Mechanics’ Lien. Tenant shall have no authority, express or implied, to create or place any lien or incumbrances of any kind or nature whatsoever upon, or in any instance to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of same.
Appears in 2 contracts
Samples: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)
Mechanics’ Lien. If Tenant makes any alterations or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall have no authority, express be construed to authorize Tenant or impliedany person dealing with or under Tenant, to create or place any lien or incumbrances charge the rents of any kind or nature whatsoever uponthe Leased Premises, or in any instance to bindthe property of which the Leased Premises form a part, or the interest of Landlord in the Premises estate of the Leased Premises, or to charge any person under and through whom Landlord has acquired its interest in the rentals payable hereunder for any claim in favor estate of the Leased Premises, with a mechanic's lien or encumbrance of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairskind, and each under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in the making of such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs alterations or improvements to the Leased Premises, Tenant shallbut, in making such repairs on the contrary, the right or improvementspower to charge any lien, act solely for its own benefit and not as an agent claim or Landlord, and that encumbrance of any kind against Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center rents or the overall development Leased Premises or said land is denied. So long as the laws of which this state shall provide for the Premises are filing of a part, shall not be subject statutory bond to any eliminate the attachment of mechanic's, furnisher's or materialmen's liensliens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. Tenants covenants and agrees that it If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event of the filing of a notice of any such lien, Tenant will pay or promptly take steps immediately to have any such lien removed. If the lien is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option to cause the lien to be paid all sums due discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expenseamounts so paid, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill xxxrefor. Tenant will 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 improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or under cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the terms of this LeaseLeased Premises. Tenant Landlord shall discharge by payment or satisfactory bond pursuant have the further right any time, and from time to statutory procedures any lien arising out of work performed or materials furnished time, to post and maintain on the Leased Premises bysuch notices as Landlord deems necessary to protect the Leased Premises and Landlord, through and under Tenant within thirty (30) days after the filing from all liens of sameany nature whatsoever.
Appears in 2 contracts
Samples: Lease Agreement (Schuff Steel Co), Lease Agreement (Schuff Steel Co)
Mechanics’ Lien. Tenant shall have no authority, express or implied, authority to create or place any lien or incumbrances encumbrances of any kind or nature whatsoever upon, or in any instance 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 or entity 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. It is understood and agreed that if If Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or of Landlord, and that Landlord's interest in the Premises, and the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants Tenant covenants and agrees that it will pay or cause to be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's attorneys' fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of the Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and or under Tenant within thirty (30) days after the filing of same.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Riddell Sports Inc), Industrial Lease Agreement (Back Yard Burgers Inc)
Mechanics’ Lien. Tenant In the event any mechanic's lien shall have no authority, express or implied, to create or place at any lien or incumbrances of any kind or nature whatsoever upon, or in any instance to bind, the interest of Landlord in time be filed against the Premises or any part of the Building by reason to charge work, labor, services or materials performed or furnished to Tenant or to anyone holding the rentals payable hereunder for any claim in favor of any person Premises through or entity dealing with under Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim Tenant shall affect and each forthwith cause the same to be discharged of record. If Tenant shall fail to cause such lien forthwith to be discharged within forty-five (45) days after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may, but shall attach not be obligated to, if at alldischarge the same by paying the amount claimed to be due, only the leasehold interest granted to Tenant or by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a partbonding, and the Shopping Center or amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the overall development discharge of which the Premises are a partsuch lien, shall be due and payable in full by Tenant to Landlord on demand. Landlord acknowledges that this Article 27 shall not be subject applicable to the initial improvements to be constructed within the Premises prior to the commencement of the Term, pursuant to Exhibit A-3 of this Lease Agreement, to the extent being constructed by Landlord. Landlord agrees, so long as Tenant is not otherwise in default, that any mechanic's's lien filed against the Building (for which Tenant is responsible) may remain of record, furnisherif Tenant contests the same by legal action in Hennepin County District Court and if Tenant posts security (in a form reasonably acceptable to Landlord) with Landlord in an amount of not less than 150% of the amount of the lien; provided Landlord may revoke Tenant's right to not remove such lien of record if Landlord sells, conveys or materialmen's liens. Tenants covenants and agrees refinances the Building, by giving Tenant 30 days written notice that it will pay or cause to be paid all sums due and payable by it in account must remove such lien 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of samerecord.
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Mechanics’ Lien. A. Tenant shall have no authority, express not suffer any mechanics' or implied, materialmen's lien to create or place any lien or incumbrances of any kind or nature whatsoever upon, or in any instance to bind, be filed against the interest of Landlord in the Demised Premises or the Office Park by reason of work, labor, services or materials performed or furnished to charge Tenant or anyone holding any part of the rentals payable hereunder for Demised Premises under Tenant. If any claim in favor of any person or entity 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 toat any time be filed as aforesaid, if at all, only Tenant may contest the leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, same in good faith but notwithstanding such contest Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing thereof, cause such lien to be released of samerecord by payment, bond, order of a court of competent jurisdiction, or otherwise. In the event of Tenant's failure to release of record any such lien within the aforesaid period, Landlord may remove said lien by paying the full amount thereof or by bonding or in any other manner Landlord deems appropriate without investigating the validity thereof and irrespective of the fact that Tenant may contest the propriety or the amount thereof, and Tenant, upon demand, shall pay Landlord the amount so paid out by Landlord in connection with the discharge of said liens together with expenses incurred in connection therewith, including reasonable attorneys' fees. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord's estate in the Demised Premises to any lien or liability under the lien laws of the State where the Office Park is located.
