Common use of Mechanic’s and Materialman’s Liens Clause in Contracts

Mechanic’s and Materialman’s Liens. 11.1. Tenant shall not suffer or permit any mechanics' or materialman's lien to be filed against the Leased Premises or any portion of the Building Complex by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant. Nothing herein contained shall be deemed or construed in any way as constituting the consent or request of Landlord, expressed or implied, by inference or otherwise, for any contractor, subcontractor, laborer, or materialman to perform any labor or to furnish any materials or to make any specific improvement, alteration, or repair of or to the Leased Premises or any portion of the Building Complex; nor of giving Tenant any right, power, or authority to contract for, or permit the rendering of, any services or the furnishing of any materials that could give rise to the filing of any mechanics' or materialman's lien against the Leased Premises or any portion of the Building Complex. 11.2. If any such mechanics' or materialman's lien shall at any time be filed against the Leased Premises or any portion of the Building Complex as the result of any act or omission of Tenant, Tenant covenants that it shall, within twenty (20) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. If Tenant fails to take such action, Landlord, in addition to any other right or remedy it may have, may take such action as may be reasonably necessary to protect its interests. Any amounts paid by Landlord in connection with such action, all other expenses of Landlord incurred in connection therewith, including reasonable attorneys' fees, court costs, and other necessary disbursements shall be repaid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Kroll Inc)

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Mechanic’s and Materialman’s Liens. 11.1. 11.1 Tenant shall shah not suffer or permit any mechanics' or materialman's lien to be filed against the Leased Premises or any portion of the Building Complex by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant. Nothing herein contained shall be deemed or construed in any way as constituting the consent or request of Landlord, expressed or implied, by inference or otherwise, for any contractor, subcontractor, laborer, or materialman to perform any labor or to furnish any materials or to make any specific improvement, alteration, or repair of or to the Leased Premises or any portion of the Building Complex; nor of giving Tenant any right, power, or authority to contract for, or permit pen-nit the rendering of, any services or the furnishing of any materials that could give rise to the filing of any mechanics' or materialman's lien against the Leased Premises or any portion of the Building Complex. 11.2. 11.2 If any such mechanics' or materialman's lien shall at any time be filed against the Leased Premises or any portion of the Building Complex as the result of any act or omission of Tenant, Tenant covenants that it shall, within twenty (20) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. If Tenant fails to take such action, Landlord, in addition to any other right or remedy it may have, may take such action as may be reasonably necessary to protect its interests. Any amounts paid by Landlord in connection with such action, all other expenses of Landlord incurred in connection therewith, including reasonable attorneys' attorney's fees, court costs, and other necessary disbursements shall be repaid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Accent Color Sciences Inc)

Mechanic’s and Materialman’s Liens. 11.1. 11.1 Tenant shall not suffer or permit any mechanics' mechanic's or materialman's lien to be filed against the Leased Premises or any portion of the Building Complex by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant. Nothing herein contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, expressed or implied, by inference or otherwise, for any contractor, subcontractor, laborer, laborer or materialman to perform any labor or to furnish any materials or to make any specific improvement, alteration, alteration or repair of or to the Leased Premises or any portion of the Building Complex; Building, nor of giving Tenant any right, power, power or authority to contract for, or permit the rendering of, any services or the furnishing of any materials that could give rise to the filing of any mechanics' mechanic's or materialman's lien against the Leased Premises or any portion of the Building ComplexBuilding. Landlord shall have the right at all times to post and keep posted on the Leased Premises any notices which it deems necessary for protection from such liens. 11.2. 11.2 If any such mechanics' mechanic's or materialman's lien shall at any time be filed against the Leased Premises or any portion of the Building Complex as the result of any act or omission of Tenant, Tenant covenants that it shall, within twenty ten (2010) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. If Tenant fails to take such action, Landlord, in addition to any other right or remedy it may have, may take such action as may be reasonably necessary to protect its interests. Any amounts paid by Landlord in connection with such action, action and all reasonable legal and other expenses of Landlord incurred in connection therewithwith the same, including reasonable attorneys' feesattorney's fees and costs, court costs, costs and other necessary disbursements shall be repaid by Tenant to Landlord on demandbilling by Landlord as Additional Rent.

Appears in 1 contract

Samples: Office Lease Agreement (MCB Financial Corp)

Mechanic’s and Materialman’s Liens. 11.1. A. Tenant shall not suffer or permit any mechanics' mechanic's or materialman's lien to be filed against the Leased Premises or any portion of the Building Complex by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant. Nothing herein contained shall be deemed or construed in any way as constituting the consent or request of the Landlord, expressed or implied, by inference or otherwise, for any contractor, subcontractor, laborer, laborer or materialman to perform any labor or to furnish any materials or to make any specific improvement, alteration, alteration or repair of or to the Leased Premises or any portion of the Building Complex; nor of giving the Tenant any right, power, power or authority to contract for, or permit the rendering of, any services or the furnishing of any materials that could give rise to the filing of any mechanics' mechanic's or materialman's lien against the Leased Premises or any portion of the Building Complex. 11.2. B. If any such mechanics' mechanic's or materialman's lien shall at any time be filed against the Leased Premises or any portion of the Building Complex as the result of any act or omission of Tenant, Tenant covenants that it shall, within twenty (20) days after the Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. If Tenant fails to take such action, Landlord, in addition to any other right or remedy it may have, may take such action as may be reasonably necessary to protect its interests. Any amounts paid by Landlord in connection with such action, action and all reasonable legal and other expenses of Landlord incurred in connection therewith, including reasonable attorneys' attorney's fees, court costs, costs and other necessary disbursements shall be repaid by the Tenant to the Landlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Concord Communications Inc)

