MECHANIC'S LIEN OR CLAIMS. 13.1 Lessee shall not permit to be created nor to remain undischarged any lien, encumbrance or charge arising out of any work of any contractor, mechanic, laborer or materialman which might be or become a lien, notice or intention of a lien, encumbrance or charge upon the Demised Premises or the Building or the income therefrom; and Lessee shall not suffer any other matter or thing whereby the estate, right and interest of Lessor in the Demised Premises or in the Building might be impaired. If any lien or notice of intention or notice of lien on account of an alleged debt of Lessee or any notice of contract by a party engaged by Lessee or Lessee's contractor to work in the Demised Premises or in the Building, Lessee shall, within ten (10) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee shall fail to cause such lien or notice of lien to be discharged within the period provided, then Lessor, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings; and in any such event, Lessor shall be entitled, if Lessor so elects, to defend any prosecution of an action for foreclosure of such lien by the lienor or to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by Lessor and all costs and expenses, including attorney fees, incurred by Lessor in connection therewith, together with interest not to exceed 10% from the respective dates of Lessor's making of the payment or incurring of the cost and expense shall be paid by Lessee to Lessor on demand. All such sums shall be considered Additional Rent hereunder. Nothing in this Lease shall be construed as in any way constituting a consent or request by Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of materials for any specific or general improvement, alteration, or repair of or to the Demised Premises or to any buildings or to any part thereof. LANDLORD INITIALS ----- TENANT INITIALS -----
Appears in 1 contract
MECHANIC'S LIEN OR CLAIMS. 13.1 Lessee Tenant shall not permit to be created nor to remain undischarged any lien, encumbrance or charge arising out of any work of any contractor, mechanic, laborer or materialman which might be or become a lien, notice lien or intention of a lien, encumbrance or charge upon the Demised Premises or the Building Landlord's Parcel or the income therefrom; therefrom and Lessee Tenant shall not suffer any other matter or thing whereby the estate, right and interest of Lessor Landlord in the Demised Premises or in the Building Landlord's Parcel might be impaired. Landlord's Parcel shall be subject to attachment. Tenant shall include in all contracts and subcontracts for work to be performed on Tenant's behalf at the Premises provisions wherein such contractor or subcontractor acknowledges that Landlord has no liability under such contracts and subcontracts and that such contractor or subcontractor waives, to the fullest extent permitted by law, any right it may have to lien or attach Landlord's Parcel. If any lien or notice of intention or notice of lien on account of an alleged debt of Lessee Tenant or any notice of contract by a party engaged by Lessee Tenant or LesseeTenant's contractor to work in the Demised Premises shall be filed against the Premises or in the BuildingLandlord's Parcel, Lessee Tenant shall, within ten twenty (1020) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee Tenant shall fail to cause such lien or notice of lien to be discharged within the period provided, then LessorLandlord, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings; and in any such event, Lessor Landlord shall be entitled, if Lessor Landlord so elects, to defend any prosecution of an action for foreclosure of such lien by the lienor or to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by Lessor Landlord and all costs and expenses, including attorney attorneys' fees, incurred by Lessor Landlord in connection therewith, together with interest not to exceed 10% from the respective dates of Lessor's making of the payment or incurring of the cost and expense therewith shall be paid by Lessee Tenant to Lessor Landlord on demand. All such sums shall be considered Additional Rent hereunder. Nothing in this Lease shall be construed as in any way constituting a consent or request by LessorLandlord, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific or general improvement, alteration, alteration or repair of or to the Demised Premises or to any buildings or to any part thereof. LANDLORD INITIALS ----- TENANT INITIALS -----.
