the claimant on whose behalf the Lien was filed. Any sums expended by Landlord (including, without limitation, administrative costs and attorneys’ fees) in connection with any such action shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate. Neither Landlord’s curative action nor the reimbursement of Landlord by Tenant shall cure Tenant’s default in failing to keep the Premises, the Building and the Property free from Liens.
Appears in 2 contracts
Samples: Office Lease (Equillium, Inc.), Office Lease (Equillium, Inc.)
Liens. Tenant The Credit Parties and the Subsidiaries and Affiliates shall not do sell, pledge, assign or transfer to any act which shall in any way encumber the title of Landlord in and to the Premisesother Person, nor shall Tenant create or grant, create, incur, assume, suffer or permit to be createdexist any Lien on all or any portion of the Collateral or the Required Payments, other than Permitted Liens, whether now existing or hereafter transferred hereunder, or any interest therein, and the Credit Parties and the Subsidiaries and Affiliates shall promptly dischargenot sell, pledge, assign or suffer to exist any such lien (includingLien, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any liencircumstance which, encumbrance if adversely determined, would be reasonably likely to give rise to a Lien, on its interest, if any, hereunder or charge arising out under the other Credit Documents. Immediately upon notice to any Credit Party of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises a Lien or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisescircumstance which, and Tenant shall not suffer any if adversely determined would be reasonably likely to give rise to a Lien (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 than in favor of the lien owner with interestAdministrative Agent or created by or through the Administrative Agent), costs on all or any portion of the Collateral or the Required Payments, the Borrowers shall notify the Administrative Agent and allowances. Any amount so paid by Landlord the Borrowers shall further defend the Collateral and all costs the Required Payments against, and expenses will take such other action as is necessary to remove, any Lien or claim on or to the Collateral or the Required Payments (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant other than any Permitted Liens created under this Lease, due from Tenant to Landlord at Agreement and 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 creditCredit Documents), and that no mechanic’s or other lien for such work or materials the Borrowers shall attach to or affect defend the estate or right, title and interest of Landlord the Credit Parties and their Subsidiaries and Affiliates in and to any of the PremisesCollateral and the Required Payments against the claims and demands of all Persons whomsoever. Notwithstanding the foregoing, 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, if a Credit Party or any other interest Subsidiary or Affiliate shall gxxxx x Xxxx on any of Landlord the Collateral or Required Payments in violation of this Section, then it shall be deemed to have simultaneously granted an equal and ratable Lien on any such Collateral or Required Payments in favor of the Premises, Administrative Agent for the Building or ratable benefit of the other Improvements or any part thereofLenders to the extent such Lien has not already been granted to the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (CapLease, Inc.), Credit Agreement (Arbor Realty Trust Inc)
Liens. Tenant Master Lessee shall not do have no authority, express or implied, to create or place a leasehold mortgage or any act which shall other lien or encumbrance of any kind or nature whatsoever upon, or in any way encumber manner to bind, the title interest of Landlord Master Lessor in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Master Lessee, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to the Premises, nor shall Tenant create Master Lessee by this Lease. Master Lessee covenants and agrees that it will pay or permit cause to be createdpaid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Master Lessor harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and shall promptly discharge, any such lien (including, but interest of Master Lessor in the Premises or under the terms of this Lease. Master Lessee will not limited to, permit any mechanic’s, contractor’s, subcontractor’s or material man’s lien or liens or any lien, encumbrance other liens which may be imposed by law affecting Master Lessor’s or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon its mortgagee’s interest in the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of to be placed upon the Premises, and Tenant in case of the filing of any such lien Master Lessee will promptly pay or bond over same. If any such lien shall not suffer remain in force and effect for 20 days after written notice thereof, Master Lessor shall have the right and privilege at Master Lessor’s option of paying and discharging the same or any other matter portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Master Lessee to Master Lessor and shall be repaid to Master Lessor immediately on rendition of a xxxx thereof. Notwithstanding the foregoing, Master Lessee shall have the right to contest any such lien in good faith and with all due diligence so long as any such contest, or thing whereby action taken in connection therewith, protects the estate, rights and interest of Landlord Master Lessor and Master Lessor’s mortgagee in the Premises and Master Lessor and any such mortgagee are, by the expiration of said 20 day period, furnished such protection and indemnification against any loss, cost or any part thereof might be impaired. If Tenant shall fail expense related to cause any such lien and the contest thereof as are reasonably satisfactory to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, Master Lessor and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestmortgagee. Except as otherwise provided herein, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this LeaseMaster Lessor hereby waives any contractual, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s statutory or other Master Lessor’s lien for such work or materials shall attach to or affect the estate or interest of Landlord in on Master Lessee’s furniture, fixtures, supplies, equipment, inventory and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or Master Lessee’s other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofproperty.
Appears in 2 contracts
Samples: Master Lease Agreement (TNP Strategic Retail Trust, Inc.), Master Lease Agreement (TNP Strategic Retail Trust, Inc.)
Liens. Tenant 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 Lessee shall not do keep the Premises and every portion of the Premises free from ‘any act which shall and all mechanics’, material men’s and other liens, and claims thereof, arising out of any work performed, materials furnished or obligations incurred by or for Lessee. Lessor may require, at Lessor’s sole option, that Lessee provide to Lessor at Lessee’s sole cost and expense a payment and performance bond, or its equivalent, in an amount equal to one and one half (1-1/2) times any way encumber the title and all estimated costs of Landlord in and any Alterations to the Premises, nor to insure Lessor against any liability for mechanics’ and material men’s liens and to insure completion of the work. Lessee shall Tenant create indemnify, defend with counsel reasonably acceptable to Lessor and hold Lessor harmless from and against any liens, demands, claims, actions, suits, proceedings, orders, losses, costs, damages, liabilities, penalties, expenses, judgments or permit to be created, and shall promptly discharge, any such lien encumbrances (including, but not limited towithout limitation, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge attorneys’ fees) arising out of any agreement (expressed work or implied), chattel mortgage, security agreement, financing statement services performed or otherwise) upon materials furnished by or at the Premises direction of Lessee or any part thereof or the income therefrom of Lessee’s Agents or any personal property used in connection contractor retained by Lessee with respect to the operation Premises. Lessor shall have the right, at all times, to post and keep posted on the Premises, any notices permitted or required by law, or which Lessor shall deem proper, for the protection of Lessor, the Premises, and Tenant shall not suffer any other matter party having an interest therein, from mechanics’ and material men’s liens, including, without limitation, a notice of non-responsibility. Lessee shall give written notice to Lessor fifteen (15) days prior to employing any laborer or thing whereby contractor to perform services related to, or receiving materials for use upon the estatePremises, rights and interest prior to the commencement of Landlord in any work of improvement on the Premises Premises. Should any claims of lien relating to work performed, materials furnished or obligations incurred by Lessee be filed against, or any action be commenced affecting the Premises, any part of thereof might be impairedand/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 and allowancesPremises from the lien. Any amount so All sums paid by Landlord Lessor pursuant to this Article 12 and all costs and expenses (incurred by it in connection therewith including reasonable attorneys’ fees) incurred fees and costs shall be payable to Lessor by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next Lessee as additional rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofon demand.
Appears in 2 contracts
Samples: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)
Liens. Tenant The Custodian shall not do any act which shall have a lien on a Fund's Assets held by the Custodian (other than Assets held in any way encumber a segregated margin account or otherwise already pledged by the title Fund) in an amount necessary to secure payment of Landlord in fees and expenses for the services rendered to the PremisesFund under this Agreement. If the Custodian advances cash or securities to the Fund for any purpose or in the event that the Custodian or its nominee shall incur or be assessed any taxes, nor shall Tenant create charges, expenses, assessments, claims 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 liabilities in connection with the operation performance of its duties hereunder, except such as may arise from its or its nominee's negligent action, negligent failure to act or willful misconduct, any Assets (other than Assets held in a segregated margin account or otherwise already pledged by the Fund) at any time held by the Custodian for a Fund in the amount thereof shall be security therefor and the Fund hereby grants a security interest therein to the Custodian, provided that the Custodian's security interest in any particular Assets shall terminate at the time the Fund pays the Custodian the amount of the Premises, and Tenant obligation giving rise to such security interest. A Fund shall not suffer promptly reimburse the Custodian for any other matter such advance of cash or thing whereby the estate, rights and interest of Landlord in the Premises securities or any part thereof might be impaired. If Tenant shall such taxes, charges, expenses, assessments, claims or liabilities upon request for payment, but should the Fund fail to cause any such lien to be discharged of recordso reimburse the Custodian, 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 Custodian shall be entitled if it so elects to compel the prosecution of an action for foreclosure dispose of such lien by Assets to the lienor and extent necessary to pay the amount of judgment in favor obtain reimbursement. The Custodian shall be entitled to debit any cash account of the lien owner Fund with interestthe Custodian including, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord without limitation, the Custody Account, 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, advance and any interest on such advance as the Bank deems reasonable. The Custodian shall provide a Fund with interest thereon prompt subsequent notice of any charge against a cash account hereunder and shall give at Prime plus three percent least two (3%2) per annum from business days prior notice of the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s liquidation or other disposition of other Assets subject to lien for such work or materials shall attach to or affect the estate or interest in connection with satisfaction of Landlord in and any amount owing 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 thereofCustodian.
Appears in 2 contracts
Samples: Custody Agreement (Lend Lease Funds), Custody Agreement (Lend Lease Funds)
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 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 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 forfeiture of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest Demised Premises by reason of Landlord in the Premises or any part thereof might be impairednonpayment thereof. 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 On final determination of the lien owner or claim for lien, the Lessee will promptly (within ten (10) days) pay any judgment rendered with interest, all proper costs and allowances. Any amount so paid by Landlord charges and all costs will at its own expense have the lien released 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 thereofjudgment satisfied.
Appears in 2 contracts
Samples: Sample Lease Agreement, Sample Lease Agreement
Liens. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs and/or reconstruction of or to the Leased Premises, Landlord and Tenant shall hereby agree and confirm that (i) Landlord has not do consented and will not consent to the furnishing of any act which shall labor or materials to the Leased Premises that would or may result in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s mechanics' or material man’s lien 's liens attaching to the Building or any lienLandlord's interest in the Leased Premises, encumbrance or charge arising out (ii) Tenant is not the agent of Landlord for the purposes of any such improvements, additions, alterations, repairs and/or reconstruction, and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs and/or reconstruction are or is accomplished, and has made no agreement (expressed to make or implied), chattel mortgage, security agreement, financing statement be responsible for any payment to or otherwise) upon for the Premises benefit of any person furnishing labor and/or materials in connection therewith. No such person furnishing labor and/or materials to or for the account of Tenant shall be entitled to claim any part thereof lien against the Building or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Leased Premises and such person(s) shall look solely to Tenant and the leasehold interest of Tenant under this Lease for satisfaction of any such claims. If, because of any act or omission of Tenant or any person claiming by, through or under Tenant, any mechanic's, material-man's or other lien shall be filed and/or asserted against the Leased Premises or any part thereof might be impaired. If Tenant shall fail to cause any the Building or against other property of Landlord (whether or not such lien is valid or enforceable as such), Tenant shall, at its own expense, cause the same to be discharged of record, then Landlord, after record or bonded over within thirty (30) days notice after the date of its intention filing thereof, and shall also indemnify Landlord and hold it harmless from any and all claims, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, resulting therefrom or by reason thereof. Landlord may, but shall not be obligated to, pay the claim upon which such lien is based so as to do have such lien released of record; and, if Landlord does so, then Tenant shall have the rightpay to Landlord, but not the obligationas additional rent, in addition to any other right or remedyupon demand, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interestsuch claim, costs and allowances. Any amount so paid by Landlord and plus all other costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasetherewith, due from Tenant to Landlord at the next rent day after any such payment, with plus interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofDelinquency Interest Rate until paid. This Lease section shall constitute notice that Landlord shall not be liable for any work performed survive the expiration or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest earlier termination of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofthis Lease.