B. Tenant shall not create or suffer to be created a security interest or other lien against any improvements, additions or other construction made by Tenant in or to the Demised Premises or against any equipment or fixtures installed by Tenant therein (other than Tenant's Property), and should any security interest be created in breach of the foregoing, Landlord shall be entitled to discharge the same by exercising the rights and remedies afforded it under the penultimate sentence of Paragraph A of this Article.
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Mechanics’ Lien. No work which Landlord permits Tenant to do pursuant to this Lease, whether in the nature of erection, construction, alteration and repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanics lien or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to improve the Premises. Tenant shall have no authorityprovide to Landlord, express prior to Tenant's occupancy of the Premises, waivers or impliedreleases of mechanics liens from all subcontractors performing any and all work on behalf of Tenant or at Tenant's request. Tenant shall pay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractors on or about the Premises. In the event any proceedings shall at any time be filed against the Premises with respect to mechanic's liens or any other lien by reason of work, labor, services and materials performed or furnished, or alleged to be performed or furnished, to create Tenant or place any lien or incumbrances of any kind or nature whatsoever upon, or in any instance to bind, the interest of Landlord in anyone holding the Premises through or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with under 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, within fifteen (15) days after said filing, forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in making such repairs addition to any right or improvements, act solely for its own benefit and not as an agent or remedy of Landlord, and that Landlord's interest in Landlord may discharge the Premises, same by paying the building of which the Premises are a partamount claimed to be due, and the Shopping Center or amount so paid by Landlord including reasonable attorneys fees incurred by Landlord in procuring the overall development discharge of which the Premises are a partsuch lien, together with interest thereon at eighteen percent (18%) per annum shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums immediately due and payable by it in 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. Tenant will save and hold to Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of sameas Additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Dover Saddlery Inc)
Mechanics’ Lien. Tenant shall have no authority, express not suffer or implied, to create or place permit any mechanic’s lien or incumbrances other lien to be filed against the Shopping Center, or any portion thereof including the Expansion Premises, by reason of Tenant’s Work. If any kind such mechanic’s lien or nature whatsoever uponother lien shall at any time be filed against the Shopping Center, or any portion thereof including the Expansion Premises, Tenant shall cause the same to be discharged of record within 30 days after the date of filing the same. If Tenant shall fail to discharge such mechanic’s lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Shopping Center by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any instance portion thereof, including the Expansion Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s fees of Landlord), together with interest thereon at the Maximum Rate, shall be repaid by Tenant to bindLandlord on demand by Landlord and if unpaid may be treated as Additional Rent. Tenant shall indemnify and defend Landlord and the Landlord Affiliated Entities against and save Landlord, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, Affiliated Entities and the Shopping Center Center, or any portion thereof, including the overall development of which Expansion Premises, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney’s fees resulting from the Premises are a partassertion, shall not be subject filing, foreclosure or other legal proceedings with respect to any such mechanic's, furnisher's ’s lien or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of sameother lien.
Appears in 1 contract
Samples: Office Lease (Pluralsight, Inc.)
Mechanics’ Lien. If Tenant makes any alterations or improvements in the Leased Premises, Tenant must pay for them when made. Nothing in the Lease shall have no authority, express be construed to authorize Tenant or impliedany person dealing with or under Tenant, to create or place any lien or incumbrances charge the rents of any kind or nature whatsoever uponthe Leased Premises, or in any instance to bindthe property of which the Leased Premises form a part, or the interest of Landlord in the Premises estate of the Leased Premises, or to charge any person under and through whom Landlord has acquired its interest in the rentals payable hereunder for any claim in favor estate of the Leased Premises, with a mechanic's lien or encumbrance of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairskind, and each under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in the making of such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs alterations or improvements to the Leased Premises, Tenant shallbut, in making such repairs on the contrary, the right or improvementspower to charge any lien, act solely for its own benefit and not as an agent claim or Landlord, and that encumbrance of any kind against Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center rents or the overall development Leased Premises or said land is denied. So long as the laws of which this state shall provide for the Premises are filing of a part, shall not be subject statutory bond to any eliminate the attachment of mechanic's, furnisher's or materialmen's liensliens to real estate, Tenant shall require that its contractor or itself shall take such steps as are provided by law for the filing of said statutory bond prior to the initiation of any construction. Tenants covenants and agrees that it If a mechanic's or materialmen's lien is threatened by any contractor or supplier, or in the event of the filing of a notice of any such lien, Tenant will pay or promptly take steps immediately to have any such lien removed. If the lien is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right at Landlord's option to cause the lien to be paid all sums due discharged by record of payment, deposit, bond or order of a court of competent jurisdiction or otherwise, to pay any portion thereof and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expenseamounts so paid, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title fees and expenses connected therewith and interest at the rate of eighteen percent (18%) per annum on any sums paid or advanced, shall be deemed to be additional rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a bill xxxrefor. Tenant will 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 improvement, made by Tenant. Except as may be expressly provided in this Lease, nothing in this Article 5 shall be construed to permit Tenant to place any materials upon the Leased Premises or cause any labor or construction, or to make any alterations, additions, replacements or substantial repairs, in or about the Leased Premises. Landlord shall have the further right any time, No mechanic's or materialmen's liens or mortgages, deeds of trust, or other liens of any character whatsoever created or suffered by Tenant shall in any way, or to any extent, affect the interest or rights of Landlord in the Premises any buildings or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished other improvements on the Premises byLeased Premises, through and under Tenant within thirty (30) days after or attach to or affect Landlord's title to or rights in the filing of sameLeased Premises.
