Common use of Mechanics’ Liens and Claims Clause in Contracts

Mechanics’ Liens and Claims. IT IS THE INTENT OF LANDLORD AND TENANT THAT NOTHING CONTAINED IN THIS LEASE SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISES, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S INTEREST IN THE LEASED PREMISES, THE PROJECT, OR ANY PROPERTY OF LANDLORD, OR IMPOSING ANY LIABILITY ON LANDLORD FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT UPON CREDIT. LANDLORD SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS LANDLORD MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORD, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC’S LIENS. If any Lien shall be filed against Landlord’s or Tenant’s interest in the Leased Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (collectively, any “ Mechanic’s Lien”) by or on behalf of Tenant, any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice of the filing thereof but in no event less than thirty

Mechanics’ Liens and Claims. IT IS THE INTENT OF LANDLORD AND TENANT THAT NOTHING CONTAINED IN THIS LEASE SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISES, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S INTEREST IN THE LEASED PREMISES, THE PROJECT, OR ANY PROPERTY OF LANDLORD, OR IMPOSING ANY LIABILITY ON LANDLORD FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT UPON CREDIT. LANDLORD SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS LANDLORD MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORD, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC’S LIENS. If any Lien shall be filed against Landlord’s or Tenant’s interest in the Leased Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (collectively, any “ “Mechanic’s Lien”) by or on behalf of Tenant, any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice of the filing thereof but in no event less than thirty

Mechanics’ Liens and Claims. IT IS THE INTENT OF LANDLORD AND TENANT THAT NOTHING CONTAINED IN THIS LEASE SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISES, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S INTEREST IN THE LEASED PREMISES, THE PROJECT, OR ANY PROPERTY OF LANDLORD, OR IMPOSING ANY LIABILITY ON LANDLORD FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT UPON CREDIT. LANDLORD AUTHORITY SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN ON THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS LANDLORD AUTHORITY MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORDAUTHORITY, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC’S 'S LIENS. If any Lien lien shall be filed against Landlord’s Authority or Tenant’s interest in the Leased Premises any property of Authority by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (each a “Mechanic's Lien" and collectively, any “ the “Mechanic’s Lien”'s Liens") by or on behalf of TenantLessee, any Affiliate of Tenant Lessee or anyone claiming by, through or under Tenant Lessee or any Affiliate of TenantLessee, Tenant Lessee shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Workexpense, after notice of the filing thereof but in no event less than thirtythirty (30) calendar days prior to the foreclosure of any such Mechanic's Lien, cause the same to be satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction of Authority, the enforcement or foreclosure thereof against Authority’s interest in the Leased Premises, Authority, or any property of Authority by injunction, payment, deposit, bond, order of court or otherwise. If Lessee fails to satisfy or discharge of record any such Mechanic's Lien, or effectively prevent the enforcement thereof, by the date which is thirty (30) calendar days prior to the foreclosure thereof, then Authority shall have the right, but not the obligation, to satisfy or discharge such Mechanic's Lien by payment to the claimant on whose behalf it was filed, and Lessee shall reimburse Authority within fifteen (15) calendar days after receipt of invoice for all amounts paid by Authority (including reasonable attorneys' fees, costs and expenses), together with interest on such amounts at five percent (5%) per annum from the date of demand for such amounts by Authority until reimbursed by Lessee, without regard to any defense or offset that Lessee has or may have had against such Mechanic's Lien claim. Lessee shall indemnify, defend and hold Authority harmless from and against any and all such Mechanic's Liens (including, all costs, expenses and liabilities, including reasonable attorneys' fees and court costs, so incurred in connection with such Mechanic's Liens).

