Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. 20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 3 contracts
Samples: Lease Agreement (Biolife Solutions Inc), Lease Agreement (Biolife Solutions Inc), Lease Agreement (Quinton Cardiology Systems Inc)
Mechanics' and Other Liens. 20.1 Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the Director or anyone holding the Collateral or any part thereof through or under the Company. If any mechanic's, laborer's or materialman's lien such Lien shall at any time be filed against filed, the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, TenantCompany shall, within thirty (30) days after notice of the filing thereofthereof but subject to the right to contest as herein set forth, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the Director, by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the Director shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such lien, judgment, attachment or levy Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy, Landlord the Director may, but shall not be obligated under no obligation to, discharge the same either by bonding proceedingspaying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if permitted by law (and if not so permitted, by deposit in court). Any amount so any shall be paid by Landlord, including all costs and expenses paid by Landlord in connection therewiththe Company to the Director on demand, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Interest Rate for Advances from the respective dates of Landlord's so paying any such amountdate thereof, cost or expense, shall constitute additional rent payable in addition to all other payments to be made by Tenant under this Lease the Company pursuant to the Loan Documents and shall be paid subject to and secured by Tenant to Landlord on demandthis Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 3 contracts
Samples: Security Agreement (Guitammer Co), Security Agreement (Guitammer Co), Security Agreement (Guitammer Co)
Mechanics' and Other Liens. 20.1 If Tenant shall have no authority, express or implied, to create or place any mechanic'slien or encumbrance of any kind or nature whatsoever upon, laborer's or materialman's lien shall at in any time be filed against manner to bind, the interest of Landlord in the Leased Premises, the Building or the Property or to charge the Rent payable hereunder for any part thereof claim in favor of any person dealing with respect Tenant, 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 Tenant by this Lease. Tenant covenants and agrees that it will pay or cause to be paid all sums due and payable by it on account of any labor performed or materials furnished in connection with any work doneperformed on the Leased Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Leased Premises or the improvements thereon and that it will save and hold Landlord harmless from and against any and all loss, liability, cost or labor expense based on or materials furnishedarising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Leased Premises, the Building or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or under the terms of this Lease. Tenant will not permit any part thereof construction or mechanic’s lien or liens or any other liens which may be imposed by anyone claiming through law affecting Landlord’s or under its mortgagees’ interest in the Leased Premises, the Building or the Property to be placed upon the Leased Premises, the Building or the Property arising out of any action or claimed action by Tenant, Tenant, within and in case of the filing of any such lien Tenant will promptly pay same. If any such lien shall remain in force and effect for thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall cause be so much Additional Rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of xxxx therefore. Notwithstanding the same to be discharged of record by paymentforegoing, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail have the right to cause contest any such lienlien in good faith and with all due diligence so long as any such contest, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord action taken in connection therewith, together with protects the interest thereon at of Landlord and Landlord’s mortgagee in the rate of 18% per annum (or, if lowerLeased Premises, the maximum rate permitted by law) from Building and the respective dates of Landlord's so paying Property, and Landlord and any such amountmortgagee are, by the expiration of said thirty (30) day period, furnished such protection, and indemnification against any loss, liability, cost or expense, shall constitute additional rent payable by Tenant under this Lease expense related to any such lien and shall be paid by Tenant the contest thereof as are satisfactory to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesmortgagee.
Appears in 2 contracts
Samples: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against (a) Lessee covenants and agrees to keep all of the Property or any leased premises and every part thereof with respect to and all buildings and other improvements thereon free and clear of and from any and all mechanics’, materialmen’s and other liens for work or labor done, services performed, materials, appliances, teams or labor power contributed, used or materials furnished, or caused furnished to be furnishedused in or about said premises for or in connection with any operations of the Lessee, by Tenant any alteration, improvement or anyone claiming through repairs or under Tenantadditions which Lessee may make or permit or cause to be made, or any judgmentwork or construction, attachment by, for or levy is filed permitted by Lessee on or recorded about the leased premises, and at all times promptly and fully to pay and discharge any and all claims upon which any such lien may or could be based, and to save and hold the Lessor and all of the leased premises and all buildings and improvements thereon free and harmless of and from any and all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessee covenants and agrees to give Lessor written notice not less than ten (10) days in advance of the commencement of any construction, alteration, addition, improvement or repair costing in excess of Two Thousand Dollars ($2,000) in order that Lessor may post appropriate notices of Lessor’s non-responsibility. Lessee further agrees that if so requested by Lessor it will obtain, at its sole expense, a corporate surety bond satisfactory to Lessor sufficient to protect the leased premises against any mechanics’, materialmen’s or other liens of the Property or type hereinbefore described in this paragraph 9(a).
(b) If Lessee desires to contest any part thereof by anyone claiming through or under Tenantsuch lien, Tenant, it shall notify Lessor of its intention so to do within thirty ten (3010) days after notice of the filing thereofof such lien. In such case Lessee shall not be in default hereunder, and Lessor shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause not satisfy and discharge such lien, judgmentuntil five (5) days after the final determination of the validity thereof, attachment or levy when Lessee shall satisfy and discharge such lien to be discharged within the period aforesaidextent held valid, thenbut the satisfaction and discharge of any such lien shall not, in addition any case, be delayed until execution is had upon any judgment rendered thereon, and such delay shall be a default of Lessee hereunder. In the event of any such contest Lessee shall protect and indemnify Lessor against all loss, cost, expense and damage resulting therefrom and, upon receipt of notice so to do, shall furnish Lessor a corporate surety bond satisfactory to Lessor, in double the amount of the lien contested, conditioned that Lessee shall satisfy and discharge such lien and shall protect and indemnify Lessor as herein required.
(c) No mechanics’ or materialmen’s liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Lessee shall in any way, or to any other right extent, affect the interest or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate rights of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed Lessor in any way as constituting buildings or other improvements on the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premisesleased premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion its title to or estate or interest of Landlord rights in and to the Demised Premisessaid premises.
Appears in 2 contracts
Samples: Sublease Agreement (Kodiak Sciences Inc.), Sublease Agreement (Kodiak Sciences Inc.)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Leased Premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this Lease. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 Leased Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Leased Premises or the furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Leased Premises or under the terms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the Leased Premises or the Building to be placed upon the Leased Premises or the Building arising out of any materials for any specific improvementaction or claimed action by Tenant, alteration to or repair and in case of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest such lien Tenant will promptly pay same. If any such lien shall remain in the Demised Premises. Notice is hereby given that force and effect for twenty (20) days after written notice thereof from Landlord to Tenant, Landlord shall not be liable for have the right and privilege of paying and discharging the same or any labor or materials furnished or portion thereof without inquiry as to be furnished to Tenant upon creditthe validity thereof, and that no mechanic's or other lien for any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of xxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord's mortgagee in the Leased Premises, and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such mortgagee.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Leased Premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this Lease. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 Leased Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Leased Premises or the furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Leased Premises or under the terms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the Leased Premises or the Building to be placed upon the Leased Premises or the Building arising out of any materials for any specific improvementaction or claimed action by Tenant, alteration to or repair and in case of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest such lien Tenant will promptly pay same. If any such lien shall remain in the Demised Premises. Notice is hereby given that force and effect for twenty (20) days after written notice thereof from Landlord to Tenant, Landlord shall not be liable for have the right and privilege of paying and discharging the same or any labor or materials furnished or portion thereof without inquiry as to be furnished to Tenant upon creditthe validity thereof, and that no mechanic's or other lien for any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of xxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord's mortgagee in the Leased Premises, and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such mortgagee.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, by inference to create or otherwise, to place any contractor, subcontractor, laborer lien or materialman for the performance encumbrance of any labor kind or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premisesnature whatsoever upon, or in any part thereofmanner to bind, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in the leased premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or cause to be paid 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 leased premises on which any lien is or can be validly and legally asserted against its leasehold interest in the leased premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the leased premises or under the terms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the leased premises or the Building to be placed upon the leased premises or the Building arising out of any action or claimed action by Tenant, and in case of the filing of such lien Tenant will promptly pay same. If any such lien shall remain in force and effect for twenty (20) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the same or any portion thereof without inquiry as to the Demised Premisesvalidity thereof, and amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of bxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such lien in good faith and with all due diligence so long as any such contest, or action and any such mortgagee are, by the expiration of said twenty (20) day period, the Tenant has furnished such protection, and indemnification against any loss, liability, cost or expense related to any such lien and the contest thereof as are satisfactory to Landlord and any such mortgagee.
Appears in 2 contracts
Samples: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)
Mechanics' and Other Liens. 20.1 12.01. Tenant shall not suffer any mechanic's or materialmen's lien to be filed against the Premises, or any part thereof, by reason of work, labor, services or materials performed by or furnished to Tenant or anyone holding any part of the Premises under Tenant. If any mechanic's, laborer's or materialman's such lien shall at any time be filed against the Property or any part thereof with respect to any work donefiled, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenantshall, within thirty (30) days after notice of the filing thereof, shall cause the same such lien to be discharged of record by payment, deposit, or by bond, or by order of a court of competent jurisdiction jurisdiction, or otherwiseotherwise or shall commence the contest of said lien and provide Landlord with reasonably adequate security against such contested claim. If Tenant In the event of Tenant's failure to discharge or commence contest of any such lien within such period, Landlord shall fail to cause such lienhave the right and privilege, judgmentat Landlord's option, attachment of removing said lien by paying the full amount thereof or levy to be discharged within the period aforesaid, then, by bonding or in addition to any other right manner Landlord deems appropriate, without investigating the validity thereof and irrespective of the fact that Tenant may contest the propriety or remedythe amount thereof, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any any amount so paid by Landlordpaid, including any attorneys' fees and all costs expenses connected therewith and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) set forth in paragraph 3.04 on any sums paid or advanced shall be deemed to be additional Rent due from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease to Landlord and shall be paid by Tenant repaid to Landlord immediately on demandrendition to Tenant of a statement therefor. Tenant will defend, indemnify and save harmless Landlord from and against all loss, claims, damages, costs or expenses suffered by Landlord by reason of any repairs, installations or improvements made by Tenant.