Appears in 1 contract
Samples: Lease Agreement (Schuff Steel Co)
Mechanics’ Lien. 8.01 Tenant shall have no authority, express not suffer or implied, to create or place permit any mechanic's lien or incumbrances other lien to be filed against the Shopping Center, or any portion thereof including the Expansion Premises, by reason of Tenant's Work. If any kind such mechanic's lien or nature whatsoever uponother lien shall at any time be filed against the Shopping Center, or any portion thereof including the Expansion Premises, Tenant shall cause the same to be discharged of record within 30 days after the date of filing the same. If Tenant shall fail to discharge such mechanic's lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Shopping Center by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any instance portion thereof, including the Expansion Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at the Maximum Rate, shall be repaid by Tenant to bindLandlord on demand by Landlord and if unpaid may be treated as Additional Rent. Tenant shall indemnify and defend Landlord and the Landlord Affiliated Entities against and save Landlord, the Landlord Affiliated Entities and the Shopping Center, or any portion thereof, including the Expansion Premises, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Expansion Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Premises Shopping Center, or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenantportion thereof, including those who may furnish materials or perform labor for any construction or repairsthe Expansion Premises. THIS SECOND AMENDMENT TO OFFICE LEASE ("Second Amendment"), is made and entered into as of July 27, 2019, by and between Station Park CenterCal, LLC, a Delaware limited liability company ("Landlord"), and each such claim shall affect and each such lien shall attach toPluralsight, if at allLLC, only the leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty Utah limited liability company (30) days after the filing of same"Tenant").
Appears in 1 contract
Mechanics’ Lien. Tenant shall have no authority, express or implied, to create or place any lien or incumbrances of any kind or nature whatsoever upon, or in any instance to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due costs f(>r work done by or on behalf of Tenant or caused to be done by or on behalf of Tenant on the Units of a character which will or may result in liens against Landlord’s interest in the Units and payable by it in Tenant will keep the Units free and clear of all mechanic’s liens and other liens on account of any labor performed work done f()r or materials furnished on behalf of Tenant or persons claiming under Tenant. Tenant hereby a.!:,’Tees to indemnify, defend and save Landlord harmless of and from all liability, loss, damages, costs or expenses, including reasonable attorneys’ fees, incurred in connection with any claims of any nature whatsoever fc1r work performed on the Premises on which any lien is for, or can be validly and legally asserted against its leasehold interest in the Premises materials, services or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expensesupplies furnished to Tenant, including attorney's feeslien claims of laborers, based on materialmen or arising out of asserted claims others. Should any such liens be tiled or liens recorded against the leasehold estate Units with respect to work done, services performed for or against materials supplied to or on behalf of Tenant or should any action affecting the rightstitle thereto be commenced, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant cause such liens to statutory procedures any lien arising out be released of work performed or materials furnished on the Premises by, through and under Tenant record within thirty five (305) days after notice thereof. If Tenant desires to contest any such claim of lien, Tenant shall nonetheless cause such lien to be released of record by the filing posting of sameadequate security with a court of competent jurisdiction as may be provided by Hawaii’s mechanic lien statutes. If Tenant shall be in default in paying any charge for which such a mechanic’s lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the lien to be released or suit dismissed, Landlord may (but without being required to do so) pay such lien or claim and any costs associated therewith, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be immediately due from Tenant to Landlord as additional Rent.
Appears in 1 contract
Mechanics’ Lien. Tenant shall have no authority, express or implied, to create or place any lien or incumbrances of any kind or nature whatsoever upon, or in any instance to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and (a) Xxxxxx agrees that it will pay or cause to be paid all sums due and payable costs for work done by it in or caused to be done by it on the Premises, and Tenant will keep the Premises free and clear of all mechanics' liens and other liens on account of any labor work done for Tenant or persons claiming under it. Xxxxxx agrees to and shall indemnify, defend and save Landlord free and harmless against liability, loss, damage costs, attorneys' fees and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under it.
(b) If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Xxxxxx or Xxxxxx's contractor to work in connection with any work performed on the Premises on which any lien is or can shall be validly and legally asserted filed against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out Office Building of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in which the Premises or under the terms of this Lease. is a part, Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises byshall, through and under Tenant within thirty (30) days after notice of the filing thereof, cause the same to be discharged of samerecord by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien or notice of lien to be discharged within the period provided, then 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, Landlord shall be entitled, if 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 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 Xxxxxxxx and all costs and expenses, including attorney fees, incurred by Landlord in connection therewith, together with interest thereon at prime plus three percent (3%) the maximum legal rate from the respective dates of Landlord's making of the payment or incurring of the cost and expenses shall be paid by Tenant to Landlord on demand and without inquiry into the validity of the lien. Nothing in this Lease shall be construed as in any way constituting a consent or request by Xxxxxxxx, expressed 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 or general improvement, alteration or repair of or to the Premises or to any improvements thereon, or to any part thereof.
