Common use of Mechanics' and Materialmen's Liens Clause in Contracts

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 authorized to take the corrective actions with respect to such lien; provided, however, unless the existence of such lien places the Project in immediate jeopardy of being foreclosed, Title Company shall obtain the consent of Lender prior to taking any corrective action.

Mechanics' and Materialmen's Liens. (a) Borrower Tenant will certify, or cause the General Contractor to certify, to Lender Landlord 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 Property or any portion thereof or interest therein, together with evidence satisfactory to Lender Landlord and Title Company showing that such parties have been paid (or will be paid from the AdvancesDisbursements) all amounts then due for labor and materials. In addition, Borrower Tenant will provide or cause to be provided to Title Company all preliminary notices which are filed by laborers, subcontractors, materialmen and suppliers under requirements Requirements of Governmental Authority, and notify Lender Landlord and Title Company immediately in writing, if Borrower Tenant 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 ImprovementsTenant Improvement Work. (b) If, during the construction of the ImprovementsTenant Improvement Work, a lien is filed against the Project Property for work performed on or goods and/or services provided to the ProjectProperty, Lender Landlord shall provide Title Company and Borrower Tenant with notice of the filing of such lien promptly after Lender Landlord obtains knowledge of such filing. If an Event of Default has not occurred and is continuing, Borrower Tenant shall have ten twenty (1020) Business Days after delivery of Lender's Landlord’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 Tenant 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 Landlord to exercise the remedies set forth in Section 45.02. 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 Landlord to exercise the remedies set forth in Section 45.02, and Title Company shall be authorized to take the corrective actions with respect to such lien; provided, however, unless the existence of such lien places the Project Property in immediate jeopardy of being foreclosed, Title Company shall obtain the consent of Lender Landlord prior to taking any corrective action.

Mechanics' and Materialmen's Liens. (a) Borrower Tenant will certify, not create or cause the Contractor permit to certify, be created or to Lender and Title Company, upon request of either of them at any timeremain, and from time to timewill promptly discharge, as to all materialmenat its sole cost and expense, laborersany lien, subcontractorsencumbrance or charge upon the LTACH Land, 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 part thereof or interest thereinupon Tenant’s leasehold interest, together which arises out of the use or occupancy of the LTACH Land by Tenant (other than any Leasehold Mortgage arising in accordance with evidence satisfactory to Lender and Title Company showing that such parties have been paid (the terms of this Lease) 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 reason 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 or claimed to have been furnished to Tenant or by reason of any construction, addition, alteration or repair of any part of the Improvements. (b) If, during the construction of the Improvements, a LTACH Land. If any such lien is filed against the Project for work performed on or goods and/or services provided to the ProjectLTACH Land, Lender shall provide Title Company and Borrower with Tenant shall, within sixty (60) days after 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 continuingthereof, 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 authorized to take the corrective actions discharged with respect to the LTACH Land by payment or bonding (provided that, no new bond will be required if the claim arises by, through or under any subcontractor or material supplier of the General Contractor and the General Contractor has provided a payment bond). Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed 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 Leased Property, or any part thereof. 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 Leased Property or any part thereof through or under Tenant, and that no mechanic’s or other liens for any such lien; providedlabor, howeverservices or materials shall attach to or affect the interest of Landlord in and to the Leased Property. After prior written notice to Landlord, unless Tenant shall not be required to discharge or remove any lien referred to in this Section so long as Tenant (or any Subtenant, the existence General Contractor or any direct subcontractor of the General Contractor) shall contest, in good faith and at its expense, the existence, the amount or the validity thereof or the amount of the damages caused thereby by appropriate proceedings which shall operate during the pendency thereof to prevent (i) the collection of, or other realization upon, the lien so contested, (ii) the sale, forfeiture or loss of any of the Leased Property, any Base Rent or any Additional Rent to satisfy the same, (iii) any interference with the use or occupancy of any of the Leased Property, and (iv) any interference with the payment of any Base Rent or any Additional Rent. In no event shall Tenant pursue any contest with respect to any lien that exposes Landlord to any defeasance of its interest in the Leased Property. Tenant agrees that each such contest shall be promptly and diligently prosecuted to a final conclusion, except that Tenant shall have the right to attempt to settle or compromise such contest through negotiations. Tenant shall indemnify and hold Landlord harmless against any and all losses, judgments, decrees and costs (including reasonable attorneys’ fees and expenses) in connection with any such contest and shall, promptly after the final determination of such lien places contest, fully pay and discharge the Project amounts which shall be levied, assessed, charged or imposed or be determined to be payable therein or in immediate jeopardy connection therewith, together with all penalties, fines, interest, costs and expenses thereof or in connection therewith, and perform all acts the performance of being foreclosed, Title Company which shall obtain the consent of Lender prior to taking any corrective actionbe ordered or decreed as a result thereof.

Mechanics' and Materialmen's Liens. (a) Borrower Tenant will certify, or cause the General Contractor to certify, to Lender Landlord 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 Leased Premises or any portion thereof or interest therein, together with evidence satisfactory to Lender Landlord 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 Tenant 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 AuthorityLegal Requirements, and notify Lender Landlord and Title Company immediately in writing, if Borrower Tenant 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 Leased Premises for work performed on or goods and/or services provided to the ProjectLeased Premises, Lender Landlord shall provide Title Company and Borrower Tenant with notice of the filing of such lien promptly after Lender Landlord obtains knowledge of such filing. If an Event of Default has not occurred and is continuingoccurred, Borrower Tenant shall have ten (10) Business Days after delivery of Lender's Landlord’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 Tenant 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 Default. (c) Promptly upon Completion of Construction, Tenant shall provide Title Company with all lien releases and shall entitle Lender other documentation, including but not limited to exercise the remedies set forth in Section 4. Ifindemnities requested by Title Company so that Title Company may issue to Landlord, at the time the lien is filedTenant’s sole cost, an Event updated owner’s policy of Default shall have occurred and be continuing under this Agreementtitle insurance with no exception for any mechanic’s, 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 4materialman’s, and Title Company shall be authorized to take the corrective actions with respect to such or supplier lien; provided, however, unless the existence of such lien places the Project in immediate jeopardy of being foreclosed, Title Company shall obtain the consent of Lender prior to taking any corrective action.