20.2 12.02. Nothing contained in this Lease shall be deemed construed to authorize Tenant, or construed in any way as constituting the consent person dealing with or request of Landlord, express or implied, by inference or otherwiseunder Tenant, to any contractorcharge the Rents of the Premises, subcontractor, laborer or materialman for the performance of any labor or the furnishing interest of any materials for any specific improvement, alteration to or repair Landlord in the estate of the Demised Premises, or the interest of Landlord in the Premises or any part thereof, with a mechanics' or as giving materialmen's lien or with any other lien of similar kind whatsoever, and under no circumstances shall Tenant any rightbe construed to be the agent, power employee or authority to contract for or permit representative of Landlord in the rendering making of any services alterations to or improvements on the furnishing Premises, but on the contrary, the right or power to charge or impose any lien or claim of any materials that would give rise to the filing of any mechanic's liens kind whatsoever against Landlord's Rents or against the Premises or against any part thereof is hereby denied.
12.03. Tenant shall not create or suffer to be created or imposed a security interest, encumbrance, mortgage or any other lien of any kind whatsoever against or on the Premises or against or on any improvements, additions or other construction made by Tenant on or to the Premises or against or on any equipment or fixtures installed by Tenant therein (other than Tenant's Property as defined above, its inventory and its interest in this Lease), and should any security interest or lien be created or imposed in breach of the Demised Premises. Notice is hereby given that foregoing provisions, Landlord shall not be liable for any labor or materials furnished or entitled to be furnished to Tenant upon credit, discharge the same by exercising the rights and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesremedies afforded it under paragraph 12.01.
Appears in 2 contracts
Samples: Lease Agreement (Pra International Inc), Lease Agreement (Pra International Inc)
Mechanics' and Other Liens. 20.1 21.1 If any mechanic's’s, construction, laborer's ’s or materialman's ’s lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) 30 days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by LandlordLxxxxxxx, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 1815% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's ’s so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 21.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's ’s or construction liens against Landlord's Lxxxxxxx’s interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's ’s or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 2 contracts
Samples: Lease Agreement (PishPosh, Inc.), Lease Agreement (PishPosh, Inc.)
Mechanics' and Other Liens. 20.1 If Tenant shall have no power to do any act or make any contract which may create or be the foundation for any lien, mortgage or other encumbrance upon the reversion or other estate of the Landlord, or upon any interest of Landlord in the demised premises, it being agreed that, should Tenant cause any alterations, rebuildings, replacements, changes, additions, improvements or repairs to be made to the demised premises, or cause any labor to be performed or material to be furnished therein, thereon or thereto, neither Landlord nor the demised premises shall under any circumstances be liable for the payment of any expense incurred or for the value of the work done or material furnished, but all such alterations, rebuildings, replacements, changes, additions, improvements and repairs, and labor and material, shall be made, furnished and performed at Tenant’s expense, and Tenant shall be solely and wholly responsible to contractors, laborers, and material men furnishing and performing such labor and material. If, because of any act or omission (or alleged act or omission) of Tenant, any mechanic's’s or other lien, laborer's charge, or materialman's lien order for the payment of money shall at any time be filed against the Property demised premises or against Landlord or any part thereof with respect to conditional xxxx of sale or chattel mortgage shall be filed for or affecting any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, equipment. or any judgmentmaterials used in the construction or alteration of any improvements (whether or not such lien, attachment charge order, conditional xxxx of sale or levy chattel mortgage is filed valid or recorded against the Property or any part thereof by anyone claiming through or under Tenantenforceable as such), TenantTenant shall, within thirty (30) days after notice of the filing thereof, shall at its own cost and expense cause the same to be canceled and discharged of record by payment, deposit, bond, order or bonded within ten (10) business days after notice of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demandfiling thereof.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 2 contracts
Samples: Lease Agreement (Glenrose Instruments Inc.), Lease Agreement (Glenrose Instruments Inc.)
Mechanics' and Other Liens. 20.1 SECTION 16.01. If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property Premises or the Facility or any part thereof with respect to any work done, or caused to be done, or labor or materials furnished, or caused to be furnished, by Tenant Lessee or anyone claiming through or under TenantLessee, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, TenantLessee, within thirty ten (3010) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Lessee shall fail to cause such lien, judgment, attachment or levy lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord Lessor may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by LandlordLessor, including all costs and expenses paid by Landlord Lessor in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, all the maximum legal rate permitted by law) from the respective dates of LandlordLessor's so paying any and such amount, cost or expense, shall constitute additional rent Additional Rent payable by Tenant Lessee under this Lease and shall be paid by Tenant Lessee to Landlord Lessor on demand.
20.2 SECTION 16.02. Nothing contained in this Lease contained shall be be, deemed or construed in any way as constituting the consent or request of LandlordLessor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereofthereof or any appurtenance thereto, or nor as giving Tenant Lessee any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlordthe Facility, any part thereof, or Lessor's interest in the Demised Premisestherein. Notice is hereby given that Landlord Lessor shall not be liable for any labor or materials furnished or to be furnished to Tenant Lessee upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord Lessor in and to the Demised PremisesPremises or the Facility.
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Mechanics' and Other Liens. 20.1 If Section 901. Tenant shall not suffer or permit any mechanic's, laborer's liens or materialman's lien shall at any time other liens to be filed against the Property Demised Premises or the Development Improvements, or any part thereof, or against Tenant's leasehold estate therein, or against the Development Improvements by reason of any work, labor, services or materials done for, or supplied to, Tenant or anyone holding the Demised Premises or Development Improvements (except work or services provided to the Landlord) or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, Tenant or any judgmentother reason. If any such lien shall be filed at any time, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, Tenant shall cause the same to be discharged of record within ninety (90) days after the date of filing the same, by either payment, deposit, deposit or bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause discharge any such lien within such period and has failed to commence any legal action to discharge any such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition addition, to any other right or remedyremedy of Landlord, Landlord may, but shall not be obligated to, procure the discharge of the same by bonding proceedings, if permitted by law (and if not so permitted, either by deposit in court)court or by bond and/or Landlord shall be entitled, at Landlord's option, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowance. Any amount so paid by Landlord, including all costs and expenses paid by Landlord for any of said purposes, and all reasonable counsel fees, in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying defending any such amount, cost action or expense, in procuring the discharge of any such lien shall constitute additional rent become due and payable by Tenant under this Lease and shall be paid forthwith by Tenant to Landlord on demand.
20.2 Nothing contained in Landlord, and failure to pay same within thirty (30) days of Tenant's receipt of billing therefor and notice of demand for payment thereof shall be a default of this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, Agreement subject to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised PremisesArticle XI hereof.
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Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, the Building or any part of any of them or Landlord’s interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant, but not to the extent resulting from the acts or any judgmentomissions of Landlord or Landlord’s agents or employees) which is or may become a lien upon the Premises, attachment or levy is filed or recorded against the Property Property, the Building or any part thereof by anyone claiming through of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demandwithin thirty (30) days after specifically detailed demand therefor.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Building or the Property or any part thereofof any of them, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any of them.
(e) Promptly after the completion of any work or the delivery of any material to the filing Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and paid for to date and, upon completion of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given project, an affidavit from its contractor that Landlord shall not be liable it and all subcontractors and materialmen hired by it have been paid for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and all work done with respect to the Demised Premisesproject. With respect to any project that is bonded, prior to the commencement of any work Tenant shall also provide Landlord with a copy of a Waiver of Liens from its contractor which has been filed with the Prothonotary of Xxxxxxx County, Pennsylvania.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost BioLife lease 4/1/2008 or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, the Building or any part of any of any of them or Landlord's interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant) which is or may become a lien upon the Premises, or any judgmentthe Property, attachment or levy is filed or recorded against the Property Building or any part thereof by anyone claiming through of any of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty ten (3010) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on within fifteen (15) days after demand.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Building or the Property or any part of any thereof, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof.
(e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called "Waiver of Liens") from each such contractor in form satisfactory to Landlord, bearing a stamp from the Prothonotary's Office in Xxxxxxx County indicating the timely filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon creditWaiver of Liens under the Mechanics Lien Law of Pennsylvania, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises49 P.S.A. '14.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 (a) With respect to any work performed by Tenant in furnishing or equipping the Premises hereunder, and with respect to any alterations performed pursuant to Section 10.4, Tenant will not permit to be created and has no authority to permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by a contractor, subcontractor, mechanic, laborer or materialman, or any mortgage, security agreement or otherwise by or for Tenant), which might be or become a lien or encumbrance or charge upon the Premises, or Tenant's leasehold estate therein, the Project or any income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Project might be encumbered or impaired.
(b) If any mechanic'smechanics' lien on account of any alleged debt of Tenant, laboreror any person acting on Tenant's or materialman's lien behalf, shall at any time be filed against the Property Premises, the Project or any part thereof with respect income therefrom, Tenant shall take and diligently prosecute appropriate action to any work done, have the same discharged or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under bonded and released of record at Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, 's sole expense within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien. Upon Tenant's failure so to do, judgment, attachment or levy to be discharged within the period aforesaid, thenLandlord, in addition to any other right or remedyremedy that it may have, Landlord maymay cause said lien to be discharged or bonded and take such other action as may be reasonably necessary to protect its interest, but and Tenant shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses pay any amounts paid by Landlord in connection therewithwith such action, and all reasonable legal and other costs and expenses incurred by Landlord in connection therewith (including reasonable attorneys' fees, court costs (if awarded post-judgment) and other necessary disbursements). Any such amounts paid by Landlord and the amount of any such expenses or costs incurred by Landlord, if not paid by Tenant to Landlord within thirty (30) days after the date Tenant receives written notice and verification from Landlord of the amount thereof and demand for payment of the same, shall, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Default Rate from the respective dates date of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable the receipt by Tenant under this Lease of the aforesaid written notice to the date of payment thereof by Tenant, be treated as Additional Rent, and shall be paid payable by Tenant to Landlord on not later than thirty (30) days after the giving of such written notice and demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord.