Mechanics’ Liens and Claims. IT IS THE INTENT OF LANDLORD AND TENANT THAT NOTHING CONTAINED IN THIS LEASE SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISES, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S INTEREST IN THE LEASED PREMISES, THE PROJECT, OR ANY PROPERTY OF LANDLORD, OR IMPOSING ANY LIABILITY ON LANDLORD FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT UPON CREDIT. LANDLORD SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS LANDLORD MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORD, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC’S LIENS. If any Lien or Claim of Lien, whether xxxxxx or inchoate, shall be filed against Landlord’s or Tenantthe Premises, the Hotel Project Improvements, the Owner’s interest in the Leased Premises or the Hotel Project Improvements, the Owner, any Property of the Owner by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises or the Hotel Project Improvements (collectively, any “ Mechanic’s “Mechanics’ Lien”) by or on behalf of Tenant), any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant the Developer shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice Notice of the filing thereof but in no event less than thirtythirty (30) calendar days prior to the foreclosure of any such Mechanics’ Lien, cause the same to be satisfied or discharged of record, or effectively prevent, by xxxx, order of court or otherwise, the enforcement or foreclosure thereof against the Premises, the Hotel Project Improvements, the Owner, the City, or any Property of the Owner or the City. If the Developer fails to satisfy or discharge of record any such Mechanics’ Lien, or effectively prevent the enforcement thereof, by the date which is thirty (30) calendar days prior to the foreclosure thereof, then the Owner shall have the right, but not the obligation following Notice to the Developer, to satisfy or discharge such Mechanics’ Lien by payment to the claimant on whose behalf it was filed, and the Developer shall reimburse the Owner within fifteen (15) calendar days after demand therefor for all amounts paid by or on behalf of the Owner (together with reasonable attorneys’ fees, costs and expenses so incurred by the Owner) without regard to any defense or offset that the Developer has or may have had against such Mechanics’ Lien claim. The Developer shall indemnify, defend and hold the Owner and the City harmless from and against any and all such Mechanics’ Liens (including all costs, expenses and liabilities, including reasonable attorneys’ fees and costs, so incurred in connection with such Mechanics’ Liens). IT IS THE INTENT OF THE OWNER AND DEVELOPER THAT NOTHING CONTAINED IN THIS DEVELOPER AGREEMENT SHALL (A) BE CONSTRUED AS A WAIVER OF THE CITY’S LEGAL IMMUNITY AGAINST MECHANICS’ LIENS ON ITS PROPERTY OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANICS’ LIENS ON ITS PROPERTY, INCLUDING THE PREMISES OR (B) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF THE OWNER FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, DEVELOPER THAT WOULD GIVE RISE TO ANY SUCH MECHANICS’ LIEN AGAINST THE OWNER’S INTEREST IN THE PREMISES, THE HOTEL PROJECT IMPROVEMENTS, THE OWNER, THE CITY OR ANY PROPERTY OF THE OWNER OR THE CITY, OR IMPOSING ANY LIABILITY ON THE OWNER FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO DEVELOPER UPON CREDIT. THE OWNER SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY AT THE PREMISES TO POST AND KEEP POSTED AT THE PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS THE OWNER MAY DEEM NECESSARY FOR THE PROTECTION OF THE OWNER AND THE CITY, AND THE FEE OF THE PREMISES FROM MECHANICS’ LIENS.

Mechanics’ Liens and Claims. IT IS THE INTENT OF LANDLORD AND TENANT THAT NOTHING CONTAINED IN THIS LEASE SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISES, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S INTEREST IN THE LEASED PREMISES, THE PROJECT, OR ANY PROPERTY OF LANDLORD, OR IMPOSING ANY LIABILITY ON LANDLORD FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT UPON CREDIT. LANDLORD SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS LANDLORD MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORD, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC’S LIENS. If any Lien or Claim of Lien, whether xxxxxx or inchoate, shall be filed against Landlord’s or Tenantthe Premises, the Hotel Project Improvements, the Owner’s interest in the Leased Premises or the Hotel Project Improvements, the Owner, any Property of the Owner by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises or the Hotel Project Improvements (collectively, any “ Mechanic’s “Mechanics’ Lien”) by or on behalf of Tenant), any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant the Developer shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice Notice of the filing thereof but in no event less than thirtythirty (30) calendar days prior to the foreclosure of any such Mechanics’ Lien, cause the same to be satisfied or discharged of record, or effectively prevent, by bond, order of court or otherwise, the enforcement or foreclosure thereof against the Premises, the Hotel Project Improvements, the Owner, the City, or any Property of the Owner or the City. If the Developer fails to satisfy or discharge of record any such Mechanics’ Lien, or effectively prevent the enforcement thereof, by the date which is thirty (30) calendar days prior to the foreclosure thereof, then the Owner shall have the right, but not the obligation following Notice to the Developer, to satisfy or discharge such Mechanics’ Lien by payment to the claimant on whose behalf it was filed, and the Developer shall reimburse the Owner within fifteen (15) calendar days after demand therefor for all amounts paid by or on behalf of the Owner (together with reasonable attorneys’ fees, costs and expenses so incurred by the Owner) without regard to any defense or offset that the Developer has or may have had against such Mechanics’ Lien claim. The Developer shall indemnify, defend and hold the Owner and the City harmless from and against any and all such Mechanics’ Liens (including all costs, expenses and liabilities, including reasonable attorneys’ fees and costs, so incurred in connection with such Mechanics’ Liens). IT IS THE INTENT OF THE OWNER AND DEVELOPER THAT NOTHING CONTAINED IN THIS DEVELOPER AGREEMENT SHALL (A) BE CONSTRUED AS A WAIVER OF THE CITY’S LEGAL IMMUNITY AGAINST MECHANICS’ LIENS ON ITS PROPERTY OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANICS’ LIENS ON ITS PROPERTY, INCLUDING THE PREMISES OR (B) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF THE OWNER FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, DEVELOPER THAT WOULD GIVE RISE TO ANY SUCH MECHANICS’ LIEN AGAINST THE OWNER’S INTEREST IN THE PREMISES, THE HOTEL PROJECT IMPROVEMENTS, THE OWNER, THE CITY OR ANY PROPERTY OF THE OWNER OR THE CITY, OR IMPOSING ANY LIABILITY ON THE OWNER FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO DEVELOPER UPON CREDIT. THE OWNER SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY AT THE PREMISES TO POST AND KEEP POSTED AT THE PREMISES SUCH NOTICES OF NON-RESPONSIBILITY AS THE OWNER MAY DEEM NECESSARY FOR THE PROTECTION OF THE OWNER AND THE CITY, AND THE FEE OF THE PREMISES FROM MECHANICS’ LIENS.

Mechanics’ Liens and Claims. If any Lien shall be filed against an MEDC interest in the Complex Site, the MEDC, or any Property of the MEDC by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Complex Site (collectively, any “Mechanic’s Lien”) by or on behalf of Owner, any Affiliate of Owner or anyone claiming by, through or under Owner or any Affiliate of Owner, Owner shall, at its cost and expense, after Notice of the filing thereof but in no event less than sixty (60) days after it is filed or claimed, cause the same to be released, satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction of City Representative, the enforcement or foreclosure thereof against any MEDC interest in the Complex Site, the MEDC, or any Property of the MEDC or by injunction, payment, deposit, bond, order of court or otherwise. If Owner fails to satisfy or discharge of record any such Mechanic’s Lien, or effectively prevent the enforcement thereof, not less than sixty (60) days after it is filed or claimed, then the MEDC shall have the right, but not the obligation, to satisfy or discharge such Xxxxxxxx’s Lien by payment to the claimant on whose behalf it was filed, and Owner shall reimburse the MEDC within fifteen (15) days after demand for all amounts paid by the MEDC (including reasonable attorneys’ fees, costs and expenses), together with interest on such amounts at the Default Rate from the date of demand for such amounts by the MEDC until reimbursed by Owner, without regard to any defense or offset that Owner has or may have had against such Xxxxxxxx’s Lien claim. Owner shall indemnify, defend and hold the City Parties harmless from and against any and all such Mechanic’s Liens (including, all costs, expenses and liabilities, including reasonable attorneys’ fees and court costs, so incurred in connection with such Xxxxxxxx’s Liens). IT IS THE INTENT OF LANDLORD CITY PARTIES AND TENANT OWNER THAT NOTHING CONTAINED IN THIS LEASE AGREEMENT SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S OF CITY PARTIES’ LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISESCOMPLEX SITE, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD CITY PARTIES FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT OWNER THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S CITY PARTIES’ INTEREST IN THE LEASED