Mechanics' and Materialmen's Liens. As of origination and, to the Depositor's actual knowledge, as of the Closing Date, (A) the related Mortgaged Property is free and clear of any and all mechanics' and materialmen's liens that are not bonded, insured against or escrowed for, and (B) no rights are outstanding that under law could give rise to any such lien that would be prior or equal to the lien of the related Mortgage (unless affirmatively covered by the title insurance referred to in paragraph (xi) above (or an endorsement thereto)). The Depositor has not received actual notice with respect to such Mortgage Loan that any mechanics' and materialmen's liens have encumbered such Mortgaged Property since origination that have not been released, bonded, insured against or escrowed for.
Mechanics' and Materialmen's Liens. Tenant shall have no right, authority, or power to bind Landlord or any interest of Landlord in the Premises for any claim for labor or for material or for any other charge or expense incurred in construction of any Improvements or performing any alteration, renovation, repair, refurbishment, or other work with regard thereto, nor to render Landlord's interest in the Premises liable for any lien or right of lien for any labor, materials, or other charge or expense incurred in connection therewith, and Tenant shall in no way be considered as the agent of Landlord in the construction, erection, or operation of any such Improvements. If any liens or claims for labor or materials supplied or claimed to have been supplied to the Premises shall be filed, Tenant shall promptly pay or bond such liens to Landlord's reasonable satisfaction or otherwise obtain the release or discharge thereof.
Mechanics' and Materialmen's Liens. Tenant shall not do or suffer anything to be done whereby the premises shall be encumbered by a lien, and shall, whenever and as often as any lien is filed against the premises purporting to be for labor or material furnished or to be furnished to the Tenant, discharge the same of record within twenty (20) days after the date of filing. Tenant shall indemnify Owner from all actions and costs of suit by any person to enforce a lien, together with any costs and attorney fees incurred by Owner. Tenant may contest the validity of any lien or claim if Tenant shall have posted a bond with adequate surety to insure that immediately upon final determination of validity of the lien or claim Owner shall be paid for any judgment rendered, with all proper costs and charges, and Tenant shall at such time have the lien released without cost to Owner. Notice is hereby given that Owner shall not be liable for any labor or materials furnished or to be furnished to the Tenant on credit, and that no mechanics', materialmen's or other lien for any such labor or material shall attach to or affect the reversionary or other estate or interest of Owner in and to the real estate and improvements which are a part of the premises.
Mechanics' and Materialmen's Liens. Excluding labor or materials provided in connection with the construction of the Building by Landlord, Tenant shall bond, remove or have removed any mechanic's, materialmen's or other lien filed or claimed against any or all of the Premises, by reason of labor or materials provided for or at the request of Tenant of any of its contractors or subcontractors within thirty (30) days of notice of filing said lien.
Mechanics' and Materialmen's Liens. (a) Borrower will certify, or cause the Contractor to certify, to Lender and Title Company, upon request of either of them at any time, and from time to time, as to all materialmen, laborers, subcontractors, suppliers and any other parties who might or could claim statutory or common law liens as a result of furnishing material or labor to the Project or any portion thereof or interest therein, together with evidence satisfactory to Lender and Title Company showing that such parties have been paid (or will be paid from the Advances) all amounts then due for labor and materials. In addition, Borrower will provide or cause to be provided to Title Company all preliminary notices which are filed by laborers, subcontractors, materialmen and suppliers under requirements of Governmental Authority, and notify Lender and Title Company immediately in writing, if Borrower receives any notice, written or oral, from any laborer, subcontractor, materialman or supplier to the effect that said laborer, subcontractor, materialman or supplier has not been paid when due or intends to or has filed any mechanics lien for any labor or materials furnished in connection with the construction of the Improvements.
(b) If, during the construction of the Improvements, a lien is filed against the Project for work performed on or goods and/or services provided to the Project, Lender shall provide Title Company and Borrower with notice of the filing of such lien promptly after Lender obtains knowledge of such filing. If an Event of Default has not occurred and is continuing, Borrower shall have ten (10) Business Days after delivery of Lender's notice to cause such lien to be released from the applicable real property records or to post a bond or provide an indemnity satisfactory to Title Company which will enable Title Company to issue an endorsement to the Title Policy at the time such bond is posted or indemnity delivered insuring over such lien. If Borrower fails to so cause such lien to be released or to post such a bond or deliver such an indemnity, such failure shall be an Event of Default under this Agreement and shall entitle Lender to exercise the remedies set forth in Section 4. If, at the time the lien is filed, an Event of Default shall have occurred and be continuing under this Agreement, the filing of the lien shall be an additional Event of Default under this Agreement and shall entitle Lender to exercise the remedies set forth in Section 4, and Title Company shall be aut...