20.2 (c) Tenant shall promptly pay all persons furnishing labor or materials with respect to any work performed by or on behalf of Tenant in, on or about the Premises. No work which Landlord permits Tenant to perform shall be deemed to be for the immediate use and benefit of Landlord so that no mechanics or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. This Lease expressly provides that the interest of Landlord shall not be subject to liens for improvements made for or on behalf of Tenant, and Tenant shall notify each of Tenant's contractors of the foregoing provisions.
(d) To the extent permitted by law, Landlord shall have the right to post such other notices as Landlord may reasonably deem to be appropriate for the protection of its interests in the Premises. The provisions of this Section 2.9 shall apply with respect to any work performed by or on behalf of Tenant in, on or about the Premises during the Term thereof. Nothing contained in this Lease Section 2.9 shall be deemed to relieve Landlord from its responsibility for any liens resulting from Landlord's (or construed in any way as constituting the consent its affiliate's or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the agent's) performance of any labor or construction at the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised PremisesProject.
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Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic'sencumbrance against the Premises, laborer's or materialman's lien shall at any time be filed against the Building, the Property or any part of any of them or Landlord’s interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant) which is or may become a lien upon the Premises, or any judgmentthe Building, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty ten (3010) business days after notice Tenant obtains actual knowledge of the filing thereofsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on within fifteen (15) days after demand.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to or repair of lien could be filed against the Demised Premises, the Building or the Property or any part thereofof any of them, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any of them.
(e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form attached hereto as Exhibit “H”, bearing a stamp from the Prothonotary’s Office in Xxxxxxx County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. Section 14.02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any mechanic's liens and all lien rights that it or any of them may have against Landlord's ’s interest in the Demised PremisesProperty or any part thereof. Notice is hereby given that Landlord Tenant shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, file the Waivers of Liens at Tenant’s sole cost and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesexpense.
Appears in 1 contract
Samples: Lease Agreement (MEDecision, Inc.)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord or Tenant in the Premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the Leasehold interest granted to Tenant by inference this instrument. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense including attorney's fees and costs, based on or arising out of any materials for any specific improvementasserted claims or liens against the leasehold estate or against the right, alteration to or repair title and interest of the Demised Premises, Landlord in the Premises or under the terms of this Lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the Premises or any building or other improvement of which the Premises are a part thereofto be placed upon the Premises or any building or improvement thereon during the term hereof, or as giving Tenant any right, power or authority to contract for or permit the rendering and in case of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens such lien Tenant will promptly pay same. If any such lien shall remain in force and effect for twenty (20) days after written notice thereof from Landlord to Tenant and Tenant has not provided such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of companies or individuals of substance) as Landlord shall reasonably require to protect Landlord against any loss from any such lien, Landlord shall have the right and privilege at Landlord's interest in option of paying and discharging the Demised Premisessame or any 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 Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor. Notice is hereby given that Landlord Notwithstanding the foregoing, Tenant shall not be liable for any labor or materials furnished or have the right to be furnished to Tenant upon credit, and that no mechanic's or other lien for contest any such labor lien in good faith and with all due diligence so long as any such contest or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord's mortgagee in the Premises and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such lien and the Demised Premisescontest thereof as are subjectively satisfactory to Landlord and any such mortgagee.
Appears in 1 contract
Samples: Lease Agreement (Dt Industries Inc)
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic'sencumbrance against the Building, laborer's or materialman's lien shall at any time be filed against the Property or any part of either of them or Landlord’s interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant) which is or may become a lien upon the Building, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through of either of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty ten (3010) business days after notice Tenant obtains actual knowledge of the filing thereofsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on within fifteen (15) days after demand.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Building or repair of the Demised Premises, Property or any part of any thereof, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Building, the Property or any part of either thereof.
(e) Prior to commencement of any work or the delivery of any material to the Building by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form attached hereto as Exhibit “H”, bearing a stamp from the Prothonotary’s Office in Xxxxxxx County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. Section 14.02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any mechanic's liens and all lien rights that it or any of them may have against Landlord's ’s interest in the Demised PremisesProperty or any part thereof. Notice is hereby given that Landlord Tenant shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, file the Waivers of Liens at Tenant’s sole cost and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesexpense.
Appears in 1 contract
Samples: Lease Agreement (MEDecision, Inc.)
Mechanics' and Other Liens. 20.1 If 25.1 Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, or any part of any thereof with respect or of Landlord's interest therein.
25.2 Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant, other than work, materials, equipment or supplies furnished by Landlord) which is or may become a lien upon the Premises, the Property, or any judgment, attachment part of any thereof or levy is filed or recorded against the Property income therefrom or any part thereof by anyone claiming through fixture, equipment or under Tenantsimilar property therein.
25.3 If any lien or claim shall be filed, Tenant, Tenant shall within thirty twenty (3020) days after receiving notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord and all of Landlord's actual costs and expenses, including all costs and expenses paid reasonable attorneys' fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, making of the payment or incurring of the cost or expense, shall constitute additional rent Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
20.2 Nothing 25.4 Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Property or any part of any thereof, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise to for which any lien could be filed against the filing Premises, the Property or any part of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesthereof.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If (a) Tenant shall have no authority, express or implied, to create or place any mechanic's, laborer's lien or materialman's lien shall at encumbrance of any time be filed against the Property kind or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenantnature whatsoever upon, or any judgmentmanner to bind, attachment the interest of Landlord in the Leased Premises or levy to charge the Rent payable hereunder by Tenant for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor, construction or repairs for Tenant, and each such claim shall affect under contract with Tenant and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant pursuant to this Lease. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of labor performed or materials furnished in connection with any work performed on the Leased Premises under contracts executed by Tenant on which any lien is filed or recorded can be validly and legally asserted against its leasehold interest in the Leased Premises or the Improvements, and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Property leasehold estate of Tenant or against the right, title and interest of Landlord in the Leased Premises or under the terms of this Lease. Tenant will not permit any mechanic's lien or liens or any part thereof other liens which may be imposed by anyone claiming through law affecting Landlord's or under its Mortgagees' interests in the Leased Premises or the Improvements to be placed upon the Leased Premises or the Improvements arising out of any action or claimed action by Tenant, Tenant, within and in case of the filing of any such lien Tenant will promptly pay or discharge the same. If any such lien shall remain in force and effect for thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof without inquiry as to the validity thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to and any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not amounts so permitted, by deposit in court). Any amount so paid by Landlordpaid, including all costs expenses and expenses paid by Landlord in connection therewithinterest, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord, as additional rent hereunder, immediately on rendition of xxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such lien in good faith and with all due diligence so long as any such contest, or action taken in connection therewith protects the interests of Landlord on demandand any Mortgagee in the Leased Premises and the Land, and Landlord and any such Mortgagee are, by the expiration of said thirty (30) day period, furnished such reasonable protection, and reasonable indemnification against any loss, liability, cost or expense related to any such lien and the contest thereof as are reasonably satisfactory to Landlord and any such Mortgagee.
20.2 Nothing contained in (b) To secure the payment of all rentals and other sums of money becoming due from Tenant under this Lease, Landlord shall have, and Tenant grants to Landlord, a first lien upon the leasehold interest of Tenant under this Lease shall and upon any inventory, equipment and other personal property owned or leased by Tenant or any subtenant now or hereafter located at the Premises, which lien may be deemed or construed enforced in any way as constituting equity. Notwithstanding the consent or request of Landlordforegoing, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for provided that Tenant is not in default hereunder (following the performance expiration of any labor applicable notice and cure periods), Landlord agrees that it shall agree to waive any lien it may have as to specific personal property being financed or refinanced, including, without limitation, the furnishing aircraft being stored in the Premises (and any replacement thereof), if so requested by any financial institution financing or refinancing such personal property (the "Personal Property Lender"). Landlord further agrees that, if so requested by any Personal Property Lender, Landlord shall waive any lien it may have against such personal property by signing and delivering to the Personal Property Lender a written waiver of such lien, in form and substance reasonably acceptable to Landlord and its counsel; provided, however, that in no event shall Landlord be required by such Personal Property Lender to undertake any materials for any specific improvement, alteration obligations or responsibility to the Personal Property Lender or repair with respect to the personal property which is the subject of the Demised Premiseswaiver. Rather, or any part thereof, or as giving Tenant any right, power or authority the parties agree that the intention of this Section 21 (b) is to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given require only that Landlord shall not be liable for agree to waive any labor lien it may have against specific personal property being financed or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for refinanced if so requested by any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised PremisesPersonal Property Lender.
Appears in 1 contract
Samples: Lease Agreement
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this instrument. Tenant covenants and agrees that it will pay or otherwise, case to any contractor, subcontractor, laborer or materialman for the performance be paid 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 furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of any materials for any specific improvementasserted claims o liens against the leasehold estate or against the right, alteration to or repair title and interest of the Demised Premises, Landlord in the premises or under the terms of this lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagee's interest in the premises or any building or other improvement of which the premises are a part thereofto be placed upon the premises or any building or improvement thereon during the term hereof, or as giving Tenant any right, power or authority to contract for or permit the rendering and in case of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against such lien Tenant will promptly pay same. If any such lien shall remain in force and effect for twenty (20) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege at Landlord's interest in option of paying and discharging the Demised Premises. Notice is hereby given that Landlord shall not be liable for same or any labor or materials furnished or portion thereof without inquiry as to be furnished to Tenant upon creditthe validity thereof, and that no mechanic's or other lien for any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord's mortgagee in the premises and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such mortgagee.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If 16.1. Tenant covenants that it shall not (and has no authority to) create or allow any mechanic'sencumbrance against the Premises, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenantthe Buildings, or any judgmentpart of any thereof or Landlord's interest therein.