(c) Should any claims of lien be filed against the Leased Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof.
(d) In connection with pursuit of its rights under this Section, Landlord or its representatives shall have the right to go upon and inspect the Premises at all reasonable times after one (1) business days' notice to Tenant.
Appears in 1 contract
Samples: Lease (American Business Financial Services Inc /De/)
Mechanics’ Lien. If Tenant makes any alterations or improvements in the Demised Premises, Tenant must pay for same when made. Nothing in this Lease shall have no authority, express be construed to authorize Tenant or implied, any person dealing with or under Tenant to create charge the rents of the Demised Premises or place any lien the property of which the Demised Premises form a part or incumbrances of any kind or nature whatsoever upon, or in any instance to bind, the interest of Landlord in the estate of the Demised Premises or to charge any person under and through whom Landlord has acquired its interest in the rentals payable hereunder for any claim in favor estate of the Demised Premises with a mechanic’s lien or encumbrance of any person or entity dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairskind, and each under no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in the making of any such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs alterations or improvements to the Demised Premises, but, on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord’s rents or the Demised Premises is denied. So long as the laws of this state shall provide for the filing of statutory bond to eliminate the attachment of mechanic’s or materialmen’s lien to real estate, Tenant shallshall require that its contractor or itself take such steps prior to the initiation of any construction to insure that said bond shall be obtained. If a mechanic’s or materialmen’s lien is threatened by any contractor or supplier, or in making the event of the filing of a notice of any such repairs or improvementslien, act solely for its own benefit Tenant will promptly pay same and take steps immediately to have same removed. If same is not as an agent or removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right, at Landlord’s option, of paying the same or any portion thereof and that Landlord's the amounts so paid, including attorney’s fees and expenses connected therewith and interest at the rate of two percent (2%) over the prime interest rate as published from time to time in the PremisesWall Street Journal or eighteen (18%) per annum, the building of which the Premises are a partwhichever is greater, and the Shopping Center on any sums paid or the overall development of which the Premises are a part, advanced shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause deemed to be additional rent due from Tenant to Landlord and shall be paid all sums due and payable by it in account to Landlord immediately upon rendition to Tenant 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 thereonxxxx. Tenant will indemnify and save harmless Landlord from and hold Landlord harmless from any and against all loss, cost claims, damages, costs or expenseexpenses suffered by Landlord by reason of any repairs, including attorney's fees, based on installations or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge improvements made by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of sameTenant.
Appears in 1 contract
Samples: Lease Agreement
Mechanics’ Lien. Tenant shall have no authority, express Before performing or implied, to create or place any lien or incumbrances permitting the performance of any kind work or nature whatsoever upon, or in any instance to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor delay of any person materials within Leased Premises as permitted under any provision of this Lease or entity 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 as otherwise agreed to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to the PremisesLandlord, Tenant shall, in making such repairs or improvements, act solely for at its own benefit cost and not expense, take such steps as an agent or Landlord, and Landlord might reasonably require in order that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in account of any no lien for labor performed or materials furnished in connection with any will attach to the Leased Premises as a result of such 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Leasematerials delay. Tenant shall discharge by payment not permit any mechanics' or satisfactory bond pursuant other lien or claim for lien or notice in respect thereto to statutory procedures be filed against the Leased Premises or any lien arising out of work performed fixtures, equipment or materials furnished on the Premises byfurnishings contained therein. If any such lien, through and under notice or claim shall be made or filed, Tenant shall within thirty ten (3010) days after notice of the filing thereof cause said lien, notice or claim for lien to be effectively removed and discharged of samerecord; provided, however, that Tenant shall have the right to contest the amount or validity, in whole or in part, of any such lien, notice or claim by appropriate proceedings but in such event Tenant shall promptly bond such lien, notice or claim with a surety company satisfactory to Landlord and shall prosecute such proceedings with all due diligence and dispatch. If Tenant fails so to discharge or bond such lien, Landlord may at its election remove or discharge such lien, notice or claim by paying the full amount thereof, or otherwise, and without any investigation or contest of the validity thereof, and Tenant shall pay to Landlord upon demand, as additional rent, the amount paid by the Landlord including Landlord's costs, expenses and counsel fees. Nothing in this Lease shall authorize or be construed to authorize Tenant to subject Leased Premises or Entire Premises to any such liens.
Appears in 1 contract
Samples: Office Lease Agreement (Digital Descriptor Systems Inc)
Mechanics’ Lien. A. Notice is hereby given that the Landlord shall not, under any circumstances, be liable to pay for any work, labor or services rendered or materials furnished to or for the account of the Tenant shall have no authority, express or implied, to create or place any lien or incumbrances of any kind or nature whatsoever upon, upon or in connection with the Demised Premises, and that no mechanics or other liens for work, labor or services rendered or materials furnished to or for the account of the Tenant shall, under any instance circumstances, attach to bind, or affect the reversionary or other estate or interest of the Landlord in or to the Demised Premises or in and to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenantalterations, 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. It is understood and agreed that if Tenant shall make repairs or improvements to be erected or made thereon.