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Mechanic’s and Materialman’s Liens. 11.1. Tenant No work performed by IAT, on the one hand, or Delta, on the other hand, pursuant to this Agreement or otherwise, whether such work is construction of an Alteration or other work, shall not suffer or permit any mechanics' or materialman's lien be deemed to be filed against for the Leased Premises immediate use and benefit of the other party. All contracts and subcontracts for Alterations, construction or other work and materials made by Delta shall include provisions to the effect that (a) notwithstanding anything in such contracts or subcontracts to the contrary, all contractors, subcontractors, suppliers and materialmen (each a “Construction Contractor”) shall perform the work and/or furnish the materials solely on the credit of Delta with IAT and the Trustee (or any portion nominee, transferee or assignee thereof) having no obligations therefor whatsoever; (b) no mechanic’s, materialman’s or other lien shall be asserted by the Construction Contractor against Terminal 4, the Airport or the interest of IAT or the Building Complex Trustee (or any nominee, transferee or assignee thereof) under the Port/IAT Lease or this Agreement by reason of work, labor, services, any work performed for or materials supplied furnished by the Construction Contractor; (c) the Construction Contractor shall forthwith discharge any such lien filed by any of its laborers, subcontractors, materialmen or suppliers or, in the alternative, if it is contesting any such lien, provide a security bond that protects the interest of IAT, the Port Authority and the Trustee (and any nominee, transferee or assignee thereof); and (d) the Construction Contractor shall indemnify and save IAT, the Port Authority and the Trustee harmless from any and all costs and expenses including attorney’s fees, suffered or incurred as a result of any such lien that may be filed or claimed in connection with or arising out of work performed or materials furnished by the Construction Contractor. Delta shall pay or cause to have been supplied be paid all claims lawfully made against it or its Affiliates by any Construction Contractor or other third persons arising out of or in connection with or because of the performance of any Alteration, and shall cause its contractors and any subcontractors to Tenant. Nothing pay all such claims lawfully made against them; provided, however, that nothing herein contained shall be deemed or construed in to limit the right of Delta to contest by appropriate proceedings any way as constituting the consent or request of Landlord, expressed or implied, by inference or otherwise, for any contractor, subcontractor, laborer, or materialman to perform any labor or to furnish any materials or to make any specific improvement, alteration, or repair of or to the Leased Premises or any portion of the Building Complex; nor of giving Tenant any right, power, or authority to contract for, or permit the rendering of, any services or the furnishing claim of any materials that could give rise to the filing of any mechanics' or materialman's lien against the Leased Premises or any portion of the Building ComplexConstruction Contractor and/or other person. 11.2. If any such mechanics' or materialman's lien shall at any time be filed against the Leased Premises or any portion of the Building Complex as the result of any act or omission of Tenant, Tenant covenants that it shall, within twenty (20) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. If Tenant fails to take such action, Landlord, in addition to any other right or remedy it may have, may take such action as may be reasonably necessary to protect its interests. Any amounts paid by Landlord in connection with such action, all other expenses of Landlord incurred in connection therewith, including reasonable attorneys' fees, court costs, and other necessary disbursements shall be repaid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Anchor Tenant Agreement (Delta Air Lines Inc /De/)

Mechanic’s and Materialman’s Liens. 11.1. 15.1 Tenant shall not suffer or permit any mechanics' mechanic’s or materialman's ’s lien to be filed against the Leased Premises or any portion of the Building Complex by reason of work, labor, labor services, or materials supplied or claimed to have been supplied to Tenant. Nothing herein contained shall be deemed or construed in any way as constituting the consent or request of Landlord, expressed express or implied, by inference or otherwise, for any contractor, subcontractor, laborer, or materialman to perform any labor or to furnish any materials or to make any specific improvement, alteration, or repair of or to the Leased Premises Premised or any portion of the Building Complex; nor of giving Tenant any right, power, or authority to contract for, or permit the rendering of, any services or the furnishing of any materials that could give rise to the filing of any mechanics' mechanic’s or materialman's ’s lien against the Leased Premises or any portion of the Building Complex. 11.2. 15.2 If any such mechanics' mechanic’s or materialman's ’s lien shall at any time be filed against the Leased Premises or any portion of the Building Complex as the result of any act or omission of Tenant, Tenant covenants that it shall, within twenty thirty (2030) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord, or, if Tenant is not otherwise in default hereof, Tenant, at Tenant’s option, shall in good faith, at its cost and expense, diligently dispute the validity of the lien in a court of competent jurisdiction using counsel approved by Landlord, which approval will not unreasonably be withheld. If Tenant fails to take such action, Landlord, in addition to any other right or remedy it may have, may take such action as may be reasonably necessary to protect its interests. Any amounts paid by Landlord in connection with such action, all other expenses of Landlord incurred in connection therewith, including reasonable attorneys' attorneys fees, court courts costs, and other necessary disbursements shall be repaid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Fusion Telecommunications International Inc)

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