16.2. Tenant covenants that it shall not suffer or permit to be created, attachment or levy to remain, any lien or claim thereof (arising out of any work done or services, material, equipment or supplies furnished for or at the request of Tenant or by or for any contractor or subcontractor of Tenant) which is filed or recorded against may become a lien upon the Premises, the Property or the Buildings, or any part of any thereof by anyone claiming through or under Tenantthe income therefrom or any fixture, Tenantequipment or similar property therein.
16.3. If any lien or claim shall be filed, Tenant shall within thirty (30) 15 days after Tenant receives notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record (by bonding or otherwise) within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingsposting a bond, if permitted by law (and that method is reasonably practicable, or, if posting a bond is not so permittedreasonably practicable, by payment, deposit in court)or otherwise. Any amount amounts so paid by LandlordLandlord and all reasonable costs and reasonable expenses, including all costs and expenses paid reasonable attorneys' fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, making of the payment or incurring of the cost or expense, shall constitute additional rent Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
20.2 Nothing 16.4. Notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Buildings or the Property or any part of any thereof, or nor as giving Tenant any right, power power, or authority (beyond those set forth in this Lease) to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise to for which any lien could be filed against the filing Premises, the Buildings, or the Property or any part of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesthereof.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If 25.1 Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, or any part of any thereof with respect or of Landlord’s interest therein.
25.2 Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the Premises, the Property, or any judgment, attachment part of any thereof or levy is filed or recorded against the Property income therefrom or any part thereof by anyone claiming through fixture, equipment or under Tenantsimilar property therein.
25.3 If any lien or claim shall be filed, Tenant, Tenant shall within thirty ten (3010) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
20.2 Nothing 25.4 Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Property or any part of any thereof, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise to for which any lien could be filed against the filing Premises, the Property or any part of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesthereof.
Appears in 1 contract
Samples: Office Lease (Active Network Inc)
Mechanics' and Other Liens. 20.1 Section 12.1 Tenant shall not suffer or permit any mechanic's or other liens to be filed against the Demised Premises, or any part thereof, or against Tenant's leasehold estate therein, by reason of any work, labor, services or materials done for, or supplied, or claimed to have been done for, or supplied to, Tenant or anyone holding the Demised Premises or any part thereof through or under Tenant. If any such mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work doneDemised Premises, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall promptly cause the same such mechanic's lien to be discharged of record by either payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause discharge of record any such lienmechanic's lien within 60 days after Tenant receives notice thereof, judgment, attachment or levy to within such shorter period of time as may be discharged within the period aforesaid, required under any Fee Mortgage (but not less than 30 days) then, in addition to any other right or remedyremedy of Landlord, Landlord may, but shall not be obligated to, procure the discharge the same by bonding proceedingsof such lien of record, if permitted by law (and if not so permittedTenant shall, by deposit in court). Any amount so paid within 20 days after, written demand by Landlord, including reimburse Landlord for all costs and expenses paid (including reasonable attorney's fees) reasonably 169 incurred by Landlord in connection therewith, discharging such lien of record together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Interest Rate from the respective dates date of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable demand by Tenant under this Lease and shall be Landlord until paid by Tenant to Landlord on demandTenant.
20.2 Section 12.2 Nothing contained in this Lease lease shall be deemed to be, or construed in any way as constituting constituting, the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman third party for the performance of any labor or the furnishing of any materials or equipment for any specific improvementconstruction, alteration to rebuilding, alteration, improvement or repair of or to the Demised Premises, Premises or any part thereof, or nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would or equipment which might in any way give rise to the filing of right to file any mechanic's liens lien against Landlord's interest in the Demised Premises. Notice is Landlord hereby given that Landlord shall not be liable for any gives notice to all persons who may furnish labor or materials furnished or to be furnished to Tenant upon credit, and at the Demised Premises that no Landlord does not consent to the filing of any mechanic's or other lien for any such labor or materials shall attach to or affect the reversion against Landlord's interest or estate or interest of Landlord in and to the Demised Premises, and that all persons furnishing labor and materials to Tenant shall look solely to Tenant's credit and such security as Tenant may furnish for the payment of all such labor and materials.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Coin Merchandising Inc)
Mechanics' and Other Liens. 20.1 If any mechanic's’s, laborer's ’s or materialman's ’s lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's ’s so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's ’s liens against Landlord's ’s interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's ’s or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If If, because of any work done in or on or any materials furnished to the Premises at the instance of Tenant, or because of any other act or failure to act on the part of Tenant or any person for whom Tenant is legally responsible, any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment tax or levy is other lien shall be filed or recorded for record against the Property Premises, then regardless of whether such lien is valid or any part thereof by anyone claiming through or under Tenantenforceable as such, TenantTenant shall, at its own expense, cause such lien to be discharged within thirty (30) days after written notice of the filing thereoffrom Landlord, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bonding proceedings or otherwise. In addition, Tenant shall indemnify and hold harmless Landlord from any claim, damage, loss, liability, settlement, judgment or other cost and expense, including attorneys' fees, resulting from or by reason of any such lien. If Tenant shall fail to take such actions as shall cause such lien, judgment, attachment or levy lien to be discharged within the period aforesaid, then, in addition to any other right or remedysaid thirty (30) day period, Landlord may, but shall not be obligated toat its option, pay the amount of such lien or may discharge the same by bonding proceedings and, in the event of such bonding proceedings, if permitted by law (and if not so permitted, by deposit in court)Landlord may require the lienor to prosecute the appropriate action to enforce the lienor's claim. Any such amount so paid or expense incurred by Landlord, including all costs and expenses or any expense incurred or sum of money paid by Landlord by reason of the failure of Tenant to comply with the foregoing provisions of this paragraph, or in connection therewithdefending any such action, shall become immediately due and payable as additional rent by Tenant to Landlord, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Default Rate thereon from the respective dates date of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable payment by Tenant under this Lease and shall be Landlord until paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed Tenant. Any such payment or construed in any way as constituting the consent or request of Landlord, express or implied, discharge by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or deemed to be furnished to Tenant upon credit, and that no mechanic's a waiver of any other rights which Landlord may have under the provisions of this Lease or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesas provided by law.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 Except for Permitted Encumbrances, the Company shall not suffer or permit any mechanics' or other Liens to be filed or to exist against the Collateral or any payments paid or payable under the Loan Documents, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for or in connection with the Collateral or to the Company, the (name of local jurisdiction) or anyone holding the Collateral or any part thereof through or under the Company. If any mechanic's, laborer's or materialman's lien such Lien shall at any time be filed against filed, the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, TenantCompany shall, within thirty (30) days after notice of the filing thereofthereof but subject to the right to contest as herein set forth, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant Notwithstanding the foregoing, the Company shall have the right, at the Company's expense and after written notice to the (name of local jurisdiction), by appropriate proceeding timely instituted and diligently prosecuted, to contest in good faith the validity or the amount of any such Lien. If, however, the (name of local jurisdiction) shall notify the Company that, in the opinion of Independent Counsel, by nonpayment of any such items the lien, pledge or security interest created by this Security Agreement as to any part of the Collateral will be materially affected or the Collateral or any part thereof will be subject to imminent loss or forfeiture, the Company shall promptly cause such Lien to be discharged of record, as herein provided. Should the Company fail to cause such lien, judgment, attachment or levy Lien to be discharged or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedy, Landlord the (name of local jurisdiction) may, but shall not be obligated under no obligation to, discharge the same either by bonding proceedingspaying the claim or by procuring the discharge of such Lien by making a deposit or obtaining a bond, which advances if permitted by law (and if not so permitted, by deposit in court). Any amount so any shall be paid by Landlord, including all costs and expenses paid by Landlord in connection therewiththe Company to the (name of local jurisdiction) on demand, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Interest Rate for Advances from the respective dates of Landlord's so paying any such amountdate thereof, cost or expense, shall constitute additional rent payable in addition to all other payments to be made by Tenant under this Lease the Company pursuant to the Loan Documents and shall be paid subject to and secured by Tenant to Landlord on demandthis Security Agreement as additional indebtedness in accordance with the provisions of Section 2.8 hereof.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 1 contract
Samples: Security Agreement
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic'sencumbrance against the Building, laborer's or materialman's lien shall at any time be filed against the Property or any part of either of them or Landlord’s interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant, ) which is or any judgment, attachment or levy is filed or recorded against may become a lien upon the Building the Property or any part thereof by anyone claiming through of either of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty ten (3010) business days after notice Tenant obtains actual knowledge of the filing thereofsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on within fifteen (15) days after demand.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Building or repair of the Demised Premises, Property or any part of any thereof, or ; nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Building, the Property or any part of either thereof.
(e) Prior to commencement of any work or the delivery of any material to the Building by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form attached hereto as Exhibit “H”, bearing a stamp from the Prothonotary’s Office in Xxxxxxx County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. Section 14.02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any mechanic's liens and all lien rights that it or any of them may have against Landlord's ’s interest in the Demised PremisesProperty or any part thereof. Notice is hereby given that Landlord Tenant shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, file the Waivers of Liens at Tenant’s sole cost and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesexpense.
Appears in 1 contract
Samples: Lease Agreement (MEDecision, Inc.)
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, the Building or any part of any of them or Landlord's interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant, but not to the extent resulting from the acts or any judgmentomissions of Landlord or Landlord's agents or employees) which is or may become a lien upon the Premises, attachment or levy is filed or recorded against the Property Property, the Building or any part thereof by anyone claiming through of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, making of the payment or incurring of the cost or expense, expense shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demandwithin thirty (30) days after specifically detailed demand therefor.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Building or the Property or any part thereofof any of them, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any of them.