B. The Tenant shall not suffer nor permit. during the Premisesterm hereby granted, any mechanic's or other liens for work, labor, services or materials rendered or furnished to or for the account of the Tenant upon or in connection with the Demised Premises or to any improvements erected or to be erected upon the same, or any portion thereof; and it is understood that Tenant shall obtain and deliver unconditional written waivers of mechanic's liens as specifically set forth in Article 3 of the printed form hereof. Nevertheless, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in shall hold the Premises, the building of which the Premises are a part, Landlord and the Shopping Center Demised Premises harmless from all liens or charges, of whatever nature or description, arising from, or in consequence of, any alterations or improvements that the overall development of which the Premises are a partTenant shall make, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in account made, upon the Demised Premises.
C. If a notice of any mechanic's lien be filed against the Demised Premises for labor performed or materials alleged to have been furnished, or to be furnished in connection with any work performed on at the Demised Premises on which any lien is to or can be validly and legally asserted against its leasehold interest in for the Premises Tenant or the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost to or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or for someone claiming under the terms of this Lease. Tenant; and if the Tenant shall discharge by payment or satisfactory bond pursuant fail to statutory procedures any take such action as shall cause such lien arising out of work performed or materials furnished on the Premises by, through and under Tenant to be discharged within thirty five (305) business days after the filing of samesuch notice; the Landlord may pay the amount of such lien or discharge it by deposit or by bonding proceeding, and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any judgment recovered on such claim. Any amount paid or expense incurred by the Landlord, as in the clause provided, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant to comply with any provision of this Lease, or in defending any such action, shall be deemed to be additional rent for the Demised Premises, and shall be due and payable by the Tenant to the Landlord on the first day of the next following month or at the option of the Landlord, on the first day of any succeeding month. The receipt by the Landlord of any installment of the regular stipulated rent hereunder or any of such additional rent shall not be a waiver of any other additional rent then due.
Appears in 1 contract
Mechanics’ Lien. 8.01 Tenant shall have no authority, express not suffer or implied, to create or place permit any mechanic's lien or incumbrances other lien to be filed against the Shopping Center, or any portion thereof including the Premises, by reason of Tenant's Work. If any kind such mechanic's lien or nature whatsoever uponother lien shall at any time be filed against the Shopping Center, or any portion thereof including the Premises, Tenant shall cause the same to be discharged of record within 30 days after the date of filing the same. If Tenant shall fail to discharge such mechanic's lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Shopping Center by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any instance portion thereof, including the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at the Maximum Rate, shall be repaid by Tenant to bindLandlord on demand by Landlord and if unpaid may be treated as Additional Rent. Tenant shall indemnify and defend Landlord and the Landlord Affiliated Entities against and save Landlord, the Landlord Affiliated Entities and the Shopping Center, or any portion thereof, including the Premises, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Premises Shopping Center, or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenantportion thereof, including those who may furnish materials or perform labor for any construction or repairsthe Premises. THIS FIRST AMENDMENT TO OFFICE LEASE ("First Amendment") made this 13th day of October, 2015, ("Effective Date") by and between Station Park CenterCal, LLC, a Delaware limited liability company ("Landlord"), and each such claim shall affect and each such lien shall attach toPluralsight, if at allLLC, only the leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty Utah limited liability company (30) days after the filing of same"Tenant").
Appears in 1 contract
Mechanics’ Lien. No work which Landlord permits Tenant to do pursuant to Paragraph 22, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic's 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. Tenant agrees to not engage any contractor for work done in the premises who requires the filing of a Mechanic's Notice of Intention. Tenant shall have no authoritypay promptly all persons furnishing labor or materials with respect to any work performed by Tenant or its contractor on or about the premises. In the event any mechanic's or other liens or any other notices of claim, express including, without limitation stop notices ("lien") shall at any time be filed by reason of work, labor, services or impliedmaterials performed or furnished to Tenant or to anyone holding the premises through or under Tenant, Tenant shall forthwith cause the same to create be discharged of record or place bonded to the satisfaction of the Landlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded within three (3) days after being notified of the filing thereof, then, in addition to any lien other right or incumbrances remedy of any kind or nature whatsoever uponLandlord, or in any instance Landlord may discharge the same by paying the amount claimed to bindbe due and the amount so paid by Landlord together with interest thereon at the highest legal rate and all costs and expenses, the interest of including reasonable attorneys' fees incurred by Landlord in procuring the Premises or to charge the rentals payable hereunder for any claim in favor discharge of any person or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a partlien, shall not be subject to any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in account of any labor performed or materials furnished in connection with any work performed Tenant to the Landlord as additional rent on the Premises on which any lien is first day of the next following month, or can may, at the Landlord's election, be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon. Tenant will save and hold Landlord harmless subtracted from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant sums owing to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of sameTenant.