Appears in 2 contracts
Samples: Lease Agreement (I Trax Inc), Lease Agreement (Symbion Inc/Tn)
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 Lessee shall not do any act which shall in any way encumber the title of Landlord in and to the Premisesact, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that contract, which may create or be the foundation for any lien, mortgage lien or other encumbrance upon any interest of Lessor or any ground or underlying lessor in any portion of the estate Premises. If, because of Landlordany act or omission (or alleged act or omission) of Lessee, any Construction Lien Claim or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Premises (whether or not such Lien, charge, order, or encumbrance is valid or enforceable as such), Lessee shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the filing thereof; and Lessee shall indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to comply with the foregoing provisions, Lessor shall have the option of discharging or bonding any such Lien, charge, order, or encumbrance, and Lessee agrees to reimburse Lessor for all costs, expenses and other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other interest persons now or hereafter contracting with Lessee or any contractor or subcontractor of Landlord in Lessee for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Premises, at any time from the Building or date hereof until the other Improvements or any part thereofend of the Lease Term, are hereby charged with notice that they look exclusively to Lessee to obtain payment for same.
Appears in 2 contracts
Samples: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)
Liens. Tenant 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 Contractor Lien, 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: Procurement and Construction Agreement (Powersecure International, Inc.), Procurement and Construction Agreement (Powersecure International, Inc.)
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 2 contracts
Samples: And Security Agreement, ochcd.org
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 Neither Borrower nor Leasehold Pledgor shall create, incur, assume, permit or suffer to exist any Lien on any portion of the Collateral or any Individual Property, except for the Permitted Encumbrances, nor any Lien on any direct or indirect interest in Borrower, Leasehold Pledgor or any Loan Party, except for Permitted Transfers, if any. Subject to the following, Borrower and Leasehold Pledgor shall promptly discharge any Lien or charge against any of the Collateral or Individual Properties which is not a Permitted Encumbrance nor otherwise expressly permitted hereunder. After prior notice to Lender, Borrower or Leasehold Pledgor, at Owner’s or Operating Lessee’s expense, may cause Owner or Operating Lessee to contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Liens, provided that (i) no Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property nor the Collateral, nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower and Leasehold Pledgor shall cause Owner or Operating Lessee promptly upon final determination thereof to pay the amount of any such Liens, together with all costs, interest and penalties which may be payable in connection therewith; (v) to insure the payment of such Liens exceeding $1,000,000 in the aggregate at any one time, Borrower and Leasehold Pledgor shall cause Owner to deliver to Lender either (A) cash, or other security as may be approved by Lender, in an amount equal to one hundred twenty-five percent (125%) of the contested amount, or (B) a payment and performance bond in an amount equal to one hundred percent (100%) of the contested amount from a surety acceptable to Lender in its reasonable discretion, (vi) failure to pay such Liens will not subject Mortgage Lender or Lender to any civil or criminal liability, (vii) such contest shall not do affect the ownership, use or occupancy of the Collateral or any act which shall Individual Property, and (viii) Borrower and Leasehold Pledgor shall, upon request by Lender, cause Owner or Operating Lessee to give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (vii) of this Section 4.3. Lender may pay over any way encumber the title of Landlord in and such cash or other security held by Lender to the Premisesclaimant entitled thereto at any time when, nor shall Tenant create in the reasonable judgment of Lender, the entitlement of such claimant is established 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 the Collateral or any lien, encumbrance or charge arising out of any agreement Individual Property (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom interest therein) shall be in danger of being sold, forfeited, terminated, cancelled or lost or there shall be any personal property used in connection with the operation danger 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 Lien of the lien owner with interest, costs and allowances. Any amount so paid applicable 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: Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)
Liens. Tenant shall pay when due all claims for labor, materials and services furnished by or at the request of Xxxxxx. Tenant shall keep the Premises, the Building and the Property free from all liens, security interests (with the exception of security instruments on equipment leased by Tenant) and encumbrances (including, without limitation, all mechanic's liens and stop notices) created as a result of or arising in connection with any Alterations or any other labor, services or materials provided for or at the request of Tenant or any other act or omission of Tenant or persons claiming through or under Tenant (such liens, security interests and encumbrances singularly and collectively are herein called "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 use materials in connection with the operation of the Premises, and Alterations that are subject to any Liens. Tenant shall not suffer indemnify, protect, defend and hold Landlord harmless from and against: (i) all Liens; (ii) the removal of all Liens and any other matter actions or thing whereby the estateproceedings related thereto; and (iii) all actions, 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 recordclaims, then Landlorddamages, after thirty (30) days notice of its intention to do soliabilities, 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 with the foregoing. If Tenant under this Lease, due from Tenant fails 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 keep the Premises, the Building or and the Property free from Liens then, in addition to all other Improvements or rights and remedies available to Landlord, Landlord may take any part thereofaction necessary to discharge such Liens, including payment to the claimant on whose behalf the Lien was filed. Any sums expended by Landlord (including, without limitation, administrative costs and attorneys’ fees) in connection with any such action shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate. Neither Xxxxxxxx's curative action nor the reimbursement of Landlord by Tenant shall cure Tenant's default in failing to keep the Premises, the Building and the Property free from Liens.
Appears in 2 contracts
Samples: Office Lease (GRI BIO, Inc.), Office Lease (Vallon Pharmaceuticals, 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: Office Lease, Assignment of Sublease Agreement (Coinstar Inc)
Liens. Tenant shall not do permit any act which shall in mechanic's, materialmen's or other liens to be filed against all or any way encumber part of the title of Landlord in and to Project, the Building or the Premises, nor shall Tenant create against Tenant's leasehold interest in the Premises, by reason of or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation any repairs, alterations, improvements or other work contracted for or undertaken by Tenant or any other act or omission of Tenant or Tenant's agents, employees, contractors, licensees or invitees. Tenant shall, at Landlord's request, provide Landlord with enforceable, conditional and final lien releases (and other reasonable evidence reasonably requested by Landlord to demonstrate protection from liens) from all persons furnishing labor and/or materials with respect to the Premises, and Tenant . Landlord shall not suffer any other matter or thing whereby have the estate, rights and interest of Landlord in right at all reasonable times to post on the Premises or and record any part thereof might be impairednotices of non-responsibility which it deems necessary for protection from such liens. If any such liens are filed, Tenant shall fail to shall, at its sole cost, immediately cause any such lien to be discharged released of recordrecord or bonded so that it no longer affects title to the Project, then the Building or the Premises. If Tenant fails to cause such lien to be so released or bonded within twenty (20) days after filing thereof, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its obligations, cause such lien to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien. Tenant shall pay to Landlord within five (5) days after receipt of invoice from Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so sum paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leaseto remove such liens, due from Tenant to Landlord together with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum Interest Rate from the date of such payment thereofby Landlord. This Lease shall constitute notice Notice is hereby given that Landlord shall not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding the Premises for Tenant upon creditthrough or under Tenant, and that no mechanic’s mechanics' or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Industrial Lease (E Digital Corp), HNC Software Inc/De
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.), Lease Agreement (Versartis, Inc.)
Liens. Without limiting Tenant’s right to conduct any Work (including, without limitation, any TO Separation Work and/or other Alterations) in accordance with (and subject to) the express provisions of this Lease, Tenant shall not do any act which shall in any way encumber the title of Landlord in (and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do to) commit any act or make enter into any contract agreement that may create or be the foundation for any lien, mortgage or other encumbrance upon Landlord’s right, title and interest in and to any Demised Premises or Property, or upon or in the estate Leased Improvements or other buildings or improvements now or hereafter located thereon, it being agreed that if Tenant performs (or causes to be performed) any Work or makes (or causes to be made) any Alterations or repairs with respect to any Demised Premises, or causes any material to be furnished or labor to be performed therein or thereon, then in each case neither Landlord nor such Demised Premises, Property or buildings or improvements shall under any circumstances be liable for the payment of any cost or expense thereof or incurred in connection therewith. Without limiting the requirement for Landlord’s consent thereto to the extent such consent is required under the applicable provisions of this Lease, all such repairs, Alterations and other Work shall be made, and all such materials and labor shall be furnished and performed, at Tenant’s sole cost and expense and Tenant shall be solely and wholly responsible to all applicable contractors, laborers and materialmen furnishing, making and/or performing the same, all of which contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant and Tenant’s interest in the Demised Premises to secure the payment of any bills for any of the foregoing. In addition to all other rights and remedies of Landlord under this Lease, and subject to the provisions of Section 4.2, in the event that any mechanic’s or materialman’s lien shall be filed against all or any portion of any Demised Premises or Tenant’s interest therein or (to the extent the same results from any Tenant’s Acts) any other portion of any Property or any Common Areas or any Shopping Center with respect thereto, then in each case, except to the extent the same results from any act or wrongful failure to act of Landlord or any Landlord Indemnified Party, Tenant shall promptly discharge such lien, whether by payment of the indebtedness due, by filing a bond (as provided by statute) or by providing a surety bond, in each case, for one hundred ten percent (110%) of the amount of such lien as security therefor (each such action, a “Bond”). In the event that Tenant shall fail to Bond any such lien, Landlord may, but shall not be obligated to, in addition to all other rights and remedies of Landlord under this Lease, at law or in equity, Bond such lien on Tenant’s behalf and Tenant shall thereafter immediately pay to Landlord, or any other interest of as Additional Rent, all Costs and Expenses incurred by Landlord in connection therewith (together with interest thereon (or on the Premisesportion not theretofore reimbursed, as applicable) at the Building or the other Improvements or any part thereofDefault Rate until paid by Tenant in full).