Mechanics' and Materialmen's Liens. Tenant shall keep the Premises and the Project free from any claims or liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant and Tenant shall immediately notify Landlord of any such claim or lien of which Txxxxx has knowledge. Tenant will pay and discharge any mechanic’s, materialman’s or other lien against the Premises resulting from Txxxxx’s failure to make payment to such lxxxxxx party, or will post bond, cash escrow or other security reasonably required by Landlord and diligently contest the lien. If a lien is claimed and Tenant does not cause it to be removed or contested (together with posting of bond, cash escrow or other security reasonably required by Landlord) within thirty (30) days after notice from Landlord to do so, then Landlord may require that Tenant provide to Landlord, at Tenant’s sole cost and expense, a bond, letter of credit or cash escrow in an amount equal to one and one-half (1.5) times the amount of the lien, to be held until such time as the lien is removed or invalidated and to insure Landlord against any liability for such lien. If Tenant contests the lien, it will do so at its expense in an expeditious manner. If the lien is reduced to final judgment, Tenant will discharge the judgment.
Mechanics' and Materialmen's Liens. As of origination and, to the Depositor's actual knowledge, as of the Closing Date, (A) the related Mortgaged Property is free and clear of any and all mechanics' and materialmen's liens that are not bonded, insured against or escrowed for, and (B) no rights are outstanding that under law could give rise to any such lien that would be prior or equal to the lien of the related Mortgage (unless affirmatively covered by the title insurance referred to in paragraph (xi) above (or an endorsement thereto)). Neither the Depositor nor the Xxxxxx Mortgage Loan Seller has received actual notice with respect to such Mortgage Loan that any mechanics' and materialmen's liens have encumbered such Mortgaged Property since origination that have not been released, bonded, insured against or escrowed for.
Mechanics' and Materialmen's Liens. Tenant will not permit to be placed upon the Premises, the Building, the Common Areas or the Property during the Term, any mechanics' or materialmen's lien or liens caused by or resulting from any work performed, materials furnished or obligations incurred by or at the request of Tenant, and in the case of the filing of any such lien, Tenant promptly will pay or bond around the same so as to obtain the discharge and release thereof. If any such lien or liens are not so discharged and released within twenty (20) days after written notice thereof from Landlord to Tenant (or such shorter period as may be reasonably required by Landlord in the event that a sale or refinancing of the Building may then be pending), Landlord will have the right and privilege, at Landlord's option, of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, will be additional rental hereunder due from Tenant to Landlord and will be repaid to Landlord within ten (10) days after delivery to Tenant of an invoice therefor.
Mechanics' and Materialmen's Liens. TENANT will not create or permit to be created or to remain, and will discharge, any lien (including, but not limited to, the liens of mechanics, laborers, artisans or materialmen for work or materials alleged to be done or furnished in connection with the Leased Premises), encumbrance, or other charge upon the Leased Premises or any part thereof, upon LESSOR's interest therein, or upon TENANT's leasehold interest; provided that TENANT shall not be required to discharge any such liens, encumbrances or charges as may be placed upon the Leased Premises or the Building by the act of LESSOR. Provided that the holder of any deed of trust or mortgage or ground lease with respect to the Building and Property consents thereto in writing and TENANT complies with all requirements of such holders with respect thereto and provides security reasonably acceptable to LESSOR, TENANT shall have the right to contest, in good faith by appropriate legal proceedings, the validity or amount of any mechanic's, laborer's, artisans' or materialmen's lien or claimed lien. On final determination of such lien or such claim for lien, TENANT will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at TENANT's sole expense. TENANT will pay, protect and indemnify LESSOR within ten (10) days after demand therefore, from and against all liabilities, losses, claims, damages, costs and expense, including attorneys' fees (whether incurred at trial, on appeal, or otherwise), incurred by LESSOR by reason of filing of any lien and/or removal of the same.
Mechanics' and Materialmen's Liens. Contractor agrees not to permit any mechanics' or materialmen's or any other lien to be foreclosed upon the Premises or any part or parcel thereof, or the improvements thereon, by reason of any work or labor performed or materials furnished by any mechanic or materialman or for any other reason.