Appears in 1 contract
Mechanics’ Lien. 8.01 Tenant shall have no authority, express not suffer or implied, to create or place permit any mechanic’s lien or incumbrances of any kind or nature whatsoever uponother lien to be filed against the Shopping Center, or in any instance to bindportion thereof including the Premises, the interest by reason of Landlord in the Premises Tenant’s Work. If any such mechanic’s lien or to charge the rentals payable hereunder for any claim in favor of any person or entity 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 other lien shall attach toat any time be filed against the Shopping Center, if at all, only the leasehold interest granted to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to any portion thereof including the Premises, Tenant shallshall cause the same to be discharged of record within 30 days after the date of filing the same. If Tenant shall fail to discharge such mechanic’s lien or liens or other lien within such period, then, in making such repairs addition to any other right or improvements, act solely for its own benefit and not as an agent or remedy of Landlord, and that Landlord's interest in after five days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the Premises, same by paying to the building claimant the amount claimed to be due or by procuring the discharge of which the Premises are a part, and such lien as to the Shopping Center by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of the same, or by the deposit of a bond or other security with such court sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Shopping Center, or any portion thereof, including the Premises. Any amount paid by Landlord, or the overall development value of which any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney’s fees of Landlord), together with interest thereon at the Premises are a partMaximum Rate, shall not be subject repaid by Tenant to any mechanic's, furnisher's or materialmen's liens. Tenants covenants Landlord on demand by Landlord and agrees that it will pay or cause to if unpaid may be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Leasetreated as Additional Rent. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on indemnify and defend Landlord and the Premises byLandlord Affiliated Entities against and save Landlord, through and under Tenant within thirty (30) days after the filing of same.Landlord Affiliated Entities and
Appears in 1 contract
Samples: Multi Tenant Office Lease Agreement (Pluralsight, Inc.)
Mechanics’ Lien. Tenant shall have In accordance with the applicable provisions of the Florida Mechanic’s Lien Law and specifically Florida Statutes, Section 713.10, no authority, express interest of Lessor whether personally or implied, to create or place any lien or incumbrances of any kind or nature whatsoever uponin the Premises, or in the underlying land or Project of which the Premises are a part of the leasehold interest aforesaid shall be subject to liens for improvements made by Lessee or caused to be made by Lessee hereunder. Further, Lessee acknowledges that Lessee, with respect to improvements or alterations made by Lessee or caused to be made by Lessee hereunder, shall promptly notify the contractor making such improvements to the Premises of this provision exculpating Lessor’s liability for such liens. No work performed by Lessee pursuant to this Lease, whether in the nature of erection, construction, alteration or repair, shall be deemed to be for the immediate use and benefit of Lessor so that no mechanic’s or other lien shall be allowed against the estate of Lessor by reason of any instance consent given by Lessor to bind, Lessee to improve the Premises. Lessee shall place such contractual provisions as Lessor may request in all contracts and subcontracts for Lessee’s improvements assuring Lessor that no mechanic’s liens will be asserted against Lessor’s interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building property of which the Premises are a part. Said contracts and subcontracts shall provide, among other things, the following: That notwithstanding anything in said contracts to the contrary, (Lessee)’s contractors, subcontractors, suppliers and materialmen (hereinafter collectively referred to as “Contractors”) will perform the Shopping Center work and/or furnish the required materials on the sole credit of Lessee; that no lien for labor or materials will be filed or claimed by the Contractors against Lessor’s interest in the Premises or the overall development property of which the Premises are a part; that the Contractors will immediately discharge any such lien filed by any of the Contractor’s suppliers, shall not be subject to any mechanic'slaborers, furnisher's materialmen or materialmen's liens. Tenants covenants subcontractors; and agrees that it the Contractors will pay or cause to be paid all sums due indemnify and payable by it in 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. Tenant will save and hold Landlord Lessor harmless from any and all loss, cost or expensecosts and expenses, including reasonable attorney's ’s fees, based on suffered or incurred as a result of any such lien against Lessor’s interest that may be filed or claimed in connection with or arising out of asserted claims work undertaken by the Contractors. Lessee shall pay promptly all persons furnishing labor or materials with respect to any work performed by Lessee or its Contractors on or about the Premises. If any mechanic’s or other liens shall at any time be filed against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms property of this Lease. Tenant shall discharge which the Premises are a part by payment reason of work, labor, services or satisfactory bond pursuant to statutory procedures any lien arising out of work materials performed or materials furnished on furnished, or alleged to have been performed or furnished, to Lessee or to anyone holding the Premises bythrough or under Lessee, through and under Tenant regardless of whether any such lien is asserted against the interest of Lessor or Lessee, Lessee shall cause the same to be discharged of record or bonded to the satisfaction of Lessor within thirty (30) days of notice of such lien. If Lessee shall fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then, in addition to being an Event of sameDefault and any other right or remedy of Lessor, Lessor may bond or discharge the same by paying the amount claimed to be due, and the amount so paid by Lessor, including reasonable attorneys’ fees incurred by Lessor either in defending against such lien or in procuring the bonding or discharge of such lien, together with interest thereon at the Default Rate, shall be due and payable by Lessee to Lessor as Additional Rent. THE PREMISES AND INTEREST OF LESSOR IN THE PREMISES IS NOT SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY, OR FOR THE ACCOUNT OF LESSEE.