PREMISESCOMPLEX SITE, THE PROJECT, OR ANY PROPERTY OF LANDLORDCITY PARTIES, OR IMPOSING ANY LIABILITY ON LANDLORD CITY PARTIES FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT OWNER UPON CREDIT, (3) GIVE OWNER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR OR PERMIT TO BE FURNISHED ANY SERVICE OR MATERIALS, IF DOING SO WOULD GIVE RISE TO THE FILING OF ANY MECHANICS’ OR MATERIALMANS’ LIEN AGAINST ANY OR ALL OF THE LAND OR ANY CITY PARTY INTEREST THEREIN; OR (4) TO EVIDENCE CITY PARTIES’ CONSENT THAT THE LAND BE SUBJECTED TO ANY SUCH MECHANICS’ OR MATERIALMANS’ LIEN. LANDLORD CITY PARTIES SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES COMPLEX SITE TO POST AND KEEP POSTED ON THE LEASED PREMISES COMPLEX SITE SUCH NOTICES OF NON-RESPONSIBILITY AS LANDLORD CITY PARTIES MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORDCITY PARTIES, AND THE FEE OF THE LEASED PREMISESCOMPLEX SITE, FROM MECHANIC’S LIENS. If any Lien shall be filed against Landlord’s or Tenant’s interest in the Leased Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (collectively, any “ Mechanic’s Lien”) by or on behalf of Tenant, any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice of the filing thereof but in no event less than thirty.

Mechanics’ Liens and Claims. If any Lien shall be filed against an MEDC interest in the Complex Site, the MEDC, or any Property of the MEDC by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Complex Site (collectively, any “Mechanic’s Lien”) by or on behalf of Owner, any Affiliate of Owner or anyone claiming by, through or under Owner or any Affiliate of Owner, Owner shall, at its cost and expense, after Notice of the filing thereof but in no event less than sixty (60) days after it is filed or claimed, cause the same to be released, satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction of City Representative, the enforcement or foreclosure thereof against any MEDC interest in the Complex Site, the MEDC, or any Property of the MEDC or by injunction, payment, deposit, bond, order of court or otherwise. If Owner fails to satisfy or discharge of record any such Mechanic’s Lien, or effectively prevent the enforcement thereof, not less than sixty (60) days after it is filed or claimed, then the MEDC shall have the right, but not the obligation, to satisfy or discharge such Mxxxxxxx’s Lien by payment to the claimant on whose behalf it was filed, and Owner shall reimburse the MEDC within fifteen (15) days after demand for all amounts paid by the MEDC (including reasonable attorneys’ fees, costs and expenses), together with interest on such amounts at the Default Rate from the date of demand for such amounts by the MEDC until reimbursed by Owner, without regard to any defense or offset that Owner has or may have had against such Mxxxxxxx’s Lien claim. Owner shall indemnify, defend and hold the City Parties harmless from and against any and all such Mechanic’s Liens (including, all costs, expenses and liabilities, including reasonable attorneys’ fees and court costs, so incurred in connection with such Mxxxxxxx’s Liens). IT IS THE INTENT OF LANDLORD CITY PARTIES AND TENANT OWNER THAT NOTHING CONTAINED IN THIS LEASE AGREEMENT SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S OF CITY PARTIES’ LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISESCOMPLEX SITE, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD CITY PARTIES FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT OWNER THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S CITY PARTIES’ INTEREST IN THE LEASED PREMISESCOMPLEX SITE, THE PROJECT, OR ANY PROPERTY OF LANDLORDCITY PARTIES, OR IMPOSING ANY LIABILITY ON LANDLORD CITY PARTIES FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT OWNER UPON CREDIT, (3) GIVE OWNER ANY RIGHT, POWER OR AUTHORITY TO CONTRACT FOR OR PERMIT TO BE FURNISHED ANY SERVICE OR MATERIALS, IF DOING SO WOULD GIVE RISE TO THE FILING OF ANY MECHANICS’ OR MATERIALMANS’ LIEN AGAINST ANY OR ALL OF THE LAND OR ANY CITY PARTY INTEREST THEREIN; OR (4) TO EVIDENCE CITY PARTIES’ CONSENT THAT THE LAND BE SUBJECTED TO ANY SUCH MECHANICS’ OR MATERIALMANS’ LIEN. LANDLORD CITY PARTIES SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES COMPLEX SITE TO POST AND KEEP POSTED ON THE LEASED PREMISES COMPLEX SITE SUCH NOTICES OF NON-RESPONSIBILITY AS LANDLORD CITY PARTIES MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORDCITY PARTIES, AND THE FEE OF THE LEASED PREMISESCOMPLEX SITE, FROM MECHANIC’S LIENS. If any Lien shall be filed against Landlord’s or Tenant’s interest in the Leased Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (collectively, any “ Mechanic’s Lien”) by or on behalf of Tenant, any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice of the filing thereof but in no event less than thirty.