Appears in 2 contracts
Samples: Retail Master Lease (Copper Property CTL Pass Through Trust), Retail Master Lease (J C Penney Co Inc)
Liens. Tenant shall not do any act which shall promptly pay all charges for work, materials, supplies and services performed or supplied in any way encumber respect of the title of Landlord in and to the Premises, nor shall Tenant create Premises by 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 on behalf of any agreement (expressed Tenant Party. All work performed, materials furnished, or implied), chattel mortgage, security agreement, financing statement obligations incurred by or otherwise) upon at the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation request of the Premisesa Tenant Party shall be deemed authorized and ordered by Tenant only, and Tenant shall not suffer permit any other matter liens or thing whereby claims for liens to be filed against the estatePremises or the Project in connection therewith. If such a lien is filed, rights and then Tenant shall, within ten business days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, the Project or any interest of Landlord in therein or the Premises imposition of a civil or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordcriminal fine with respect thereto), then Landlord, after thirty either (301) 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 the lien into court and cause the lien to be released of record, or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim (either to the claimant or into court), and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within ten business days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or other similar relationships) and that Tenant is not authorized to act as Landlord’s common law agent or construction agent in favor connection with any work performed in the Premises. Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant, any contractor or subcontractor of Tenant or any other Tenant Party for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the lien owner Premises, at any time from the date hereof until the end of the Term, are hereby charged with interest, costs and allowancesnotice that they look exclusively to Tenant to obtain payment for same. Any amount so paid Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall defend, indemnify and hold harmless Landlord and its agents and representatives from and against all costs claims, demands, causes of action, suits, judgments, damages and expenses (including reasonable actual, out-of-pocket attorneys’ fees) incurred in any way arising from or relating to the failure by Landlord in connection therewith shall constitute Additional Rent payable by any Tenant under this Lease, due from Tenant Party 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 pay for any work performed or to be performed, or any materials furnished or to be furnished, or obligations incurred by or at the Premises for request of a Tenant upon credit, and that no mechanic’s Party. This indemnity provision shall survive termination or other lien for such work or materials shall attach to or affect the estate or interest expiration of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofthis Lease.
Appears in 2 contracts
Samples: Lease Agreement (Ciena Corp), Lease Agreement (Ciena Corp)
Liens. Tenant shall not do any act which shall in any way encumber neither permit nor suffer an involuntary lien to be filed or affixed against the Building, the Leased Premises, the fee simple title of Landlord in and to the Premises, nor shall Tenant create Land or permit to be createdany leasehold estate therein or any part thereof, and shall promptly discharge, not voluntarily grant any lien or security interest therein. In the event any such involuntary or voluntary lien, including without limitation, mechanic's lien (includingand tax lien, but not limited tois filed and/or affixed against the Building, any mechanic’s, contractor’s, subcontractor’s or material man’s lien the Leased Premises the fee simple title of the Land or any lienleasehold estate therein, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof thereof, or against any fixtures, equipment, furnishings therein or all types of work and improvements comprising the income therefrom or any personal property used in connection with the operation Interior of the Premises, Leased Premises (which when completed shall constitute a part of the fee estate remainder subject to the terms and provisions of this Lease) and Tenant shall has not suffer any other matter or thing whereby caused the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien same to be released and discharged of record, then Landlord, after thirty record within ten (3010) days after notice of its intention to do sothereof, same shall have the right, but not the obligationconstitute a default hereunder. Upon such default, in addition to any other right or remedyremedies available to Landlord herein, to discharge such lien either by paying the amount claimed to be due or by procuring the Landlord may release and discharge of such lien by deposit or bonding proceedingslien, and in any such event Tenant shall repay to Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute immediately upon demand as Additional Rent payable hereunder all such sums disbursed or deposited by Tenant Landlord. Nothing contained herein, however, shall imply any consent or agreement on the part of Landlord or anyone holding under this Lease, due from Tenant Landlord to Landlord at the next rent day after subject Landlord's interest to liability under any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s 's or other lien for law, regardless of whether the performance or the furnishing of such work work, labor, services or materials shall attach to Tenant or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. anyone holding under Tenant shall have no power been consented to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of by Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Center Lease Agreement (Dynacq International Inc), Hospital Lease Agreement (Dynacq International 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: Construction Agreement (Xoom Inc), Construction Agreement (NBC Internet Inc)
Liens. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. The Tenant shall have no power to do any act or make any contract that which may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, the Landlord or of any other interest of the Landlord in the Premisesdemised premises, or upon or in the Building building or buildings or improvements thereon or hereafter erected or placed hereon, it being agreed that should the other Improvements Tenant cause any improvements, alterations or repairs to be made to the demised premises, or material furnished or labor performed therein, or thereon, neither the Landlord nor the demised premises nor any improvements shall under any circumstances be liable for the payment of any expenses incurred or for the value of any work done or material furnished to the demised premises or any part thereof; but all such improvements, alterations, repairs, materials and labor shall be done at the Tenant's expense and the Tenant shall be solely and wholly responsible to contractors, laborers and materialmen, furnishing labor and material to said premises and building or buildings and improvements or any part thereof and all such laborers, materialmen and contractors are hereby charged with notice that they must look solely and wholly to the Tenant and the Tenant's interest in the premises, to secure the payment of any bills for work done and materials furnished. In the event a mechanic's lien shall be filed against the demised premises or Tenant's interest therein as the result of the work undertaken by Tenant to ready the demised premises for the opening of Tenant's business or as a result of any repairs or alterations made by Tenant, Tenant shall, within ten (10) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the mechanic's lien claimant or by filing a bond (as provided by statute) as security therefor. In the event Tenant shall fail to discharge such lien, Landlord shall, among its remedies, have the right to procure such discharge by filing such bond and Tenant shall pay the cost of such bond to Landlord as additional rent upon the first day that rent shall be due thereafter.
Appears in 2 contracts
Samples: Lease Agreement (Advanced Photonix Inc), Lease Agreement (Integral Vision Inc)
Liens. Tenant 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: Agreement of Lease (R&r Acquisition Vi, Inc), Agreement of Lease (HealthWarehouse.com, 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: Industrial Lease Agreement, Industrial Lease Agreement (Lifetime Brands, 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 all things necessary to prevent the filing of any act which shall in construction, mechanics’ or other liens or encumbrances against the Building or the Land, or any way encumber the title part thereof, or upon any interest of Landlord in and or any mortgagee of the Land and/or the Building, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant, or anyone holding the Leased Premises, nor shall Tenant create or permit to be createdany part thereof, and shall promptly discharge, through or under Tenant. If any such lien (includingor encumbrance shall at any time be filed against the Leased Premises, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lienportion thereof, encumbrance or charge arising out Tenant shall either cause same to be discharged of record within thirty (30) days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant shall furnish such security as Landlord shall determine to be necessary and/or required to prevent any agreement (expressed or implied)foreclosure proceedings against the Leased Premises, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or portion thereof, during the income therefrom or any personal property used in connection with the operation pendency of the Premisessuch contest, and Tenant shall not suffer any other matter cause the title insurance company or thing whereby companies insuring the estate, rights and interest respective interests in the Leased Premises of Landlord and/or Landlord’s mortgagee(s) in any portion of the Leased Premises or any part thereof might be impairedto remove such lien as a matter affecting title to the Leased Premises. If Tenant shall fail to cause discharge any such lien or encumbrance within such period or fail to be discharged of recordfurnish such security, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord resulting from said default of Tenant, to Landlord may, but shall not be obligated to, discharge such lien the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit giving security or bonding proceedingsin such other manner as is, or may be, prescribed by law, and in any such event Landlord shall be entitled if it so elects to compel the prosecution all costs, expenses, and other sums of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred money spent by Landlord in connection therewith shall constitute Additional Rent payable by an Advance. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant under this Leasefor the furnishing of any labor, due from services, materials, supplies, or equipment with respect to any portion of the Leased Premises, are hereby charged with notice that they must look exclusively to Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of obtain payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writingsame. Tenant shall have no power indemnify and defend Landlord from and against any liability, loss, damage, costs, attorneys’ fees, and any other expense incurred as a result of claims of lien by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant, which indemnity obligation shall survive the expiration or termination of this Lease. Tenant shall give Landlord notice of the intended commencement date at least ten (10) days prior to do the commencement of any act or make any contract that work for which a claim of lien may create or be the foundation for any lien, mortgage or other encumbrance upon the estate filed to enable Landlord to post notices of Landlord, non-responsibility or any other notices which Landlord deems necessary for the proper protection of Landlord’s interest of Landlord in the Premises, Leased Premises and Landlord shall have the Building or right to enter the other Improvements or Leased Premises and post such notices at any part thereofreasonable time.
Appears in 2 contracts
Samples: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)
Liens. Tenant The Credit Parties and the Subsidiaries and Affiliates shall not do sell, pledge, assign or transfer to any act which shall in any way encumber the title of Landlord in and to the Premisesother Person, nor shall Tenant create or grant, create, incur, assume, suffer or permit to be createdexist any Lien on all or any portion of the Collateral or the Required Payments, other than Permitted Liens, whether now existing or hereafter transferred hereunder, or any interest therein, and the Credit Parties and the Subsidiaries and Affiliates shall promptly dischargenot sell, pledge, assign or suffer to exist any such lien (includingLien, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any liencircumstance which, encumbrance if adversely determined, would be reasonably likely to give rise to a Lien, on its interest, if any, hereunder or charge arising out under the other Credit Documents. Immediately upon notice to any Credit Party of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises a Lien or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisescircumstance which, and Tenant shall not suffer any if adversely determined would be reasonably likely to give rise to a Lien (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 than in favor of the lien owner with interestAdministrative Agent or created by or through the Administrative Agent), costs on all or any portion of the Collateral or the Required Payments, the Borrowers shall notify the Administrative Agent and allowances. Any amount so paid by Landlord the Borrowers shall further defend the Collateral and all costs the Required Payments against, and expenses will take such other action as is necessary to remove, any Lien or claim on or to the Collateral or the Required Payments (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant other than any Permitted Liens created under this Lease, due from Tenant to Landlord at Agreement and 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 creditCredit Documents), and that no mechanic’s or other lien for such work or materials the Borrowers shall attach to or affect defend the estate or right, title and interest of Landlord the Credit Parties and their Subsidiaries and Affiliates in and to any of the PremisesCollateral and the Required Payments against the claims and demands of all Persons whomsoever. Notwithstanding the foregoing, 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, if a Credit Party or any other interest Subsidiary or Affiliate shall xxxxx x Xxxx on any of Landlord the Collateral or Required Payments in violation of this Section, then it shall be deemed to have simultaneously granted an equal and ratable Lien on any such Collateral or Required Payments in favor of the Premises, Administrative Agent for the Building or ratable benefit of the other Improvements or any part thereofLenders to the extent such Lien has not already been granted to the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Northstar Realty), Credit Agreement (Northstar Realty)
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: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)
Liens. Tenant shall not do Lessee will remove and discharge any act charge, lien, security interest or encumbrance upon the Premises or upon any Basic Rent, additional rent or other sums payable hereunder which shall in arises for any way encumber reason, including, without limitation, all liens which arise out of the title possession, use, occupancy, construction, repair or rebuilding of Landlord in and the Premises or by reason of labor or materials furnished or claimed to have been furnished to Lessee or for the Premises, nor shall Tenant create but not including (i) the Permitted Exceptions, (ii) this Lease and any assignment hereof or permit any sublease permitted hereunder and (iii) any mortgage, charge, lien, security interest or encumbrance created or caused by or through Lessor or its agents, employees or representatives. Lessee may provide a bond or other security reasonably acceptable to be created, and shall promptly discharge, Lessor (but in no event greater in amount than the amount of such encumbrance) to remove or pay all costs associated with the removal 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 provided the conditions of Section 5.05 shall be satisfied. Nothing contained in this Lease shall be construed as constituting the consent or charge arising out request of Lessor, express or implied, to or for the performance (on behalf of or for the benefit of Lessor) by any contractor, laborer, materialman or 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 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 performedNOTICE IS HEREBY GIVEN THAT LESSOR WILL NOT BE LIABLE FOR ANY LABOR, or any materials furnished or to be furnishedSERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE, at the Premises for Tenant upon creditOR TO ANYONE HOLDING AN INTEREST IN THE PREMISES OR ANY PART THEREOF THROUGH OR UNDER LESSEE, 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 PremisesAND THAT NO MECHANIC’S OR OTHER LIENS FOR ANY SUCH LABOR, 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 lienSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND TO THE PREMISES UNLESS BY OR THROUGH LESSOR OR ITS AGENTS, 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 thereofEMPLOYEES OR REPRESENTATIVES.