Appears in 1 contract
Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
Mechanics’ Lien. Xxxxxx agrees to pay before delinquency all costs for work, services or materials furnished to Tenant shall have no authorityfor the Premises, express or implied, to create or place the nonpayment of which could result in any lien against the land upon which the Building is located (the "Land'J or incumbrances the Building. Tenant will keep title to the Land and Building free and clear of any kind or nature whatsoever upon, or in any instance to bind, the such lien. The interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject in any way to any mechanic'sliens, furnisher's including construction liens, for improvements to or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in account of any labor performed or materials furnished in connection with any other work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises by or the improvements thereonon behalf of Tenant. This exculpation is made with express reference to Section 713.10, Florida Statutes. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against shall notify every contractor making improvements to the leasehold estate or against Premises that the rights, title and ·interest of Landlord in the Premises shall not be subject to liens for improvements to or under other work performed in the terms Premises by or on behalf of Tenant. Landlord may record in the public records of the county in which the Building is located a notice containing a true and correct copy of this Leaseprovision. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures If any lien arising out is filed against the Premises, Xxxxxx will immediately notify Landlord of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of sameany such lien or any pending claims or proceedings relating to any such lien and will indemnify and hold Landlord harmless from and against all loss, damages, and expenses (including reasonable attorney's fees) suffered or incurred by Landlord as a result of such lien, claims and proceedings. In case any such lien attaches, Xxxxxx agrees to cause it to be immediately released and removed of record (failing which Landlord may do so at Tenant's sole expense), unless Xxxxxx has a good faith dispute as to such lien in which case Tenant may contest such lien by appropriate proceedings so long as Tenant deposits a lien transfer bond (if applicable) drawn ori a bondsman acceptable to Landlord or deposits with Landlord a bond or other security in an amount reasonably acceptable to Landlord which may be used by Landlord to release such lien. Upon final determination of any permitted contest, Xxxxxx will immediately pay any judgment rendered and cause the lien to be released.
Appears in 1 contract
Mechanics’ Lien. Xxxxxx understands and agrees that Tenant shall and anyone acting on Xxxxxx’s behalf do not have no authoritythe right to file for mechanic’s liens or any other kind of liens on the Premises. Xxxxxx agrees to give actual advance notice to any contractors, express subcontractors or impliedsuppliers of goods, labor or services that such liens are invalid. Xxxxxx further agrees to create or place any lien or incumbrances take the additional steps necessary to keep the Premises free of any kind and all liens that may result from construction completed by or nature whatsoever uponfor Tenant. ● Alterations. Tenant will not make any alteration, addition or in any instance improvement to bind, the interest of Landlord in the Premises without first obtaining Landlord’s written consent. Any and all alterations, additions or improvements (consented or not) to charge the rentals payable hereunder for any claim in favor of any person or entity 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 Premises are without payment to Tenant by this instrument. It is understood and agreed that if Tenant shall make repairs or improvements to will become Landlord’s property immediately on completion and remain on the Premises, Tenant shallunless Landlord requests or permits removal, in making such repairs which case Tenant will return that part of the Premises to the same condition as existed prior to the alteration, addition or improvements, act solely for its own benefit and improvement. Tenant will not as an agent change any existing locks or Landlord, and that install any additional locks on the Premises without first obtaining Landlord's interest in written consent and must provide Landlord a copy of all keys. ● Pets. The Tenant is allowed to keep pets (dog and/or cat) on Premises. The Tenant will pay a $250 refundable pet deposit, plus an additional $25 fee per month, per pet. The Tenant is not allowed to have or keep any additional pets, even temporarily, on any part of the Premises, without written consent from Landlord. No more than four (4) pets will be allowed in the building unit at any time. The unauthorized presence of which any pet will subject the Tenant to penalties, damages, deductions and/or termination of this Agreement. Properly trained service animals that provide assistance to individuals with proper documentation may be permitted on the Premises are a partwith the prior written consent of Landlord, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject to unreasonably withheld. The Tenant will be responsible for the costs of de-fleaing, deodorizing and/or shampooing all or any mechanic's, furnisher's or materialmen's liens. Tenants covenants and agrees that it will pay or cause to be paid all sums due and payable by it in account portion of any labor performed or materials furnished in connection with any work performed the Premises if a pet has been on the Premises on which at any lien time during the Term (whether with or without written consent of Landlord). Any pet that is or can to be validly taken outdoors must be well trained and legally asserted against its leasehold interest in on-leash while outside of designated off-leash areas. Pets are to be well trained and respective of other Tenants and Xxxxxx’s property. Any injury and/or damages inflicted by pets upon other Tenants and/or Xxxxxx’s property is the Premises or responsibility of the improvements thereon. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant within thirty (30) days after the filing of samesubject pet’s owner.