Mechanics’ Liens and Claims. IT IS THE INTENT OF LANDLORD AND TENANT THAT NOTHING CONTAINED IN THIS LEASE SHALL (1) BE CONSTRUED AS A WAIVER LANDLORD’S LEGAL IMMUNITY AGAINST MECHANIC’S LIENS ON ITS PROPERTY AND/OR ITS CONSTITUTIONAL AND STATUTORY RIGHTS AGAINST MECHANIC’S LIENS ON ITS PROPERTY, INCLUDING THE LEASED PREMISES, OR (2) BE CONSTRUED AS CONSTITUTING THE EXPRESS OR IMPLIED CONSENT OR PERMISSION OF LANDLORD FOR THE PERFORMANCE OF ANY LABOR OR SERVICES FOR, OR THE FURNISHING OF ANY MATERIALS TO, TENANT THAT WOULD GIVE RISE TO ANY SUCH MECHANIC’S LIEN AGAINST LANDLORD’S INTEREST IN THE LEASED PREMISES, THE PROJECT, OR ANY PROPERTY OF LANDLORD, OR IMPOSING ANY LIABILITY ON LANDLORD FOR ANY LABOR OR MATERIALS FURNISHED TO OR TO BE FURNISHED TO TENANT UPON CREDIT. LANDLORD SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES DURING ANY CONSTRUCTION ACTIVITY IN THE LEASED PREMISES TO POST AND KEEP POSTED ON THE LEASED PREMISES SUCH NOTICES OF NON-NON- RESPONSIBILITY AS LANDLORD MAY DEEM NECESSARY FOR THE PROTECTION OF LANDLORD, AND THE FEE OF THE LEASED PREMISES, FROM MECHANIC’S LIENS. If any Lien shall be filed against Landlord’s or Tenant’s interest in the Leased Premises by reason of any work, labor, services or materials supplied or claimed to have been supplied on or to the Leased Premises (collectively, any “ “Mechanic’s Lien”) by or on behalf of Tenant, any Affiliate of Tenant or anyone claiming by, through or under Tenant or any Affiliate of Tenant, Tenant shall, at its cost and expense but as a portion of Total Project Costs if incurred in connection with the Project Improvements Work, after notice of the filing thereof but in no event less than thirtythirty (30) calendar days prior to the foreclosure of any such Mechanic’s Lien, cause the same to be satisfied or discharged of record, or effectively prevent, to the reasonable satisfaction of Landlord Representative, the enforcement or foreclosure thereof against Landlord’s or Tenant’s interest in the Leased Premises by injunction, payment, deposit, bond, order of court or otherwise. If Tenant fails to satisfy or discharge of record any such Mechanic’s Lien, or effectively prevent the enforcement thereof, by the date which is thirty (30) calendar days prior to the foreclosure thereof, then Landlord shall have the right, but not the obligation, to satisfy or discharge such Xxxxxxxx’s Lien by payment to the claimant on whose behalf it was filed, and Tenant shall reimburse Landlord within fifteen (15) calendar days after demand for all amounts paid by Landlord (including reasonable attorneys’ fees, costs and expenses), together with interest on such amounts at the Default Rate from the date of demand for such amounts by Landlord until reimbursed by Xxxxxx, without regard to any defense or offset that Tenant has or may have had against such Xxxxxxxx’s Lien claim. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all such Xxxxxxxx’s Liens (including, all costs, expenses and liabilities, including reasonable attorneys’ fees and court costs, so incurred in connection with such Xxxxxxxx’s Liens).