Appears in 2 contracts
Samples: Lease Agreement (Gordmans Stores, Inc.), Lease Agreement (Gordmans Stores, 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 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), Standard Office Lease (Alliance Fiber Optic Products Inc)
Liens. Tenant Borrower shall not do create, incur, assume or suffer to exist any act which shall in Lien on any way encumber the of Borrower’s right, title of Landlord or interest in and to the PremisesProperty, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedexcept for Permitted Encumbrances. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after Within thirty (30) days of the filing of any such Lien (or such sooner period as may be required in the event the Property (or part thereof or interest therein) shall be in imminent danger of being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Lien of the Mortgage being primed by any related Lien), Borrower shall either pay or otherwise cause such Lien to be discharged from the Property. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of its intention to do sothe Lien, provided that (i) no Default (other than a Default that is the subject matter being contested) or Event of Default has occurred and remains uncured; (ii) such proceeding shall have be permitted under and be conducted in accordance with the right, but not the obligation, in addition to applicable provisions of any other right instrument to which Borrower or remedy, to discharge the Property is subject and shall not constitute a default thereunder and such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord proceeding shall be entitled if it so elects to compel conducted in accordance with all applicable statutes, laws and ordinances; (iii) the prosecution Property nor any part thereof or interest therein will not be in danger of an action for foreclosure of such lien by the lienor and to being sold, forfeited, terminated, cancelled or lost; (iv) Borrower shall promptly upon final determination thereof pay the amount of judgment any such Lien (and perform any such act to discharge the same of record), together with all costs, interest and penalties which may be payable in favor connection therewith; (v) such proceeding shall suspend the enforcement of the lien owner with interestLien by any party against the Property; and (vi) Borrower shall furnish such security as may be required in the proceeding in order to suspend the enforcement of such Lien, costs or as may be reasonably requested by Lender, to insure the payment (and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ feesdischarge from record) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after of any such paymentLien, together with all interest thereon and penalties thereon. Lender may pay over any such cash deposit or part thereof held by Lender to the claimant entitled thereto at Prime plus three percent any time when, in the reasonable judgment of Lender, the entitlement of such claimant is established or the Property (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate part thereof or interest therein) shall be in imminent danger of Landlord in and to being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Premises, unless specifically ordered Lien of the Mortgage being primed by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofrelated Lien.
Appears in 2 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Liens. Tenant shall not do any act which shall at all times hold Landlord free and harmless and indemnify Landlord against all claims for labor or materials in any way encumber the title of Landlord in and connection with all construction work, operations, Improvements, alterations, or repairs on or to the Premises, nor and the costs of defending against such claims, including reasonable attorneys’ fees and costs. If any construction work, Improvements, alterations or repairs are made to the Premises by Tenant or by any party other than Landlord, and a lien or notice of lien is filed, Tenant shall within five (5) Business Days of such filing either: (i) take all actions necessary to record a valid release of lien, or (ii) file with Landlord a bond, cash, or other security acceptable to Landlord sufficient to pay in full all claims of all persons seeking relief under the lien. Copies of duly executed conditional and final waivers of mechanics’ lien rights shall be provided to Landlord concurrently with their delivery to the construction lender or, if there is no such lender, then on a monthly basis on the last day of each month for releases executed during such month. If Tenant create (or permit any contractor or subcontractor, as applicable) does not cause to be createdrecorded the bond described in California Civil Code Section 8424, or otherwise protect the Premises and Improvements under any alternative or successor statute, and shall promptly discharge, any such lien (including, but not limited to, any a final judgment has been rendered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanic’s, contractormaterialman’s, contractor’s or 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 Premisesclaim, and if Tenant shall not suffer any other matter fails to stay the execution of judgment by lawful means or thing whereby to pay the estatejudgment, 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 remedyduty, to discharge such lien either by paying pay or otherwise discharge, stay or prevent the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsexecution of, and in any such event judgment or lien or both. Upon any such payment by Landlord, Tenant shall immediately, upon receipt of written request therefor made by Landlord, reimburse 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 sums paid by Landlord and under this paragraph, together with all costs and expenses (including Landlord’s reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Leasefees and costs, due from Tenant to Landlord plus interest at the next rent day after any such paymentmaximum allowable legal rate then in effect in California, 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 until 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 date 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 thereofreimbursement.
Appears in 2 contracts
Samples: Ground Lease Template, Ground Lease Template
Liens. Tenant Contractor shall not do any act which shall in any way encumber keep the title of Landlord in Facility Site, the Facility and to the PremisesWork free from all liens, nor shall Tenant create charges, claims and judgments, security interests or permit to be created, and shall promptly discharge, any such lien encumbrances (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 the performance of the Work under this Agreement or pursuant to any agreement Subcontract and shall defend, indemnify and hold harmless Client from and against all costs, charges and expenses, including reasonable attorneys’ fees directly related thereto, that Client may incur resulting from or arising out of such Liens, unless a payment default has occurred and is continuing under this Agreement and then the Contractor may create a Lien only to the extent of Work to which the payment default relates. Contractor’s indemnification obligations with respect to Liens covered by this Section 13.3 are subject to the following conditions that: (expressed a) Client gives Contractor prompt written notice of any such Lien of which it has knowledge, (b) Client cooperates in the defense of any such Lien, and (c) Contractor has sole control of Contractor’s defense and settlement, to the extent of Contractor’s liability, for any such Lien; provided, that Contractor shall promptly confirm in writing its obligation to indemnify Client with respect to all costs and expenses with respect to such Lien or implied)claim. Contractor shall take prompt steps to discharge any such Lien filed against the Facility Site, chattel mortgagethe Facility and the Work or upon any Contractor furnished equipment or structures encompassed therein, security agreement, financing statement or otherwise) upon the Premises or premises upon which they are located by any part thereof or the income therefrom or any personal property used Subcontractor based on a claim for payment 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 impairedWork. If Tenant shall fail Contractor fails to cause promptly discharge, bond or otherwise assure the payment of any such lien Lien, Client shall promptly notify Contractor in writing and ten (10) business days after such notice, shall be entitled to be discharged of recordtake any reasonable action to satisfy, then Landlorddefend, after thirty (30) days notice of its intention to do so, settle or otherwise remove such Lien at Contractor’s expense. Client shall have the rightright to deduct any such expenses from any payment due, but not the obligation, in addition to any other right or remedywhich may become due, to discharge such lien either by paying Contractor. Contractor shall have the amount claimed right to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in contest any such event Landlord shall be entitled if Lien provided it so elects first provides to compel the prosecution Client a bond or other assurances of an action for foreclosure of such lien by the lienor and payment reasonably satisfactory to pay Client in the amount of judgment such Lien in favor of the lien owner with interest, costs form 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 substance satisfactory 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 thereofClient.
Appears in 2 contracts
Samples: Construction Agreement (BioFuel Energy Corp.), Construction Agreement (BioFuel Energy Corp.)