Appears in 1 contract
Samples: Tenant Rules
Mechanics’ Lien. As security for the performance of Tenant's obligations under this Lease, Tenant shall have no authorityhereby grants to Landlord a security interest in, express and Landlord's lien upon all of Tenant's Property located in the demised premises as the same may exist from time to time, it being understood and agreed that Tenant may, from time to time without first obtaining Landlord's consent, replace or impliedremove any such property from the demised premises. Provided that if Tenant fails to execute the same within twenty (20) days of Landlord's written request therefor. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact and empowers Landlord to execute on Tenant's behalf a UCC-1 Financing Statement, renewals and terminations thereof, for the purpose of perfecting Landlord's security interest as provided herein or as otherwise provided by law. Landlord agrees to create or place subordinate the lien granted to Landlord herein to any lien or incumbrances other security interest which secures the payment of the deferred portion of the purchase price of any kind furnishings, inventory, equipment or nature whatsoever uponfixtures of Tenant placed in or on the demised premises, provided any such subordination instruments requested by a purchase money lender is reasonably satisfactory in form and content to Landlord and counsel of Landlord and includes reasonable assurances that any such purchase money lender removing any property of Tenant from the demised premises shall notify Landlord in writing prior to such removal, shall repair any damage to the demised premises occasioned by such removal and that such purchase money lender shall remove any such property from the demised premises within five (5) days after termination of the Lease. Tenant agrees that it will make full and prompt payment of all sums necessary to pay for the cost of repairs, alterations, improvements, changes or other work done by Tenant to the demised premises and further agrees to indemnify and hold harmless Landlord from and against any and all such costs and liabilities incurred by Tenant, and against any and all mechanic's, materialmen's or laborer's liens arising out of or from such work or the cost thereof which may be asserted, claimed or charged against the demised premises or the property. Notwithstanding anything to the contrary in any instance to bindthis Lease, the interest of Landlord in the Premises demised premises shall not be subject to liens for improvements made by or to charge the rentals payable hereunder for any claim in favor of any person or entity dealing with Tenant, including those who may furnish materials whether or perform labor for not the same shall be made or done in accordance with any construction or repairsagreement between Landlord and Tenant, 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. It it is specifically understood and agreed that if Tenant in no event shall make repairs Landlord or improvements the interest of Landlord in the demised premises be liable for or subjected to any mechanic's, materialmen s or laborer's liens for improvement or work made by or for Tenant. This Lease specifically prohibits the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that subjecting of Landlord's interest in the Premises, the building of which the Premises are a part, and the Shopping Center or the overall development of which the Premises are a part, shall not be subject demised premises to any mechanic's, furnishermaterialmen's or materialmenlaborer's liens. Tenants covenants and agrees that it will pay liens for improvements made by Tenant or cause to be paid all sums due and payable by it in account for which Tenant is responsible for payment under the terms 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 thereonthis provision. Tenant will save shall adivse its contractors, subcontractors, materialmen and hold Landlord harmless from any and all loss, cost other lienors of this provision. In the event any notice or expense, including attorney's fees, based on or arising out claim of lien shall be asserted claims or liens of record against the leasehold estate or against the rights, title and interest of Landlord in the Premises demised premises or the site on which it is located on account of or growing out of any improvement or work done by or for Tenant, or any person claiming by, through or under Tenant, for improvements or work the terms cost of this Lease. which is the responsibility of Tenant, Tenant shall discharge agrees to have such notice of claim of lien canceled and discharged of record as a claim against the interest of Landlord in the demised premises or property (either by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant as permitted by law) within thirty twenty (3020) days after notice to Tenant by Landlord, and in the filing of sameevent Tenant shall fail to do so, Tenant shall be considered in default under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Market America Inc)
Mechanics’ Lien. Tenant will not permit, during the term of this Lease, any Mechanic's Lien or other lien or order for payment of work, labor, services or materials furnished or to be furnished to attach to or affect the Demised Premises or any portion thereof, and agrees that no such lien or order shall have under any circumstances attach to or affect the fee, Leasehold, or other estate of the Owner herein or the building. The Tenant's obligation to keep the Demised Premises in repair, and its right to make alterations therein shall not be construed as the consent of the Owner to the furnishing of such work, labor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no authoritypower, express authority or impliedright to do any act or to make any contract with may create, to create or place be the foundation for any lien upon the fee or incumbrances Leasehold estate of any kind or nature whatsoever upon, or in any instance to bind, the interest of Landlord Owner in the Demised Premises or to charge upon the rentals payable hereunder for any claim in favor of any person land or entity 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. It is understood and agreed that if Tenant shall make repairs or improvements to the Premises, Tenant shall, in making such repairs or improvements, act solely for its own benefit and not as an agent or Landlord, and that Landlord's interest in the Premises, the building of which the Premises they are a part. The Tenant shall within thirty (30) days after notice, and discharge said lien or order payments by deposit or by bond fixed in a proper proceeding according to law. If the Shopping Center Tenant shall fail to take such action, or the overall development of which the Premises are a part, shall not be subject to any mechanic's, furnisher's cause such lien or materialmen's liens. Tenants covenants and agrees that it will pay or cause order to be paid all sums due and payable by it in 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. Tenant will save and hold Landlord harmless from any and all loss, cost or expense, including attorney's fees, based on or arising out of asserted claims or liens against the leasehold estate or against the rights, title and interest of Landlord in the Premises or under the terms of this Lease. Tenant shall discharge by payment or satisfactory bond pursuant to statutory procedures any lien arising out of work performed or materials furnished on the Premises by, through and under Tenant discharged within thirty (30) days after the filing notice of samefling thereof, the Owner may pay the amount of such lien or discharge the same by deposit or by bond or in any other manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with the expenses incurred by the Owner, including all reasonable attorney's fees and disbursements incurred in any defense of such action, bonding or other proceeding, shall be deemed Additional Rent.
Appears in 1 contract
Samples: Office Lease (Ijc Ventures Corp)