Appears in 1 contract
MECHANIC'S LIEN OR CLAIMS. 13.1 Lessee shall not permit to be created nor to remain undischarged any lien, encumbrance or charge arising out of any work of any contractor, mechanic, laborer or materialman material man which might be or become a lien, notice lien or intention of a lien, encumbrance or charge upon the Demised Premises or the Building Shopping Center of which the Demised Premises is a part or the income therefrom; therefrom and Lessee shall not suffer any other matter or thing whereby the estate, right and interest of Lessor in the Demised Premises or in the Building Shopping Center of which the Demised Premises is a part might be impaired. Neither Lessor's Parcel nor the Shopping Center of which Lessor's Parcel is a part shall not be subject to attachment. The Lessee herein shall not have any authority to create any liens for labor or materials on the Lessor's interest in the Demised Premises and all persons contracting with the Lessee for the destruction or removal of any facilities or other improvements or for the erection, installation, alteration or repair of any facilities or other improvements on or about the Demised Premises, and all materialmen, contractors, subcontractors, mechanics and laborers are hereby charged with notice that they must look only to the Lessee and the Lessee's interests in the Demised Premises to secure the payment of any xxxx for work done or material furnished at the request or instruction of Lessee. Lessee shall include in all contracts and subcontracts for work to be performed on Lessee's behalf at the Demised Premises provisions wherein such contractor or subcontractor acknowledges that Lessor has no liability under such contracts and subcontracts and that such contractor or subcontractor waives any right it may have to lien or attach the Shopping Center. If any lien or notice of intention or notice of lien on account of an alleged debt of Lessee or any notice of contract by a party engaged by Lessee or Lessee's contractor to work in the Demised Premises shall be filed against the Demised Premises or in the BuildingShopping Center of which the Demised Premises is part, Lessee shall, within ten twenty (1020) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee shall fail to cause such lien or notice of lien to be discharged within the period provided, then Lessor, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings; and in any such event, Lessor shall be entitled, if Lessor so elects, to defend any prosecution of an action for foreclosure of such lien by the lienor or to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by Lessor and all costs and expenses, including attorney fees, incurred by Lessor in connection therewith, together with interest not to exceed 10% thereon at the maximum legal rate from the respective dates of Lessor's making of the payment or incurring of the cost and expense expense, shall be paid by Lessee to Lessor on demand. All such sums shall be considered Additional Rent hereunderdemand as additional rent. Nothing in this Lease shall be construed as in any way constituting a consent or request by Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific or general improvement, alteration, alteration or repair of or to the Demised Premises or to any buildings or to any part thereof. LANDLORD INITIALS ----- TENANT INITIALS -----.
Appears in 1 contract
Samples: 5th Avenue Channel Corp
MECHANIC'S LIEN OR CLAIMS. 13.1 Lessee Tenant shall not permit to be created nor to remain undischarged any lien, encumbrance encumbrance, or charge arising out of any work performed at the request or direction of Tenant, of any contractor, mechanic, laborer or materialman materialtnan which might be or become a lien, notice or intention of a lien, encumbrance or charge upon the Demised Premises or the Building Property or the income therefrom; and Lessee shall not suffer any other matter or thing whereby the estate, right and interest of Lessor in the Demised Premises or in the Building might be impairedthere from. If any lien or notice of intention or notice of lien on account of an alleged debt of Lessee Tenant or any notice of contract by a party engaged by Lessee Tenant or Lessee's Tenant’s contractor to work in the Demised Premises or in on the BuildingProperty is filed, Lessee Tenant shall, within ten (10) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Lessee Tenant shall fail to cause such lien or notice of lien or other document to be discharged within the period provided, then Lessorthe Landlord, in addition to any other rights or remedies, may, but shall not be obligated to, discharge the same by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings; and in any such event, Lessor shall be entitled, if Lessor so elects, to defend any prosecution of an action for foreclosure of such lien by the lienor or to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by Lessor Landlord and all costs and expenses, including attorney fees, incurred by Lessor Landlord in connection therewith, together with interest not to exceed 10% thereon at the maximum legal rate from the respective dates of Lessor's Landlord’s making of the payment or incurring of the cost and expense expense, shall be paid by Lessee Tenant to Lessor Landlord immediately on demand. All such sums shall be considered Additional Rent hereunder. Nothing in this Lease shall be construed as in any way constituting a consent or request by LessorLandlord, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of materials for any specific or general improvement, alteration, or repair of or to the Demised Premises or to any buildings or improvements thereof, or to any part thereof. LANDLORD INITIALS ----- TENANT INITIALS -----.
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