Liens. Tenant shall not do keep the Premises and the Project free from any act which shall in any way encumber the title of Landlord in and to the Premisesmechanics' liens, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien vendors liens or any lien, encumbrance or charge other liens arising out of any agreement (expressed work performed, materials furnished or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesobligations incurred by Tenant, and Tenant shall not suffer any other matter or thing whereby the estateagrees to defend, rights indemnify and interest of hold Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause harmless from and against any such lien to be discharged or claim or action thereon, together with costs of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, suit and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) ' fees and costs incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after with any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofclaim or action. This Lease shall constitute notice that Landlord shall not be liable for Before commencing any work performed of alteration, addition or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and improvement to the Premises, unless specifically ordered Tenant shall give Landlord at least ten (10) business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of non-responsibility). In the event that there shall be recorded against the Premises or the Project or the property of which the Premises is a part any claim or lien arising out of any such work performed, materials furnished or obligations incurred by Tenant and such claim or lien shall not be removed 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 and Joint Escrow Instructions (Cohu Inc)
Liens. Tenant will not, directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mechanic’s, supplier’s or vendor’s lien, encumbrance or charge on the Premises or any part hereof. The existence of any mechanic’s, supplier’s or vendor’s lien, or any right in respect thereof, shall not do constitute a violation of this Section 23 if payment is not yet due upon the contract or for the goods or services in respect of which any act which such lien has arisen or, if Tenant is protesting or challenging such lien in good faith and has, within thirty (30) days 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, of any contractor, subcontractor, laborer, materialman or 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 Xxxxxx’s interest in the Premises to secure the payment of any way encumber bills for any such labor, services, or materials so 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 title Premises or any part thereof through or under Tenant, and that no mechanic’s or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Premises, nor shall . If Tenant create or permit to be created, and shall promptly discharge, has not removed any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, other 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 required to be discharged of record, then Landlord, after removed by Tenant pursuant to this Section within thirty (30) 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 Default Rate until paid. Landlord hereby consents to the granting of a lien or security interest on Tenant’s Personal Property, including any such Tenant’s Personal Property installed or placed on the Premises by Tenant in connection with any customary credit facility that Tenant has or may have during the Term hereof, and Tenant shall give Landlord written notice of any such lien. [Without limiting the generality of the foregoing, to the extent an applicable third party seeks to enforce its intention rights to do sowith respect to the encroachment described on Exhibit I (the “Encroachment”), Tenant shall promptly take all reasonable actions to relocate or remedy, as appropriate, such Encroachment and keep Landlord reasonably informed with respect to same. Without diminishing the obligations of Tenant hereunder, if Tenant fails to cause such encroachment to be issued within a reasonable time after the commencement of the applicable enforcement proceedings (unless the obligations to remedy such Encroachment are stayed pending such proceedings), Landlord shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying remedy the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, Encroachment at Tenant’s sole cost and in any such event expense and Tenant shall reimburse 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 its out- of-pocket 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 same 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 mechanicbusiness days following Xxxxxxxx’s or other lien written demand 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 writingreimbursement. Tenant shall have no power indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless, without limitation 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 and in the Premisesmanner specified in Section 21, the Building from and against any and all Losses (including without limitation all corrective action costs, fines and penalties, and reasonable attorney’s, consultant’s and contractor’s fees) resulting or the other Improvements or any part thereof.arising from such encroachment proceedings.]7
Appears in 2 contracts
Samples: Lease Agreement (Sierra Bancorp), Agreement for Purchase (Sierra Bancorp)
Liens. Tenant At no time during the Term shall Lessee, directly or indirectly, create, incur, assume or suffer to exist any Liens on or with respect to the Leased Property, or any component thereof, right or title thereto or any interest or estate therein or in this Lease, except for Permitted Liens. Lessee will promptly remove and discharge any Liens (other than Permitted Liens) upon the Leased Property or any Rent payable hereunder which arises for any reason, including all Liens which arise out of the use, occupancy, construction, repair or rebuilding of the Leased Property or by reason of labor or materials furnished or claimed to have been furnished to Lessee or for the Leased Property. If any Lien (other than any Permitted Lien) is filed or recorded against any portion of the Leased Property, Rent, or any part thereof, Lessee will cause such Lien to be discharged of record or bonded (to the extent permitted by Applicable Law) or otherwise rendered void within THIRTY (30) days after notice thereof; provided, however, that Lessee shall not do be required to so discharge or bond any act which such Lien while the same is being contested in good faith by appropriate proceedings diligently prosecuted so long as such proceedings shall in not involve (i) any way encumber material risk of the title sale, forfeiture or loss of Landlord in and the Leased Property or (ii) a material risk of reduction of the value, utility or remaining useful life (except to an insignificant extent) of the Premises, nor shall Tenant create or permit to be createdLeased Property, and shall not interfere with the disposition, of the Leased Property or any part thereof. If a final judgment, after the exhaustion of all appeals by Lessee, establishes the validity or existence of a Lien (other than a Permitted Lien) for any amount, Lessee shall promptly dischargesatisfy such judgment and release such Lien of record. If Lessee fails to pay any charge for which a Lien (other than a Permitted Lien) has been filed or recorded, as the case may be, Lessor, at its option, after THIRTY (30) days' prior written notice to Lessee, may pay the Lien and related costs and interest, and the amount so paid, together with reasonable attorneys' fees and other reasonable expenses incurred by Lessor in connection therewith, will be immediately due from Lessee to Lessor, together with interest at a rate equal to the Late Rate from the date any such lien (includingpayment was made by Lessor until Lessor is paid in full with such interest, but not limited toall as Additional Rent. Nothing contained in this Lease is intended to be or should be deemed to be the consent or agreement of Lessor to the performance by any contractor, any mechanic’slaborer, contractor’s, subcontractor’s materialman or material man’s lien or any lien, encumbrance or charge arising out vendor of any agreement (expressed labor or implied)services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises Leased Property or any part thereof or the income therefrom to subject Lessor's interest therein to liability under any mechanics' or other lien under Applicable Law. If either Lessor or Lessee receives notice that a Lien has been filed or is about to be filed against any personal property used in connection with the operation portion of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performedLeased Property, or any action affecting title to the Leased Property has been commenced on account of work done for Lessee or materials furnished to Lessee, Lessor or to be furnishedLessee, at as the Premises for Tenant upon creditcase may be, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or promptly give the other Improvements party written notice of such Lien or any part thereofaction.
Appears in 2 contracts
Samples: Lease Agreement (Royal Ahold), Lease Agreement (Royal Ahold)
Liens. Tenant shall not do any act which shall in any way encumber at all times keep the title of Landlord in Premises and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge Project free from liens arising out of any agreement (expressed or implied)related to work or services performed, chattel mortgagematerials or supplies furnished or obligations incurred by or on behalf of Tenant or in connection with work made, security agreement, financing statement suffered or otherwise) upon done by or on behalf of Tenant in or on the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impairedProject. If Tenant shall fail to cause not, within twenty (20) days following the imposition of any such lien lien, cause the same to be discharged released of recordrecord by payment or posting of a proper bond, then LandlordLandlord shall have, after thirty (30) days notice of its intention in addition to do soall other remedies provided herein and by law, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying cause the amount claimed same to be due or released by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event means as Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor reasonably deem proper, including payment of the lien owner with interest, costs and allowancesclaim giving rise to such lien. Any amount so All sums paid by Landlord on behalf of Tenant and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith therefor shall constitute Additional Rent be payable to Landlord by Tenant under this Lease, due from Tenant to Landlord on demand with interest at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereofApplicable Interest Rate as Additional Rent. This Lease shall constitute notice that Landlord shall not be liable for have the right at all times to post and keep posted on the Premises any work performed notices permitted or to be performedrequired by law, or any materials furnished or to be furnishedwhich Landlord shall deem proper, at for the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate protection of Landlord, or any other interest of Landlord in the Premises, the Building Project and any other party having an interest therein, from mechanics’ and materialmen’s liens, and Tenant shall give Landlord not less than ten (10) Business Days prior written notice of the commencement of any work in the Premises or Project which could lawfully give rise to a claim for mechanics’ or materialmen’s liens to permit Landlord to post and record a timely notice of non-responsibility, as Landlord may elect to proceed or as the other Improvements law may from time to time provide, for which purpose, if Landlord shall so determine, Landlord may enter the Premises. Tenant shall not remove any such notice posted by Landlord without Landlord’s consent, and in any event not before completion of the work which could lawfully give rise to a claim for mechanics’ or any part thereofmaterialmen’s liens.
Appears in 2 contracts
Samples: Freshworks Inc., Freshworks Inc.
Liens. Tenant shall not do any act which shall in any way encumber Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the title cost of Landlord in and repairs, alterations, improvements, changes or other work done by Lessee to the Premises, nor shall Tenant create or permit Premises and further agrees to be createdindemnify and hold harmless Lessor from and against any and all such costs and liabilities incurred by Lessee, and shall promptly dischargeagainst any and all mechanic's, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s materialmen's or material man’s lien or any lien, encumbrance or charge laborer's liens arising out of any agreement (expressed or implied)from such work or the cost thereof which may be asserted, chattel mortgage, security agreement, financing statement claimed or otherwise) upon charged against the Premises or any part thereof the Building or site on which it is located. Notwithstanding anything to the contrary in this Lease, the interest of Lessor in the Premises shall not be subject to liens for improvements made by or for Lessee, whether or not the same shall be made or done in accordance with an agreement between Lessor and Lessee, and it is specifically understood and agreed that in no event shall Lessor or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord Lessor in the Premises be liable for or subjected to any mechanic's, materialmen's or laborer's liens for improvements or work made by or for Lessee; and this Lease specifically prohibits the subjecting of Lessor's interest in the Premises to any mechanic's, materialmen's or laborer's liens for improvements made by Lessee or for which Lessee is responsible for payment under the terms of this Agreement. All persons dealing with Lessee are hereby placed upon notice of this provision. In the event any notice or claim of lien shall be asserted of record against the interest of Lessor in the Premises or Building or the site on which it is located on account of or growing out of any part thereof might be impaired. If Tenant improvement or work done by or for Lessee, or any person claiming by, through or under Lessee, or for improvements or work the cost of which is the responsibility of Lessee, Lessee agrees to have such notice of lien cancelled and discharged of record as a claim against the interest of Lessor in the Premises or the Building or the site on which it is located (either by payment or bond as permitted by Law) within ten (10) days after notice to Lessee by Lessor, and in the event Lessee shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord Lessee shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment considered in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant default under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereof.
Appears in 2 contracts
Samples: Atrium Financial Center Lease Agreement (Interactive Technologies Com LTD), Atrium Financial Center Lease Agreement (Interactive Technologies Com LTD)
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 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: Office Lease (Archemix Corp.), Lease (Archemix 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 2 contracts
Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.), Work Letter Agreement (Hi/Fn Inc)
Liens. Tenant shall not do Lessee will remove and discharge any act charge, lien, security interest or encumbrance upon the Premises or upon any Basic Rent, additional rent or other sums payable hereunder which shall in arises for any way encumber reason, including, without limitation, all liens which arise out of the title possession, use, occupancy, construction, repair or rebuilding of Landlord in and the Premises or by reason of labor or materials furnished or claimed to have been furnished to Lessee or for the Premises, nor shall Tenant create but not including (i) the Permitted Exceptions, (ii) this Lease and any assignment hereof or permit any sublease permitted hereunder and (iii) any mortgage, charge, lien, security interest or encumbrance created or caused by or through Lessor or its agents, employees or representatives without the consent of Lessee. Lessee may provide a bond or other security reasonably acceptable to be created, and shall promptly discharge, Lessor (but in no event greater in amount than the amount of such encumbrance) to remove or pay all costs associated with the removal 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 provided the conditions of Section 5.05 shall be satisfied. Nothing contained in this Lease shall be construed as constituting the consent or charge arising out request of Lessor, express or implied, to or for the performance (on behalf of or for the benefit of Lessor) by any contractor, laborer, materialman or 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 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 performedNOTICE IS HEREBY GIVEN THAT LESSOR WILL NOT BE LIABLE FOR ANY LABOR, or any materials furnished or to be furnishedSERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE, at the Premises for Tenant upon creditOR TO ANYONE HOLDING AN INTEREST IN THE PREMISES OR ANY PART THEREOF THROUGH OR UNDER LESSEE, 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 PremisesAND THAT NO MECHANIC’S OR OTHER LIENS FOR ANY SUCH LABOR, 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 lienSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LESSOR IN AND TO THE PREMISES UNLESS BY OR THROUGH LESSOR OR ITS AGENTS, 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 thereofEMPLOYEES OR REPRESENTATIVES.