(e) Promptly after the completion of any work or the delivery of any material to the filing Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and paid for to date and, upon completion of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given project, an affidavit from its contractor that Landlord shall not be liable it and all subcontractors and materialmen hired by it have been paid for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and all work done with respect to the Demised Premisesproject. With respect to any project that is bonded, prior to the commencement of any work Tenant shall also provide Landlord with a copy of a Waiver of Liens from its contractor which has been filed with the Prothonotary of Xxxxxxx County, Pennsylvania.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or 39 levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 1815% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Quinton Demised Premises, or any part thereof, or as giving Tenant any rightanx xxxxx, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens Liens against Landlord's interest in the Quinton Demised Premises. Notice is hereby given that Landlord shall not be xxx xx liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Quinton Demised Premises.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this Lease. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its Mortgagees’ interest in the Premises or the Building to be placed upon the Premises or the Building arising out of any materials for any specific improvementaction or claimed action by Tenant, alteration to or repair and in case of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest such lien Tenant will promptly pay same. If any such lien shall remain in the Demised Premises. Notice is hereby given that force and effect for twenty (20) days after written notice thereof from Landlord to Tenant, Landlord shall not be liable for have the right and privilege of paying and discharging the same or any labor or materials furnished or portion thereof without inquiry as to be furnished to Tenant upon creditthe validity thereof, and that no mechanic's or other lien for any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of xxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord’s Mortgagee in the Premises, and Landlord and any such Mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such Mortgagee.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If A. Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the leased premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this lease. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 leased premises on which any lien is or can be validly and legally asserted against its leasehold interest in the leased premises or the furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the leased premises or under the terms of this lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its mortgagees’ interest in the leased premises or the Building to be placed upon the leased premises or the Building arising out of any materials for any specific improvementaction or claimed action by Tenant, alteration to or repair and in case of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest such lien Tenant will promptly pay same. If any such lien shall remain in the Demised Premises. Notice is hereby given that force and effect for twenty (20) days, Landlord shall not be liable for have the right and privilege of paying and discharging the same or any labor or materials furnished or portion thereof without inquiry as to be furnished to Tenant upon creditthe validity thereof, and that no mechanic's or other lien for any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of bxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord’s mortgagee in the leased premises, and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such mortgagee.
B. Landlord shall defend its title and this Lease against mechanic’s liens claims of contractors, subcontractors and other persons performing work or supplying materials in the construction of the Building and other improvements on the Property by Landlord, and the construction and installation by Landlord of improvements in the leased premises, under any contract or agreement made by or with Landlord, its contractors, subcontractors and agents.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If any mechanic's(i) Subject to the terms and conditions of the Leases, laborer's the Grantor shall pay, bond or materialman's lien shall at any discharge of record, from time be filed against to time, forthwith, all liens (and all claims and demands of mechanics, materialmen, laborers or others, which, if unpaid, might result in or permit the Property creation of a lien) on or affecting the Premises or any part thereof with respect to any work donethereof, or labor on or materials furnishedaffecting the revenues, rents, issues, income or caused to be furnishedprofits arising therefrom and, by Tenant or anyone claiming through or under Tenantin general, or any judgmentthe Grantor forthwith shall do, attachment or levy is filed or recorded against at the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice cost of the filing thereofGrantor and without expense to the Beneficiary, shall cause everything necessary to fully preserve the same lien of this Leasehold Deed of Trust. In the event that the Grantor fail in a timely manner to be discharged of record by paymentmake payment in full of, depositbond or discharge, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within liens the period aforesaid, then, in addition to any other right or remedy, Landlord Beneficiary may, but shall not be obligated to, make payment, bond or discharge such liens, upon notice to the Grantor if practicable in order to preserve the lien of this Leasehold Deed of Trust or the collateral value of the Premises and the Grantor shall, on demand, reimburse the Beneficiary for all sums so expended and such sums shall bear interest at the Post-Default Rate until reimbursed.
(ii) Nothing in this SECTION 2.10 shall require the payment or discharge of any obligation imposed upon the Grantor by subsection (1) of this SECTION 2.10 so long as the Grantor shall bond or discharge any lien on the Premises arising from such obligation or in good faith and at its own expense contest the same or the validity thereof by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at appropriate legal proceedings which proceedings must operate to prevent the rate of 18% per annum (or, if lowercollection thereof or other realization thereon, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair sale of the Demised Premises, lien thereof and the sale or forfeiture of the Premises or any part thereof, or as giving Tenant any rightto satisfy the same; provided that during such contest the Grantor shall, power or authority at the option of the Beneficiary, provide security satisfactory to contract for or permit the rendering Beneficiary, assuring the discharge of the Grantor's obligation hereunder and of any services additional interest charge, penalty or the furnishing expense arising from or incurred as a result of such contest; and provided, further, that if at any time payment of any materials that would give rise obligation imposed upon the Grantor by subsection (i) of this SECTION 2.10 shall become necessary (a) to prevent the filing sale or forfeiture of the Premises or any mechanic's liens against Landlord's interest portion thereof because of non-payment, or (b) to protect the lien of this Leasehold Deed of Trust, then the Grantor shall pay the same in sufficient time to prevent the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor sale or materials furnished forfeiture of the Premises or to be furnished to Tenant upon creditprotect the lien of this Leasehold Deed of Trust, and that no mechanic's or other lien for any such labor or materials shall attach to or affect as the reversion or estate or interest of Landlord in and to the Demised Premisescase may be.
Appears in 1 contract
Samples: Leasehold Deed of Trust, Assignment of Rents and Security Agreement (Aerobic Creations, Inc.)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this instrument. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of any materials for any specific improvementasserted claims or liens against the leasehold estate or against the right, alteration to or repair title and interest of the Demised Premises, Landlord in the premises or under the forms of this lease. Tenant will not permit any mechanic's lien or liens or any other liens which may be imposed by law affecting Landlord's or its mortgagees' interest in the premises or any building or other improvement of which the promises are a part thereofto be placed upon the premises or any building or improvement thereon during the term hereof, or as giving Tenant any right, power or authority to contract for or permit the rendering and in case of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against such lien Tenant will promptly pay same. If any such lien shall remain in force and effect for twenty (20) days after written notice thereof from Landlord to Tenant. Landlord shall have the right and privilege at Landlord's interest in option of paying and discharging the Demised Premisessame or any portion thereof without inquiry as to the validity thereof. Notice is hereby given that and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall not be liable for any labor or materials furnished or repaid to be furnished Landlord immediately on rendition of a bill xxxrefor. Notwithstanding the foregoing, Tenant shall have the right, to Tenant upon credit, and that no mechanic's or other lien for contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord's mortgagee in the premises and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such mortgagee.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 Tenant shall have no authority, express or implied to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid 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 Landlord 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 interest of Landlord in the Premises or under the terms of this Lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its mortgagees’ interest in the Building to be placed upon the Building, and in case of the filing of any such lien Tenant will promptly pay same. If any mechanic's, laborer's or materialman's such lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty remain in force and effect for twenty (3020) days after written notice of the filing thereof, Landlord shall cause have the right and privilege at Landlord’s option of paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including reasonable expenses and interest, shall be discharged of record by payment, deposit, bond, order so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a court of competent jurisdiction or otherwisexxxx therefore. If Notwithstanding the foregoing, Tenant shall fail have the right to cause contest any such lienlien in good faith and with all due diligence so long as any such contest, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord action taken in connection therewith, together with protects the interest thereon at of Landlord and Landlord’s mortgagee in the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying Premises and Landlord and any such amountmortgagee are, by the expiration of said twenty (20) day period, furnished such protection and indemnification against any loss, cost or expense, shall constitute additional rent payable by Tenant under this Lease expense related to any such Lien and shall be paid by Tenant the contest thereof as are satisfactory to Landlord on demand.
20.2 Nothing contained in this Lease and any such mortgagee. Tenant shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair notify all potential lienors with which it deals of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering contents of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesthis Section 26.01.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property Premises or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property Premises or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) 30 days after the date on which Tenant receives notice of the filing thereofsuch filing, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all reasonable costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 1812% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (Vivus Inc)
Mechanics' and Other Liens. 20.1 7.01 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 Demised Premises, the reversion or other estate of Landlord, or upon any interest of Landlord in the Demised Premises. If Tenant causes any mechanic'salterations, laborerrebuildings, replacements, changes, additions, improvements or repairs to be made to the Demised Premises, or causes any labor to be performed or material to be furnished therein, thereon or thereto, neither Landlord nor the Demised Premises nor Landlord's interest in the Demised Premises shall under any circumstances be liable for the payment of any expense incurred or materialmanfor the value of any work done or material furnished, but all such alterations, rebuildings, replacements, changes, additions, improvements and repairs, and labor and material, shall be made, furnished and performed at Tenant's lien sole cost and expense, and Tenant shall at be solely and wholly responsible to contractors, laborers and materialmen furnishing and performing such labor and material. Landlord is willing to sign a Landlord's waiver on personal property and trade fixtures as long as a waiver does not hinder financing and is acceptable to the mortgagee.
7.02 If, because of any time be act or omission (or alleged act or omission) of Tenant, any mechanics or other liens charge or order for the payment of money is filed against Landlord or the Property Demised Premises or Landlord's interest therein or any part thereof with respect to financing statement is filed for or affecting any work doneequipment or any materials used in the construction or alteration of, or labor installed in, any such building or materials furnishedimprovement in or on the Demised Premises, (whether or not such lien, charge or order, or caused financing statement is valid or enforceable as such), Tenant shall, at its own cost and expense, cause the same to be furnished, canceled and discharged (whether by Tenant bonding or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, payment) within thirty ten (3010) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, 7.03 Prior to any contractor, subcontractor, laborer or materialman for the performance of any labor alterations, additions or improvements to the furnishing Demised Premises, (i) Tenant will enter into a written contract with each contractor performing such work and with each supplier providing material and supplies in connection with such work which shall provide (A) that the contractor and supplier agree that neither they nor any subcontractors nor materialmen shall file any mechanic's or materialman's liens, or notices of any materials for any specific improvementintention therefor, alteration to or repair of against the Demised Premises, or any part thereof, thereof or as giving Tenant any right, power notices of refusal relating to any work upon or authority material supplied to contract or for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice ; (B) that all subcontracts and purchase orders executed in connection with any such work shall contain agreements similar to those referred to in (A) above, by the subcontractors and suppliers, (C) that Tenant is hereby given entering into the contract as tenant and not on behalf of Landlord and that Landlord shall not all stop notices thereafter filed by any subcontractor or supplier will be liable for any labor or materials furnished or filed only against Tenant and will be binding upon Tenant in connection with Tenant's obligation to make payments under the construction contract; and (ii) Tenant shall, pursuant to Title 2A N.J.S.A. 44-75, cause to be furnished to Tenant upon credit, filed a copy of the written contract with each such contractor and that no mechanic's or other lien for any such labor or materials shall attach to or affect supplier and all specifications accompanying the reversion or estate or interest of Landlord in and to the Demised Premisescontract.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, the Building or any part of any of them or Landlord’s interest therein, except for Tenant’s leasehold interests in the Premises.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant) which is or may become a lien upon the Premises, or any judgmentthe Property, attachment or levy is filed or recorded against the Property Building or any part thereof by anyone claiming through of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty fifteen (3015) days after notice it becomes made aware of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on within thirty (30) days after demand.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Building or the Property or any part thereofof any of them, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any of them.
(e) Promptly after the completion of any work or the delivery of any material to the filing Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and paid for to date and, upon completion of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given project, an affidavit from its contractor that Landlord shall not be liable it and all subcontractors and materialmen hired by it have been paid for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and all work done with respect to the Demised Premisesproject.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If 16.1 Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Building or any part of any thereof with respect or Landlord’s interest therein except as set forth in this Lease.
16.2 Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant, ) which is or any judgment, attachment may become a lien upon the Premises or levy is filed or recorded against the Property Building or any part of any thereof by anyone claiming through or under Tenantthe income therefrom or any fixture, Tenantequipment or similar property therein.
16.3 If any lien or claim shall be filed, Tenant shall within thirty (30) 20 days after its receipt of notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the that period aforesaid(such failure constituting an Event of Default without notice or opportunity to cure other than such period), then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted by law (Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lien or with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including reasonable attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
20.2 Nothing contained 16.4 Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be deemed construed as evidencing, indicating, or construed causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in any way as constituting fact for the consent or request immediate use and benefit of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If Tenant shall have no authority, express or implied, to create or place any mechanic'slien or encumbrance of any kind or nature whatsoever upon, laborer's or materialman's in any manner to bind, the interest of Landlord in the Leased Premises or to change the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any time be filed against the Property labor performed or any part thereof materials furnished in connection with respect to any work doneperformed on the Leased Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Leased Premises and that it will save and hold Landlord harmless from any and all loss, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amountliability, cost or expense, including reasonable attorneys' fees, based on or arising out of asserted claims or liens against the Tenant's leasehold estate or against the right, title and interest of the Landlord in the Leased Premises or the Building. If any such lien shall constitute additional rent payable by Tenant under this Lease remain in force and effect for twenty (20) days after the filing, or Landlord's receipt, of the mechanic's lien statement or notice, Landlord shall have the right to pay and discharge the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be paid payable by Tenant to Landlord on as additional rent hereunder upon demand.
20.2 Nothing contained . Notwithstanding the foregoing, Tenant shall have the right to contest any such lien in this Lease shall be deemed or construed in good faith and with all due diligence so long as any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premisessuch contest, or any part thereofaction taken in connection therewith, or as giving Tenant any right, power or authority to contract for or permit adequately protects the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord and Landlord's mortgagee in the Leased Premises, and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such security against any loss, liability, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such mortgagee.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 If a. Tenant shall have no authority, express or implied, to create or place any mechanic's, laborer's lien or materialman's lien shall at encumbrance of any time be filed against the Property kind or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenantnature whatsoever upon, or any judgmentmanner to bind, attachment the interest of Landlord in the Leased Premises or levy to charge the Rent payable hereunder by Tenant for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor, construction or repairs for Tenant, and each such claim shall affect under contract with Tenant and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant pursuant to this Lease. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of labor performed or materials furnished in connection with any work performed on the Leased Premises under contracts executed by Tenant on which any lien is filed or recorded can be validly and legally asserted against its leasehold interest in the Leased Premises or the Improvements, and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the Property leasehold estate of Tenant or against the right, title and interest of Landlord in the Leased Premises or under the terms of this Lease. Tenant will not permit any mechanic’s lien or liens or any part thereof other liens which may be imposed by anyone claiming through law affecting Landlord’s or under its Mortgagees’ interests in the Leased Premises or the Improvements to be placed upon the Leased Premises or the Improvements arising out of any action or claimed action by Tenant, Tenant, within and in case of the filing of any such lien Tenant will promptly pay or discharge the same. If any such lien shall remain in force and effect for thirty (30) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof without inquiry as to the validity thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to and any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not amounts so permitted, by deposit in court). Any amount so paid by Landlordpaid, including all costs expenses and expenses paid by Landlord in connection therewithinterest, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord, as Additional Rent hereunder, immediately on rendition of a xxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such lien in good faith and with all due diligence so long as any such contest, or action taken in connection therewith protects the interests of Landlord on demandand any Mortgagee in the Leased Premises and the Land, and Landlord and any such Mortgagee are, by the expiration of said thirty (30) day period, furnished such reasonable protection, and reasonable indemnification against any loss, liability, cost or expense related to any such lien and the contest thereof as are reasonably satisfactory to Landlord and any such Mortgagee.
20.2 Nothing contained in b. To secure the payment of all rentals and other sums of money becoming due from Tenant under this Lease, Landlord shall have, and Tenant grants to Landlord, a first lien upon the leasehold interest of Tenant under this Lease shall and upon any inventory, equipment and other personal property owned or leased by Tenant or any subtenant now or hereafter located at the Premises, which lien may be deemed or construed enforced in any way as constituting equity. Notwithstanding the consent or request of Landlordforegoing, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for provided that Tenant is not in default hereunder (following the performance expiration of any labor applicable notice and cure periods), Landlord agrees that it shall agree to waive any lien it may have as to specific personal property being financed or refinanced including, without limitation, the furnishing aircraft being stored in the Premises (and any replacement thereof), if so requested by any financial institution financing or refinancing such personal property (the "Personal Property Lender"). Landlord further agrees that, if so requested by any Personal Property Lender, Landlord shall waive any lien it may have against such personal property by signing and delivering to the Personal Property Lender a written waiver of such lien, in form and substance reasonably acceptable to Landlord and its counsel; provided, however, that in no event shall Landlord be required by such Personal Property Lender to undertake any materials for any specific improvement, alteration obligations or responsibility to the Personal Property Lender or repair with respect to the personal property which is the subject of the Demised Premiseswaiver. Rather, or any part thereof, or as giving Tenant any right, power or authority the parties agree that the intention of this Section 23.b. is to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given require only that Landlord shall not be liable for agree to waive any labor lien it may have against specific personal property being financed or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for refinanced if so requested by any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised PremisesPersonal Property Lender.
Appears in 1 contract
Samples: Lease Agreement
Mechanics' and Other Liens. 20.1 If 25.1. Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, or any part of any thereof with respect or of Landlord's interest therein.
25.2. Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the Premises, the Property, or any judgment, attachment part of any thereof or levy is filed or recorded against the Property income therefrom or any part thereof by anyone claiming through fixture, equipment or under Tenantsimilar property therein.
25.3. If any lien or claim shall be filed, Tenant, Tenant shall within thirty ten (3010) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, making of the payment or incurring of the cost or expense, shall constitute additional rent Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
20.2 Nothing 25.4. Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Property or any part of any thereof, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise to for which any lien could be filed against the filing Premises, the Property or any part of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesthereof.
Appears in 1 contract
Samples: Office Lease (Real Media Inc)
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, the Building or any part of any of them or Landlord’s interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant) which is or may become a lien upon the Premises, or any judgmentthe Property, attachment or levy is filed or recorded against the Property Building or any part thereof by anyone claiming through of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty fifteen (3015) business days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on within fifteen (15) business days after demand.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Building or the Property or any part thereofof any of them, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any of them.
(e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called “Waiver of Liens”) from each such contractor in form satisfactory to Landlord, bearing a stamp from the Prothonotary’s Office in Xxxxxxx County indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any mechanic's liens and all lien rights that it or any of them may have against Landlord's ’s interest in the Demised PremisesProperty or any part thereof. Notice is hereby given that Landlord Tenant shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, file the Waivers of Liens at Tenant’s sole cost and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesexpense.
Appears in 1 contract
Samples: Lease Agreement (Ym Biosciences Inc)
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, the Building or any part of any of them or Landlord’s interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant), but not to the extent resulting from the acts or any judgmentomissions of Landlord or Landlord’s agents, attachment contractors or levy employees, which is filed or recorded against may become a lien upon the Property Premises, the Property, the Building or any part thereof by anyone claiming through of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty twenty (3020) days after obtaining actual notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys’ fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, ’s making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demandwithin twenty (20 days after Tenant’s receipt of written demand therefor.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Building or the Property or any part thereofof any of them, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any of them.