Appears in 2 contracts
Samples: Lease Agreement (M/a-Com Technology Solutions Holdings, Inc.), Lease Agreement (M/a-Com Technology Solutions Holdings, 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: Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.), Standard Office Lease (Prospect Acquisition Corp)
Liens. Tenant Borrower shall not do create, incur, assume or suffer to exist any act Lien on any portion of the Property except for Permitted Encumbrances; provided, however, after prior written notice to Agent, Borrower, at its own expense, may contest by appropriate legal proceedings, promptly initiated and conducted in good faith and with due diligence, the amount or validity, in whole or in part, of any mechanic’s or materialman’s liens, provided that (a) no Event of Default has occurred and is continuing, (b) such proceeding shall suspend the collection of the mechanic’s or materialman’s liens from Borrower and from the Property or Borrower shall have paid all of the mechanic’s or materialman’s liens under protest, (c) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which shall in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create or permit to be created, Borrower is subject and shall promptly dischargenot constitute a default thereunder, 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 otherwised) upon neither the Premises or Property nor any part thereof or the income therefrom interest therein will be in reasonable danger of being sold, forfeited, terminated, cancelled or any personal property used in connection with the operation of the Premiseslost, 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 (e) either (i) such lien to shall be discharged of recordfully bonded, then Landlord, after thirty (30) days notice of its intention to do so, provided that Agent shall have approved such bond as to the right, but not the obligationform and issuer of same, in addition its reasonable discretion, or (ii) Borrower shall have deposited with Agent cash or other security as may be reasonably approved by Agent in an amount equal to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge one hundred ten percent (110%) 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 the Lien amount being contested in favor accordance with this Section 4.2.2 to insure the payment 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 amounts relating to Landlord at the next rent day after any such paymentLien, together with all interest and penalties thereon at Prime plus three percent (3%) per annum from the date of payment thereofas determined by Agent in its reasonable discretion. This Lease shall constitute notice that Landlord shall not be liable for Agent may pay over 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 such cash or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and security held by Agent to the Premisesclaimant entitled thereto at any time when, 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 Premisesreasonable judgment of Agent, the Building or entitlement of such claimant is established. Upon the other Improvements or payment in full of any part thereofLien being contested in accordance with this Section 4.2.2, any excess additional security delivered by Borrower to Agent with respect thereto shall be released promptly to Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund 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 shall not do Sublessee agrees: (a) to pay promptly, when due, the entire costs of Sublessee’s Work or any act which shall other work performed by Sublessee; (b) to obtain from each contractor with whom Sublessee contracts for such work, prior to paying any amount to such contractor, a statement in any way encumber writing under oath, or verified by affidavit, of the title names of Landlord all parties furnishing materials and labor for such work and the amounts due, or to become due, to each and, at the time of payment, obtain from each contractor and from each such person or entity a waiver of lien in the amount paid to each; (c) to keep the Subleased Premises and the Property at all times free of liens and claims for liens for labor and materials for work undertaken by or on behalf of Sublessee, except to the Premisesextent that such work was performed by or for Prime Lessor or Sublessor; (d) to furnish Sublessor copies of all such sworn statements and waivers of lien; (e) at Sublessor’s written request, nor shall Tenant create or permit to be createdonly use contractors previously and reasonably approved in writing by Sublessor; (f) to perform such work in such manner as to ensure proper maintenance of good labor relationships; and (g) to defend, indemnify, save and shall promptly dischargekeep both Sublessor and Prime Lessor harmless from and against all liability, any such lien losses, damages (includingactual, but not limited toincidental, consequential or punitive), injury, claims, suits, actions, judgments and costs to any mechanic’s, contractor’s, subcontractor’s person or material man’s lien property occasioned by or any lien, encumbrance or charge arising growing out of such work. If any agreement claim for a mechanics lien arises against any part of the Subleased Premises or the Property by reason of work undertaken by Sublessee, and such claim is not discharged as required by the Prime Lease, Sublessor may pay such claim and proceed to obtain the discharge and release thereof, and Sublessee shall pay Sublessor as Additional Rent (expressed with interest thereon at the Default Rate) the amount paid by Sublessor to obtain the discharge and release thereof, together with court costs and reasonable attorneys’ fees, upon demand. Notwithstanding anything to the contrary contained herein, Sublessee may contest the validity of any charge or implied)lien in good faith by appropriate proceeding, chattel mortgage, security agreement, financing statement provided that (a) such contest could not result in any sale or otherwise) upon forfeiture of the Premises Property or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premisesinterest therein, and Tenant (b) Sublessee shall not suffer any other matter furnish Sublessor with such security as Sublessor may reasonably request to ensure the ultimate payment, removal 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 charge 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 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Horizon Pharma PLC)
Liens. Tenant 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 liens arising out of any agreement (expressed work performed, material 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 obligations incurred by TENANT. In accordance with the operation applicable provisions of the PremisesFlorida Construction Lien Law and specifically Section 713.10, and Tenant shall not suffer any other matter or thing whereby the estateFlorida Statutes, rights and as may be amended from time to time, no interest of Landlord LANDLORD whether real or personal in the Premises or any part thereof might in the Building or in the underlying land shall be impaired. If Tenant shall fail subject to cause any such lien liens for repairs, improvements and/or alterations made by TENANT or caused to be discharged of recordmade by TENANT hereunder. Further, then LandlordTENANT acknowledges that TENANT, after thirty (30) days notice of its intention with respect to do sorepairs, improvements and/or alterations made by TENANT or caused to be made by TENANT hereunder, shall have promptly notify the rightcontractor performing such work of this provision exculpating LANDLORD from liability for such liens. Notwithstanding the foregoing, but not the obligation, in addition to if 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 lien 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 claim of lien, attachment, judgment, execution, writ, charge or other encumbrance upon the estate of Landlord, or any other interest of Landlord in is filed against the Premises, the Building or the other Improvements this leasehold, or any part alterations, fixtures or improvements therein or thereof, as a result of any work performed by or at the direction of TENANT or any of TENANT’S agents, TENANT shall within thirty (30) business days following TENANT’S receipt of notice from LANDLORD of the imposition of the lien, diligently pursue the cancellation or discharge of all such liens. In the event that (x) the lien causes the contractor to commence a foreclosure action against the Premises, or (y) the lien causes the LANDLORD’S lender to put the LANDLORD in default under any loan documents (x) or (y) being referred to as an “Urgent Lien Matter”), then TENANT shall cause such lien to be released of record by payment or posting of a bond within ten (10) business days of TENANT’S receipt of notice of such Urgent Lien Matter. If TENANT fails to discharge as herein required, TENANT shall be in default under this Lease. In such event, without waiving TENANT’S default, LANDLORD may discharge the same of record by payment, bonding or otherwise and may do so without giving TENANT further notice. Upon LANDLORD’S demand, TENANT will promptly reimburse LANDLORD for all costs and expenses so incurred by LANDLORD. This right to cure shall be in addition to all other available rights and remedies available to LANDLORD.
Appears in 2 contracts
Samples: Lease Agreement (Trulieve Cannabis Corp.), Lease Agreement (Trulieve Cannabis Corp.)
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 Site, 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 of the Premisesany repairs, and alterations, improvements or other work contracted for or undertaken by Tenant shall not suffer or any other matter act or thing whereby the estateomission of Tenant or Tenant’s agents, rights employees, contractors, licensees or invitees. Tenant shall, at Landlord’s request, following final completion of any such repairs, alterations, or improvements provide Landlord with unconditional and interest of Landlord final lien releases in the form required by applicable Law from all persons furnishing labor and/or materials with respect to the Premises or with a cost in excess of $50,000. Landlord shall have the right at all reasonable times to post on the Premises 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, cause any such lien to be discharged released of record, then record or bonded to Landlord, after ’s reasonable satisfaction within thirty (30) days from notice to Tenant of such filing. If Tenant fails to cause such lien to be so released or bonded within thirty (30) days after such notice, Landlord may, without waiving its rights and remedies based on such breach, and without releasing Tenant from any of its intention to do soobligations, 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. Tenant shall pay to Landlord, costs and allowances. Any amount so within thirty (30) days after receipt of invoice from Landlord, 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 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 that Landlord shall not be liable for any work performed or to be performedNOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, or any materials furnished or to be furnishedSERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, at the Premises for Tenant upon creditOR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER 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 PremisesAND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, 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 thereofSERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES.
Appears in 2 contracts
Samples: QuantumScape Corp, QuantumScape Corp
Liens. During the Term, Tenant will promptly, but no later than forty-five (45) days after the date Tenant first has knowledge of the filing thereof, or such shorter period as shall not do any act which shall in any way encumber prevent the title forfeiture of Landlord in and to the Premises, nor shall Tenant create remove and discharge of record, by bond or permit to be created, and shall promptly dischargeotherwise, any such lien charge, lien, security interest or encumbrance upon any of the Premises, Base Rent and Additional Rent which charge, lien, security interest or encumbrance arises for any reason (other than a result of Landlord’s act), including, but not limited to, all liens that arise out of the possession, use, occupancy, construction, repair or rebuilding of the Premises or by reason of labor or materials furnished, or claimed to have been furnished, to Tenant for the Premises, but not including any mechanic’s, contractor’s, subcontractor’s or material man’s lien encumbrances expressly permitted under this Lease or any lienmechanics liens created by Landlord. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, encumbrance express or charge arising out implied, by inference or otherwise, to or for the performance of any agreement (expressed contractor, laborer, materialman, or implied)vendor of any labor or services or for the furnishing of any materials for any construction, chattel mortgagealteration, security agreementaddition, financing statement repair or otherwise) upon demolition of or to the Premises or any part thereof thereof. Notice is hereby given that, during the Term, Landlord will not be liable for any labor, services or the income therefrom materials furnished or any personal property used in connection with the operation of the Premisesto be furnished to Tenant, and Tenant shall not suffer any other matter or thing whereby the estate, rights and to anyone holding an interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right through or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon creditTenant, and that no mechanic’s mechanics or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered such labor, services or materials were placed in the Premises pursuant to a written agreement entered into by Landlord. In the event of the failure of Tenant to discharge any charge, lien, security interest or encumbrances as aforesaid, Landlord may, if not discharged by Tenant within ten (10) business days after written notice to Tenant, discharge such items by payment or bond or both, and Section 23.4 hereof shall apply. Provided Tenant is diligently contesting any such lien or encumbrance in writing. accordance with applicable law, in lieu of a bond Tenant shall have no power the option to do any act deposit cash (or make any contract that may create an irrevocable, standby letter of credit in form reasonably acceptable to Landlord) with Landlord in an amount sufficient to fully discharge such lien or be the foundation for any lien, mortgage or other encumbrance upon the estate of (as reasonably determined by Landlord, the “Lien Deposit”), which Lien Deposit may be used by Landlord to discharge, settle or otherwise satisfy the applicable lien or encumbrance at any time after the commencement of foreclosure proceedings or before forfeiture of the Premises or any other interest of Landlord in the Premises, the Building or the other Improvements or any part portion thereof.
Appears in 2 contracts
Samples: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)
Liens. Tenant Neither Borrower nor Operating Lessee shall create, incur, assume, permit or suffer to exist any Lien on any portion of any Individual Property, except for the Permitted Encumbrances, nor any Lien on any direct or indirect interest in Borrower, Operating Lessee or any Loan Party, except for (i) the pledges of the direct or indirect equity interests in Borrower granted by Mezzanine Borrowers in favor of Mezzanine Lenders and in Operating Lessee by Leasehold Pledgor pursuant to the Mezzanine Loan Documents as security for the Mezzanine Loans and (ii) Permitted Transfers, if any. Subject to the following, Borrower or Operating Lessee shall promptly discharge any Lien or charge against any of the Individual Properties which is not a Permitted Encumbrance nor otherwise expressly permitted hereunder. After prior notice to Lender, Borrower or Operating Lessee, at its own expense, may contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Liens, provided that (i) no Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) no Individual Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Operating Lessee shall promptly upon final determination thereof pay the amount of any such Liens, together with all costs, interest and penalties which may be payable in connection therewith; (v) to insure the payment of such Liens exceeding $1,000,000 in the aggregate at any one time, Borrower shall deliver to Lender either (A) cash, or other security as may be approved by Lender, in an amount equal to one hundred twenty-five percent (125%) of the contested amount, or (B) a payment and performance bond in an amount equal to one hundred percent (100%) of the contested amount from a surety acceptable to Lender in its reasonable discretion, (vi) failure to pay such Liens will not subject Lender to any civil or criminal liability, (vii) such contest shall not do affect the ownership, use or occupancy of any act which shall Individual Property, and (viii) Borrower or Operating Lessee shall, upon request by Lender, give Lender prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (vii) of this Section 4.3. Lender may pay over any way encumber the title of Landlord in and such cash or other security held by Lender to the Premisesclaimant entitled thereto at any time when, nor shall Tenant create or permit to be createdin the reasonable judgment of Lender, and shall promptly discharge, any the entitlement of such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien claimant is established or any lien, encumbrance or charge arising out of any agreement Individual Property (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom interest therein) shall be in danger of being sold, forfeited, terminated, cancelled or lost or there shall be any personal property used in connection with the operation danger 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 Lien of the lien owner with interest, costs and allowances. Any amount so paid applicable 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 Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.)
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 and to keep the Premises, nor shall Tenant create or permit to be createdthe Building, 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 the rest of the Facility free from liens arising out of any agreement work or materials actually or allegedly performed or furnished, or obligations incurred, by or for Tenant (expressed other than the work to be performed by Landlord pursuant to Exhibit B). Tenant agrees to indemnify and hold Landlord harmless from and against any and all claims for mechanics’, materialmen’s 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 other liens in connection with any Alterations, repairs, or any work performed, materials furnished, or obligations incurred by or for Tenant other than the operation of work performed by Landlord pursuant to Exhibit B. In the Premisesevent any such lien is filed, and Tenant shall has not suffer any provided Landlord with a lien release bond or other matter or thing whereby the estateadequate security therefor, rights and interest of as provided below, Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordmay, then Landlord, after upon thirty (30) days days’ written notice of its intention to do soTenant, shall have without waiving Landlord’s rights based on such breach by Tenant and without releasing Tenant from any obligations hereunder, 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 shall be 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 at the next rent day after any such paymentimmediately without notice or demand, with interest thereon from the date paid by Landlord through the date Tenant pays Landlord, at Prime an interest rate equal to the Reference Rate (as defined in Subsection 6.3.1 above) 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 nevertheless have no power the right to do contest or object to the amount or validity of any act lien against the Premises or make the Building arising out of work performed by or on behalf of Tenant by appropriate legal proceedings so long as (a) Tenant notifies Landlord of Tenant’s intent to contest such lien within thirty (30) days after Tenant has notice of the imposition thereof, (b) Tenant, within such thirty (30) day period, furnishes Landlord with and arranges for recordation of a lien release bond complying with the requirements of Cal. Civil Code Section 3143 (or any contract that may create successor statute) so as to release the lien from the Premises and the balance of the Facility upon recordation of such bond, or be the foundation for any with other security reasonably satisfactory to Landlord to satisfy such claim or lien, mortgage (c) upon any final determination of such contest which is not appealable or other encumbrance upon is not being appealed by Tenant, Tenant pays the estate amount of Landlordsuch claim or lien then due (provided that Tenant shall at its sole cost post any bond required to pursue an appeal), and (d) Tenant’s indemnity set forth above in this Section 12 shall apply to all claims arising in connection with such contest or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofobjection.
Appears in 2 contracts
Samples: Letter (Riverbed Technology, Inc.), Riverbed Technology, Inc.
Liens. Tenant Supplier shall not do make prompt and timely payment of any act which shall debts or liabilities incurred by Supplier in any way encumber the title of Landlord in and to the Premises, nor shall Tenant create connection with or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of the Agreement. Supplier will not cause or permit any mechanic’s liens, materialmen’s liens, legal hypothecs, state, provincial, local, or federal statutory bond claims, labour and material payment bond claims or other private bond claims, agreement (expressed claims or implied)other liens or Claims for work, chattel mortgage, security agreement, financing statement labour or otherwise) upon the Premises services ordered directly or indirectly by Supplier or any part thereof of Supplier’s Personnel or Subcontractors pursuant to the Agreement or any Purchase Order, to attach to any property or assets that Rio Tinto or the income therefrom Relevant Companies own, lease, license or otherwise have an interest in. Supplier shall, at its sole cost, obtain the prompt release of any personal such liens or Claims attached to or affixed against Rio Tinto or the Relevant Companies or its or their property used or assets. The final payment owed to Supplier by any Relevant Company under the terms of the Agreement shall be contingent on full release of any such outstanding liens or Claims. Supplier for itself and its Personnel, and for its and their Subcontractors, materialmen and employees and for all other persons performing any labour or furnishing any materials or labour in connection with the operation Agreement or any Purchase Order, hereby waives to the full extent permitted by Applicable Laws all such liens or Claims for or on account of the PremisesServices performed or Products or other materials furnished hereunder, so that improvements or structures wherein the same may be incorporated and Tenant the land to which they are appurtenant shall not suffer at all times be free and clear of all such liens or Claims. At the written request of Rio Tinto and/or the Relevant Companies, Supplier shall provide the Relevant Companies with satisfactory waivers of such liens or Claims by Supplier, its Subcontractors and its/their respective Personnel. Without waiving any other matter remedy available to Rio Tinto or thing whereby the estateRelevant Companies, rights if Supplier fails or refuses to make prompt and interest timely payment of Landlord any debts or liabilities incurred by Supplier in connection with the Premises Agreement or to obtain prompt and timely release of any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of recordliens or Claims under this Section 12.8, then Landlord, after thirty (30) days notice of its intention to do so, Rio Tinto or the Relevant Company shall have the right, but not the obligation, in addition right to any other right pay or remedydischarge such debt or liabilities, to discharge take such steps and incur such costs as required to remove any lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedingsClaim, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay deduct the amount of judgment in favor of the lien owner with interest, such payment and costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed compensation or sum due or to be performed, become due under the Agreement or any materials furnished or Purchase Order to be furnished, at which the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofRelevant Company is a party.
Appears in 2 contracts
Samples: Umbrella Supply Agreement (Enssolutions, Inc.), Umbrella Supply Agreement (Enssolutions, Inc.)
Liens. Tenant shall not do any act which shall in any way encumber the title will pay all costs of Landlord in and to the Premises, nor shall Tenant create construction done by it or permit caused to be createddone by it on the Premises as permitted by this Lease. Tenant will keep the Project free and clear of all construction, and shall promptly dischargemechanics, any such lien (including, but not limited to, any mechanicmaterialman’s, contractor’slaborer’s and supplier’s liens, subcontractor’s resulting from construction done by or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and for Tenant. The interest of Landlord in the Premises and the Project shall not be subject to liens for improvements made by Tenant. Any lien filed by any contractor, materialman, laborer or supplier performing work for Tenant shall attach only to Xxxxxx’s interest in the Premises. Xxxxxx agrees to indemnify, defend and hold harmless Landlord from and against any and all costs and liabilities (including attorneys’ fees and expenses) and any and all construction, mechanic’s, materialman’s, laborer’s or supplier’s liens arising out of or pertaining to any improvements or construction done by Xxxxxx. All persons and entities contracting or otherwise dealing with Tenant relative to the Premises or the Project are hereby placed on notice of the provisions of this Paragraph, and Tenant shall further notify in writing such persons or entities of the provisions of this Paragraph prior to commencement of any Tenant work in the Premises. If any construction, mechanic’s, materialman’s, laborer’s or supplier’s lien is ever claimed, fixed or asserted against the Premises or any part thereof might be impairedother portion of the Project in connection with any such Tenant work, Tenant shall, within 10 days after receipt by Tenant of notice of such lien, discharge same as a lien either by payment or by posting of any bond as permitted by law. If Tenant shall fail to cause discharge any such lien to be discharged lien, whether valid or not, within 10 days after receipt of record, then notice from Landlord, after thirty (30) days notice of its intention to do so, Landlord shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge on behalf of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord Tenant and all costs and expenses (including reasonable incurred by Landlord associated with the discharge of the lien, including, without limitation, attorneys’ fees) incurred by Landlord in connection therewith , shall constitute Additional additional Rent hereunder and shall be immediately due and payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premises, the Building or the other Improvements or any part thereofXxxxxx.
Appears in 2 contracts
Samples: Office Lease (Ameriquest, Inc.), Office Lease (Ameriquest, Inc.)
Liens. 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: Suit Lease Agreement (R2 Technology Inc), Suit Lease Agreement (R2 Technology Inc)
Liens. Tenant Borrower shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, (nor shall Tenant create it allow Mortgage Borrower to) create, incur, assume or permit to be createdexist any Lien on any direct or indirect interest in Borrower or any portion of any Collateral, except for the Permitted Encumbrances. After prior notice to Agent, Borrower, at its own expense, may, and may cause Mortgage Borrower to, contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Liens, provided that (i) no Event of Default has occurred and remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (iii) neither the applicable Property nor Collateral nor any part thereof or interest therein will be in imminent danger of being sold, forfeited, terminated, canceled or lost; (iv) Borrower or Mortgage Borrower shall promptly discharge, upon final determination thereof pay the amount of any such lien Liens, together with all costs, interest and penalties which may be payable in connection therewith; (includingv) to insure the payment of such Liens, but Borrower shall deliver to Agent either (A) cash, or other security as may be reasonably acceptable to Agent, in an amount not limited toto exceed one hundred ten percent (110%) of the contested amount or (B) a payment and performance bond in an amount equal to one hundred percent (100%) of the contested amount from a surety acceptable to Agent in its reasonable discretion (provided that if Mortgage Lender is requiring such cash or security pursuant to Section 4.3(v) of the Mortgage Loan Agreement, Agent shall not have the right to require any mechanic’s, contractor’s, subcontractor’s further cash or material man’s lien or any lien, encumbrance or charge arising out security so long as the provisions of any agreement (expressed or impliedSection 4.3 of the Mortgage Loan Agreement are complied with), chattel mortgage(vi) failure to pay such Liens will not subject Agent to any civil or criminal liability, (vii) such contest shall not affect the ownership, use or occupancy of the applicable Property or Collateral, and (viii) Borrower shall, upon request by Agent, give Agent prompt notice of the status of such proceedings and/or confirmation of the continuing satisfaction of the conditions set forth in clauses (i) through (vii) of this Section 4.3. Agent may pay over any such cash or other security agreementheld by Agent to the claimant entitled thereto at any time when, financing statement in the reasonable judgment of Agent, the entitlement of such claimant is established or otherwise) upon the Premises applicable Property (or any part thereof or the income therefrom interest therein) shall be in imminent danger of being sold, forfeited, terminated, cancelled or lost or there shall be any personal property used in connection with the operation imminent danger 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 Lien of the lien owner with interest, costs and allowances. Any amount so paid Mortgage secured by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred such Property and/or the Lien of the Collateral relating to such Property being primed 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: First Mezzanine Loan Agreement (Clipper Realty Inc.), First Mezzanine Loan Agreement (Clipper Realty Inc.)