(e) Promptly after the completion of any work or the delivery of any material to the filing Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord partial and/or final releases of liens (whichever shall be applicable) from each such contractor, subcontractor or materialman for work that has been performed and paid for to date and, upon completion of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given project, an affidavit from its contractor that Landlord shall not be liable it and all subcontractors and materialmen hired by it have been paid for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and all work done with respect to the Demised Premisesproject. With respect to any project that is bonded, prior to the commencement of any work Tenant shall also provide Landlord with a copy of a Waiver of Liens from its contractor which has been filed with the Prothonotary of Xxxxxxx County, Pennsylvania.
Appears in 1 contract
Samples: Lease Agreement (Trevena Inc)
Mechanics' and Other Liens. 20.1 If The Lessee shall not suffer or permit any mechanic'smechanics' or other liens to be filed or exist (i) against the Project, laborer's nor (ii) against any account or materialman's lien fund in which Rental Payments, Additional Payments or proceeds of the Project Debt are deposited, by reason of work, labor, services or materials supplied or claimed to have been supplied to, for, or in connection with the Project or to the Lessee or anyone holding the Project or any part thereof through or under the Lessee, or otherwise; provided, however, that if any such liens shall at any time be filed against filed, the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, TenantLessee shall, within thirty (30) ninety days after notice of the filing thereofthereof but subject to the right to contest hereinafter set forth, shall cause the same to be discharged of record by payment, deposit, bondbonding, order of a court of competent jurisdiction or otherwise. The Lessee shall have the right, but at its own cost and expense, to contest the validity or the amount of any such lien by appropriate proceedings timely instituted, unless the Lessor shall notify the Lessee that, in the reasonable opinion of the Lessor, by nonpayment of any such items any part of the Project or moneys in such an account or fund will be subject to imminent loss or forfeiture, in which event the Lessee shall promptly cause such lien to be discharged as aforesaid or, in the case of a mechanics' or other lien filed against the Project, provisions reasonably satisfactory to the Lessor and the Lenders for payment by deposit or bonding shall be made promptly by the Lessee. Lessor will cooperate fully with the Lessee, but at the Lessee's expense, in any such contest (except as any such lien is asserted by the Lessor in which event the Lessee shall have the right to contest such lien as if it were the owner of the Project). If Tenant the Lessee shall fail to cause such lien, judgment, attachment or levy lien to be discharged discharged, or to contest the validity or amount thereof, within the period aforesaid, then, in addition to any other right or remedyremedy of the Lessor, Landlord the Lessor may, but shall not be obligated to, discharge the same by deposit or by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise following written notice to the filing Lessee of any mechanicLessor's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or intention to be furnished to Tenant upon credit, and that no mechanic's or other lien for any take such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesaction.
Appears in 1 contract
Samples: Lease (Brush Wellman Inc)
Mechanics' and Other Liens. 20.1 If Tenant shall have no authority, express --------------------------- or implied, to create or place any mechanic'slien or encumbrance of any kind or nature whatsoever upon, laborer's or materialman's in any manner to bind, the interest of Landlord in the Leased Premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this Lease. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any time labor performed on the Leased Premises on which any lien is or can be filed validly and legally asserted against its leasehold interest in the Leased Premises, the Property or the improvements thereon and that it will and does hereby save and hold Landlord harmless from any part thereof with respect to any work doneand all loss, liability, cost or labor expense based on or materials furnishedarising out of asserted claims or liens against the leasehold estate or against the right, or caused to be furnishedtitle and interest of the Landlord in the Leased Premises, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or the Building under the terms of this Lease. Tenant will not permit any part thereof mechanic's lien or liens or any other liens which may be imposed by anyone claiming through law affecting Landlord's or under its mortgagees' interest in the Leased Premises, the Property or the Building to be placed upon the Leased Premises, the Property or the Building arising out of any acting or claimed action by Tenant, Tenantand in case of the filing of any such lien, within thirty Tenant will promptly pay same. If any such lien shall remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege of paying and discharging the filing same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including attorneys fees, court costs and other expenses and interest, shall cause be so much additional rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of xxxx therefor. Notwithstanding the same to be discharged of record by paymentforegoing, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail have the right to cause contest any such lienlien in good faith and with all due diligence so long as any such contest, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord action taken in connection therewith, together with protects the interest thereon at of Landlord and Landlord's mortgagee(s) in the rate of 18% per annum (or, if lowerLeased Premises, the maximum rate permitted by law) from Property and the respective dates of Landlord's so paying improvements thereon, and Landlord and any such amountmortgagee(s) are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense, shall constitute additional rent payable by Tenant under this Lease expense related to any such lien and shall be paid by Tenant the contest thereof as are satisfactory to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesmortgagee(s).
Appears in 1 contract
Samples: Lease Agreement (Britesmile Inc)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this instrument. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of any materials for any specific improvementasserted claims or liens against the leasehold estate or against the right, alteration to or repair title and interest of the Demised Premises, Landlord in the premises or under the terms of this lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its mortgagees’ interest in the premises or any building or other improvement of which the premises are a part thereofto be placed upon the premises or any building or improvement thereon during the term hereof, or as giving Tenant any right, power or authority to contract for or permit the rendering and in case of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest such lien Tenant will promptly pay same. If any such lien shall remain uncontested and in the Demised Premises. Notice is hereby given that force and effect for twenty (20) days after written notice thereof from Landlord to Tenant, Landlord shall not be liable for have the right and privilege at Landlord’s option of paying and discharging the same or any labor or materials furnished or portion thereof without inquiry as to be furnished to Tenant upon creditthe validity thereof, and that no mechanic's or other lien for any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of a xxxx therefor. Notwithstanding the foregoing, Tenant shall have the right to contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord’s mortgagee in the premises and Landlord and any such mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, cost or expense related to any such lien and the Demised Premisescontest thereof as are reasonably satisfactory to Landlord and any such mortgagee.
Appears in 1 contract
Samples: Lease Agreement (Power Solutions International, Inc.)
Mechanics' and Other Liens. 20.1 (a) With respect to any work performed by Tenant in furnishing or equipping the Premises hereunder, and with respect to any alterations performed pursuant to Section 10.4, Tenant will not permit to be created and has no authority to permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by a contractor, subcontractor, mechanic, laborer or materialman, or any mortgage, security agreement or otherwise by or for Tenant), which might be or become a lien or encumbrance or charge upon the Premises, or Tenant's leasehold estate therein, the Project or any income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Project might be encumbered or impaired.
(b) If any mechanic'smechanics' lien on account of any alleged debt of Tenant, laboreror any person acting on Tenant's or materialman's lien behalf, shall at any time be filed against the Property Premises, the Project or any part thereof with respect income therefrom, Tenant shall take and diligently prosecute appropriate action to any work done, have the same discharged or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under bonded and released of record at Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, 's sole expense within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien. Upon Tenant's failure so to do, judgment, attachment or levy to be discharged within the period aforesaid, thenLandlord, in addition to any other right or remedyremedy that it may have, Landlord maymay cause said lien to be discharged or bonded and take such other action as may be reasonably necessary to protect its interest, but and Tenant shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses pay any amounts paid by Landlord in connection therewithwith such action, and all reasonable legal and other costs and expenses incurred by Landlord in connection therewith (including reasonable attorneys' fees, court costs (if awarded post-judgment) and other necessary disbursements). Any such amounts paid by Landlord and the amount of any such expenses or costs incurred by Landlord, if not paid by Tenant to Landlord within thirty (30) days after the date Tenant receives written notice and verification from Landlord of the amount thereof and demand for payment of the same, shall, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Default Rate from the respective dates date of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable the receipt by Tenant under this Lease of the aforesaid written notice to the date of payment thereof by Tenant, be treated as Additional Rent, and shall be paid payable by Tenant to Landlord on not later than thirty (30) days after the giving of such written notice and demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord.
20.2 Nothing contained in this Lease (c) Tenant shall promptly pay all persons furnishing labor or materials with respect to any work performed by or on behalf of Tenant in, on or about the Premises. No work which Landlord permits Tenant to perform shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman be for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premises.immediate
Appears in 1 contract
Samples: Office Lease Agreement (NHP Inc)
Mechanics' and Other Liens. 20.1 If (a) Tenant covenants that it shall not (and has no authority to) create or allow any mechanic's, laborer's or materialman's lien shall at any time be filed encumbrance against the Property Premises, the Property, the Building or any part of any of any of them or Landlord's interest therein.
(b) Tenant covenants that it shall not suffer or permit to be created, or to remain, any lien or claim thereof with respect to (arising out of any work donedone or services, material, equipment or labor supplies furnished for or materials furnished, or caused to be furnished, by at the request of Tenant or anyone claiming through by or under for any contractor or subcontractor of Tenant) which is or may become a lien upon the Premises, or any judgmentthe Property, attachment or levy is filed or recorded against the Property Building or any part thereof by anyone claiming through of any of any of them or under Tenantthe income therefrom or any fixture, equipment or similar property therein.
(c) If any lien or claim shall be filed, Tenant, within thirty ten (3010) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction bond or otherwise. If Tenant shall fail to cause such lien, judgment, attachment lien or levy claim to be discharged and removed from record within the period aforesaidthat period, then, without obligation to investigate the validity thereof and in addition to any other right or remedyremedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge the same it by bonding proceedingspayment, deposit, bond or otherwise; and Landlord shall be entitled, if permitted Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by law (the lienor and if not so permitted, by deposit to pay the amount of the judgment in court)favor of the lienor with interest and costs. Any amount amounts so paid by Landlord, including Landlord and all costs and expenses paid expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Lease Interest Rate from the respective dates of Landlord's so paying any such amount, making of the payment or incurring of the cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on within fifteen (15) days after demand.
20.2 Nothing (d) Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman Landlord for the performance of any labor work or services or the furnishing of any materials for which any specific improvement, alteration to lien could be filed against the Premises or repair of the Demised Premises, Building or the Property or any part of any thereof, or nor as giving Tenant any right, power power, or authority to contract for or permit the rendering performance of any work or services or the furnishing of any materials that would give rise for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof.
(e) Prior to commencement of any work or the delivery of any material to the Premises by any contractor, subcontractor or materialman engaged by Tenant, Tenant shall deliver to the Landlord a waiver of liens (herein called "Waiver of Liens") from each such contractor in form satisfactory to Landlord, bearing a stamp from the Prothonotary's Office in Philadelphia indicating the timely filing of the Waiver of Liens under the Mechanics Lien Law of Pennsylvania, 49 P.S.A. "14,02. The Waiver of Liens shall provide, among other things, that the contractor, for itself and all subcontractors, materialmen and other persons providing labor, services, material or work under Tenant, waives any mechanic's liens and all lien rights that it or any of them may have against Landlord's interest in the Demised PremisesProperty or any part thereof. Notice is hereby given that Landlord Tenant shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, file the Waivers of Liens at Tenant's sole cost and that no mechanic's or other lien for any such labor or materials shall attach to or affect the reversion or estate or interest of Landlord in and to the Demised Premisesexpense.
Appears in 1 contract
Samples: Lease Agreement (Traffic.com, Inc.)
Mechanics' and Other Liens. 20.1 If any mechanic's(i) The Mortgagor shall pay, laborer's bond or materialman's lien shall at any discharge of record, from time be filed against to time, forthwith, all liens (and all claims and demands of mechanics, materialmen, laborers or others, which, if unpaid, might result in or permit the Property creation of a lien) on or affecting the Premises or any part thereof with respect to any work donethereof, or labor on or materials furnishedaffecting the revenues, rents, issues, income or caused to be furnishedprofits arising therefrom and, by Tenant or anyone claiming through or under Tenantin general, or any judgmentthe Mortgagor forthwith shall do, attachment or levy is filed or recorded against at the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice cost of the filing thereofMortgagor and without expense to the Mortgagee, shall cause everything necessary to fully preserve the same lien of this Mortgage. In the event that the Mortgagor fails in a timely manner to be discharged of record by paymentmake payment in full of, depositbond or discharge, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within liens the period aforesaid, then, in addition to any other right or remedy, Landlord Mortgagee may, but shall not be obligated to, make payment, bond or discharge such liens, and the Mortgagor shall, on demand, reimburse the Mortgagee for all sums so expended and such sums shall bear interest at the Default Rate until reimbursed.
(ii) Nothing in this Section 2.10 shall require the payment or discharge of any obligation imposed upon the Mortgagor by subsection (i) of this Section 2.10 so long as the Mortgagor shall bond or discharge any lien on the Premises arising from such obligation or in good faith and at its own expense contest the same or the validity thereof by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at appropriate legal proceedings which proceedings must operate to prevent the rate of 18% per annum (or, if lowercollection thereof or other realization thereon, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to or repair sale of the Demised Premises, lien thereof and the sale or forfeiture of the Premises or any part thereof, or as giving Tenant any rightto satisfy the same; provided -------- that during such contest the Mortgagor shall, power or authority at the option of the Mortgagee, provide security satisfactory to contract for or permit the rendering Mortgagee, assuring the discharge of the Mortgagor's obligation hereunder and of any services additional interest charge, penalty or the furnishing expense arising from or incurred as a result of such contest; and provided, -------- further, that if at any time payment of any materials that would give rise obligation imposed upon the ------- Mortgagor by subsection (i) of this Section 2.10 shall become necessary (a) to prevent the filing sale or forfeiture of the Premises or any mechanic's liens against Landlord's interest portion thereof because of non-payment, or (b) to protect the lien of this Mortgage, then the Mortgagor shall pay the same in sufficient time to prevent the Demised Premises. Notice is hereby given that Landlord shall not be liable for any labor sale or materials furnished forfeiture of the Premises or to be furnished to Tenant upon creditprotect the lien of this Mortgage, and that no mechanic's or other lien for any such labor or materials shall attach to or affect as the reversion or estate or interest of Landlord in and to the Demised Premisescase may be.
Appears in 1 contract
Mechanics' and Other Liens. 20.1 (a) With respect to any work performed by Tenant in furnishing or equipping the Premises hereunder, and with respect to any alterations performed pursuant to Section 9.4, Tenant will not permit to be created and has no authority to permit to be created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished by an contractor, subcontractor, mechanic, laborer or materialman, or any mortgage, security agreement or otherwise by or for Tenant), which might be or become a lien or encumbrance or charge upon the Premises, or Tenant's leasehold estate therein, the Project or any income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Project might be encumbered or impaired.
(b) If any mechanic'smechanics' lien on account of any alleged debt of Tenant, laboreror any person acting on Tenant's or materialman's lien behalf, shall at any time be filed against the Property Premises, the Project or any part thereof with respect income therefrom, Tenant shall take and diligently prosecute appropriate action to any work done, have the same discharged or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under bonded and released of record at Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, 's sole expense within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien. Upon Tenant's failure so to do, judgment, attachment or levy to be discharged within the period aforesaid, thenLandlord, in addition to any other right or remedyremedy that it may have, Landlord maymay cause said lien to be discharged or bonded and take such other action as may be reasonably necessary to protect its interest, but and Tenant shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses pay any amounts paid by Landlord in connection therewithwith such action, and all reasonable legal and other costs and expenses incurred by Landlord in connection therewith (including reasonable attorneys' fees, court costs (if awarded post-judgment) and other necessary disbursements). Any such amounts paid by Landlord and the amount of any such expenses or costs incurred by Landlord, if not paid by Tenant to Landlord within thirty (30) days after the date Tenant receives written notice from Landlord of the amount thereof and demand for payment of the same, shall, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) Default Rate from the respective dates date of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable the receipt by Tenant under this Lease of the aforesaid written notice to the date of payment thereof by Tenant, be treated as Additional Rent, and shall be paid payable by Tenant to Landlord on not later than thirty (30) days after the giving of such written notice and demand. Nothing herein contained shall obligate Tenant to pay or discharge any lien created by Landlord.
20.2 Nothing contained in this Lease (c) Except with respect to the initial improvements and refurbishments to the Premises to be performed by Landlord pursuant to Section 2.2 hereof, Tenant shall promptly pay all persons furnishing labor or materials with respect to any work performed by or on behalf of Tenant in, on or about the Premises. No work which Landlord permits Tenant to perform shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman be for the performance immediate use and benefit of Landlord so that no mechanics' or other lien shall be allowed against the estate of Landlord by reason of any labor or consent given by Landlord to Tenant to improve the furnishing of any materials for any specific improvement, alteration to or repair of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest in the Demised Premises. Notice is hereby given This Lease expressly provides that the interest of Landlord shall not be liable subject to liens for any labor improvements made for or materials furnished or on behalf of Tenant, and Tenant shall notify each of Tenant's contractors of the foregoing provisions.
(d) To the extent permitted by law, Landlord shall have the right to post such other notices as Landlord may deem to be furnished appropriate for the protection of its interests in the Premises. The provisions of this Section 2.7 shall apply with respect to any work performed by or on behalf of Tenant upon creditin, and that no mechanic's on or other lien for any such labor or materials shall attach to or affect about the reversion or estate or interest of Landlord in and to Premises during the Demised PremisesTerm thereof.
Appears in 1 contract
Samples: Office Lease Agreement (Excalibur Technologies Corp)
Mechanics' and Other Liens. 20.1 If any mechanic's, laborer's or materialman's lien shall at any time be filed against the Property or any part thereof with respect to any work done, or labor or materials furnished, or caused to be furnished, by Tenant or anyone claiming through or under Tenant, or any judgment, attachment or levy is filed or recorded against the Property or any part thereof by anyone claiming through or under Tenant, Tenant, within thirty (30) days after notice of the filing thereof, shall cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien, judgment, attachment or levy to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same by bonding proceedings, if permitted by law (and if not so permitted, by deposit in court). Any amount so paid by Landlord, including all costs and expenses paid by Landlord in connection therewith, together with interest thereon at the rate of 18% per annum (or, if lower, the maximum rate permitted by law) from the respective dates of Landlord's so paying any such amount, cost or expense, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand.
20.2 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordhave no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder 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, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by inference this Lease. Tenant covenants and agrees that it will pay or otherwise, cause to any contractor, subcontractor, laborer or materialman for the performance be paid 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 furnishing improvements thereon and that it will save and hold Landlord harmless from any and all loss, liability, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant will not permit any mechanic’s lien or liens or any other liens which may be imposed by law affecting Landlord’s or its Mortgagees’ interest in the Premises or the Building to be placed upon the Premises or the Building arising out of any materials for any specific improvementaction or claimed action by Tenant, alteration to or repair and in case of the Demised Premises, or any part thereof, or as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against Landlord's interest such lien Tenant will promptly pay same. If any such lien shall remain in the Demised Premises. Notice is hereby given that force and effect for twenty (20) days after written notice thereof from Landlord to Tenant, Landlord shall not be liable for have the right and privilege of paying and discharging the same or any labor or materials furnished or portion thereof without inquiry as to be furnished to Tenant upon creditthe validity thereof, and that no mechanic's or other lien for any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to Landlord and shall be paid to Landlord immediately on rendition of xxxx therefore. Notwithstanding the foregoing, Tenant shall have the right to contest any such labor lien in good faith and with all due diligence so long as any such contest, or materials shall attach to or affect action taken in connection therewith, protects the reversion or estate or interest of Landlord and Landlord’s Mortgagee in the Premises, and Landlord and any such Mortgagee are, by the expiration of said twenty (20) day period, furnished such protection, and indemnification against any loss, liability, cost or expense related to any such lien and the Demised Premisescontest thereof as are satisfactory to Landlord and any such Mortgagee.
Appears in 1 contract
Samples: Office Lease Agreement (Mountains West Exploration Inc)