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: Office Building Lease (Eargo, Inc.), Office Building Lease (Eargo, Inc.)
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 leased premises and further agrees to indemnify and hold harmless Lessor from and against any and all mechanic’s, material-man’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 leased premises, or the building, or the project. Notwithstanding anything to the contrary in this lease, the interest of Lessor in the leased 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, contractormaterial-man’s or laborer’s liens for improvements or work made by Lessee or for Lessee whether or not the same shall be made or done in accordance with an agreement between Lessor and Lessee, and it is specifically understood and agreed that in no event shall Lessor or the interest of Lessor in the premises be liable for or subjected to any mechanic’s, subcontractormaterialman’s or material laborer’s liens form improvements or work made by or for Lessee; and this lease specifically prohibits the subjecting of Lessor’s interest in the leased premises to any mechanic’s, material-man’s or laborer’s liens for improvements made by Lessee or for which Lessee is responsible for payment under the terms of this lease. All persons dealing with Lessee are hereupon placed upon notice of this provision. In the event any notice or claim of lien shall be asserted of record against the interest of Lessor in the leased premises, the building or any lien, encumbrance the project on account of or charge arising growing out of any agreement (expressed improvement or implied)work done by or for Lessee, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof 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 or claim of lien canceled and discharged of record as a claim against the interest of Lessor in the leased premises, the building or the income therefrom project (either by payment and satisfaction or any personal property used in connection with the operation of the Premisesby removal by transfer to bond or deposit as permitted by law) within 30 days after notice to Lessee by Lessor, 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 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, Lessee shall be considered in default under this lease. Lessee may contest any such lien after discharging same by transfer to bond or deposit. Lessee shall have the right, but not the obligation, in addition right to grant a security interest on Lessee’s equipment 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 bank 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 thereoflending institution.
Appears in 2 contracts
Samples: Lease (GeoPharma, Inc.), Office Lease (Dynamic Health Products 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 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 Neither the County nor the Authority shall, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to any portion of the Facilities, other than the respective rights of the Authority as provided herein and Permitted Encumbrances. In the event the County shall not do at any act which shall in time during the term of this Facilities Lease cause any way encumber the title of Landlord in and to the Premiseschanges, nor shall Tenant create alterations, additions, improvements, or permit other work to be createddone or performed or materials to be supplied, in or upon the Facilities, the County shall pay, when due, all sums of money that may become due for, or purporting to be for, any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to or for the County in, upon or about the Facilities and shall promptly discharge, keep the Facilities free of any and all mechanics’ or materialmen’s liens or other liens against the Facilities or the Authority’s interest therein. In the event any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s attaches to 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 is filed against the Premises or any part thereof Facilities or the income therefrom or any personal property used in connection with Authority’s interest therein, the operation of the Premises, and Tenant County 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 each such lien to be fully discharged and released at the time the performance of recordany obligation secured by any such lien matures or becomes due, then Landlordexcept that if the County desires to contest any such lien it may do so in good faith. If any such lien shall be reduced to final judgment and such judgment or such process as may be issued for the enforcement thereof is not promptly stayed, after thirty (30) days notice of its intention or if so stayed and said stay thereafter expires, the County shall forthwith pay and discharge said judgment. The County agrees to do so, shall have the right, but not the obligation, in addition to any other right or remedyand shall, to discharge the maximum extent permitted by law, indemnify and hold the Authority and the Trustee and their respective members, directors, agents, successors and assigns, harmless from and against, and defend each of them against, any claim, demand, loss, damage, liability or expense (including attorney’s fees) as a result of any such lien either by paying or claim of lien against 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 Facilities or the other Improvements or any part thereofAuthority’s interest therein.
Appears in 2 contracts
Samples: 64.166.146.245, 64.166.146.245
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: Security Agreement (Heron Lake BioEnergy, LLC), Security Agreement (Heron Lake BioEnergy, LLC)
Liens. Without limiting Tenant’s right to conduct any Work (including, without limitation, any Alterations) in accordance with (and subject to) the express provisions of this Lease, Tenant shall not do any act which shall in any way encumber the title of Landlord in (and to the Premises, nor shall Tenant create or permit to be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising out of any agreement (expressed or implied), chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Tenant shall not suffer any other matter or thing whereby the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after thirty (30) days notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice that Landlord shall not be liable for any work performed or to be performed, or any materials furnished or to be furnished, at the Premises for Tenant upon credit, and that no mechanic’s or other lien for such work or materials shall attach to or affect the estate or interest of Landlord in and to the Premises, unless specifically ordered by Landlord in writing. Tenant shall have no power to do to) commit any act or make enter into any contract agreement that may create or be the foundation for any lien, mortgage or other encumbrance upon Landlord’s right, title and interest in and to any Demised Premises or Property, or upon or in the estate Leased Improvements or other buildings or improvements now or hereafter located thereon, it being agreed that if Tenant performs (or causes to be performed) any Work or makes (or causes to be made) any Alterations or repairs with respect to any Demised Premises, or causes any material to be furnished or labor to be performed therein or thereon, then in each case neither Landlord nor such Demised Premises, Property or buildings or improvements shall under any circumstances be liable for the payment of any cost or expense thereof or incurred in connection therewith. Without limiting the requirement for Landlord’s consent thereto to the extent such consent is required under the applicable provisions of this Lease, all such repairs, Alterations and other Work shall be made, and all such materials and labor shall be furnished and performed, at Tenant’s sole cost and expense and Tenant shall be solely and wholly responsible to all applicable contractors, laborers and materialmen furnishing, making and/or performing the same, all of which contractors, laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant and Tenant’s interest in the Demised Premises to secure the payment of any bills for any of the foregoing. In addition to all other rights and remedies of Landlord under this Lease, and subject to the provisions of Section 4.2, in the event that any mechanic’s or materialman’s lien shall be filed against all or any portion of any Demised Premises or Tenant’s interest therein or (to the extent the same results from any Tenant’s Acts) any other portion of any Property, then in each case, except to the extent the same results from any act or wrongful failure to act of Landlord or any Landlord Indemnified Party, Tenant shall promptly discharge such lien whether by payment of the indebtedness due, by filing a bond (as provided by statute) or by providing a surety bond, in each case, for one hundred ten percent (110%) of the amount of such lien as security therefor (each such action, a “Bond”). In the event that Tenant shall fail to Bond any such lien, Landlord may, but shall not be obligated to, in addition to all other rights and remedies of Landlord under this Lease, at law or in equity, Bond such lien on Tenant’s behalf and Tenant shall thereafter immediately pay to Landlord, or any other interest of as Additional Rent, all Costs and Expenses incurred by Landlord in connection therewith (together with interest thereon (or on the Premisesportion not theretofore reimbursed, as applicable) at the Building or the other Improvements or any part thereofDefault Rate until paid by Tenant in full).
Appears in 2 contracts
Samples: Distribution Center Master Lease (Copper Property CTL Pass Through Trust), Distribution Center Master Lease (J C Penney Co Inc)
Liens. Tenant shall not do keep the Premises free from any act which shall in liens ----- arising from any way encumber work performed, materials furnished, or obligations incurred by or at the title request of Landlord in and to the PremisesTenant or any sublessee, nor shall licensee, or concessionaire of Tenant create or permit to be createdarising from any breach by Tenant of its obligations under this Lease, and shall promptly dischargeany liens with respect to any taxes Tenant is obligated to pay under this Lease or Legal Requirements. If any lien is filed against any Hotel or Tenant's leasehold interest therein, or if any such lien (including, but not limited to, is filed against any mechanic’s, contractor’s, subcontractor’s or material man’s lien or any lien, encumbrance or charge arising Hotel which arises out of any purported act or agreement (expressed or implied)of Tenant, chattel mortgage, security agreement, financing statement or otherwise) upon the Premises or any part thereof sublessee, licensee, or the income therefrom or any personal property used in connection with the operation concessionaire of the PremisesTenant, and Tenant shall not suffer any other matter or thing whereby discharge the estate, rights and interest of Landlord in the Premises or any part thereof might be impaired. If Tenant shall fail to cause any such lien to be discharged of record, then Landlord, after same within thirty (30) days notice after Tenant receives Notice of its intention filing by payment, filing of the bond required by law, or endorsement over by a title company reasonably satisfactory to do soLandlord (it being understood that any title company with a national presence and a sound financial condition and reputation shall be acceptable to Landlord). If Tenant fails to discharge such lien within such period, shall have the right, but not the obligationthen, in addition to any other right or remedyremedy of Landlord, to Landlord may, at its election, discharge such the lien either by paying the amount claimed to be due due, by obtaining the discharge by deposit with a court or a title company, or by procuring bonding. Tenant shall pay on demand, as Additional Rent, any amount paid by Landlord for the discharge or satisfaction of any such lien, together with interest thereon from the date of such expenditure until paid at the Lease Interest Rate, and all reasonable attorneys' fees and other costs and expenses of Landlord incurred in defending any such action or in obtaining the discharge of such lien lien, together with all necessary disbursements in connection therewith. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by deposit any contractor, laborer, materialman, or bonding proceedingsvendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any of the Hotels or any part thereof, or as making Tenant the agent of Landlord with respect to any such matter, and no such agency relationship shall exist unless Tenant and Landlord so agree in any such event Landlord shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest, costs and allowanceswriting. Any amount so paid by Landlord and all costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in connection therewith shall constitute Additional Rent payable by Tenant under this Lease, due from Tenant to Landlord at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice Notice is hereby given that Landlord shall will not be liable for any work performed labor, services or to be performed, or any materials furnished or to be furnishedfurnished to Tenant, at or to anyone holding an interest in the Premises for Tenant upon creditor any part thereof through or under Tenant, and that no mechanic’s 's, materialmen's or other lien liens for any such work labor, services or materials shall attach to or affect the estate or interest of Landlord in and to the Premises; and appropriate notice to this effect will be included in the Lease Memorandum and all construction contracts entered into by Tenant, unless specifically ordered by Landlord in writing. and Tenant shall have no power take all steps reasonably necessary under the laws of the jurisdiction(s) in which the relevant portion of the Premises is located to do any act or make any contract that may create or be the foundation for any lienprotect Landlord against such liability (including, mortgage or other encumbrance upon the estate of Landlord, or any other interest of Landlord in the Premisesif required, the Building or the other Improvements or any part thereofposting of notices of nonresponsibility on Landlord's behalf).
Appears in 2 contracts
Samples: Contribution Agreement (Red Lion Hotels Inc), Lease (Red Lion Hotels 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 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 thereoflaw.
Appears in 2 contracts
Samples: Store Lease Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc)
Liens. Except as specifically set forth herein, 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 lessor 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 lessor 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 lessor(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 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 Lease Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment from same.
Appears in 2 contracts
Samples: Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC)
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)
