Common use of MECHANICS' LIENS AND OTHER LIENS Clause in Contracts

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 Tenant shall not suffer or permit any mechanic’s liens to be filed against the Demised Premises or any part or portion thereof, by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant, or to anyone holding the Demised Premises or any part thereof, through or under Tenant. If any such mechanic’s liens shall at any time be filed against the Demised Premises or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty (60) days after the date of filing the same. If Tenant shall fail to discharge such mechanic’s lien or liens within such period then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in a court of law or by giving security, or in such manner as is, or may be, prescribed by present or future law. Any amount paid by Landlord for any of the aforesaid purposes, and all reasonable legal and other expenses of Landlord including reasonable attorneys’ fees, incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, with interest thereon at the Lease Interest Rate from the date of payment, shall be repaid by Tenant to Landlord on demand by Landlord, and if unpaid may be treated as additional rent. Nothing herein contained shall imply any consent or agreement on the part of Landlord to subject Landlord’s estate to liability under any mechanic’s lien law.

Appears in 2 contracts

Samples: Lease Agreement (Accentia Biopharmaceuticals Inc), Lease Agreement (Biovest International Inc)

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MECHANICS' LIENS AND OTHER LIENS. Section 9.1 Tenant shall not suffer or permit any mechanic’s liens 's lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens 's lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty thirty (6030) days after the date of filing the same. If The foregoing notwithstanding, after prior written notice to Landlord, Tenant shall fail have the right, at its sole cost and expense and without cost or expense to discharge Landlord, to contest the validity of any such mechanic’s mechanics lien provided that the Tenant (i) prosecutes the contest with due diligence and in good faith, (ii) agrees to indemnify, defend and hold harmless Landlord and the Demised Premises from any charge, liability or liens within expense whatsoever in connection with such period thencontest and/or the mechanics lien being contested, and (iii) deposits in addition escrow with an escrow agent reasonably acceptable to Landlord and Tenant, or obtains a bond, for the amount of the lien amount being contested. Prior to Tenant commencing any work of improvement which will result in the placement of any fixtures or permanent materials on the Premises, Tenant shall provide Landlord at least ten (10) days notice in order for Landlord to post an appropriate notice of non-responsibility on the Demised Premises. All material providers, contractors, artisans, mechanics, laborers and any other right person now or remedy of Landlordhereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised 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 may, but shall not be obligated toliable for any labor, discharge the same either by paying the amount claimed services, materials, supplies, skill, machinery, fixture or equipment furnished or to be due furnished to Tenant upon credit, and that no mechanic's lien or by procuring other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the discharge estate or interest of such lien by deposit Landlord in a court of law or by giving securityand to the Demised Premises, or in such manner as is, or may be, prescribed by present or future law. Any amount paid by Landlord for any of the aforesaid purposes, and all reasonable legal and other expenses of Landlord including reasonable attorneys’ fees, incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, with interest thereon at the Lease Interest Rate from the date of payment, shall be repaid by Tenant to Landlord on demand by Landlord, and if unpaid may be treated as additional rent. Nothing herein contained shall imply any consent or agreement on the part of Landlord to subject Landlord’s estate to liability under any mechanic’s lien lawportion thereof.

Appears in 1 contract

Samples: Lease Agreement (Renaissance Entertainment Corp)

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 10.1 Freedom from Liens. Tenant shall not suffer or permit any mechanic’s liens lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty thirty (6030) 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 period, then, in addition to any other right or remedy of Landlord, after five (5) days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a court cash sum sufficient to secure the discharge of law the same, or by giving securitythe 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, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Demised Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys’ feesfees of Landlord), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at the Lease Maximum Rate of Interest Rate from the date of paymentset forth in Section 3.4 hereof, shall be repaid by Tenant to Landlord on demand by Landlord, Landlord and if unpaid may be treated as additional rentAdditional Rent. Nothing herein contained Tenant shall imply indemnify, defend and hold harmless Landlord and the Demised Premises, and any consent portion thereof, from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys’ fees resulting from the assertion, filing, foreclosure or agreement on the part of Landlord other legal proceedings with respect to subject Landlord’s estate to liability under any such mechanic’s lien lawor other lien. All materialmen, contractors (other than Landlord), artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Demised 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 state or interest of Landlord in and to the Demised Premises, or any portion thereof.

Appears in 1 contract

Samples: Net Lease (Wells Mid-Horizon Value-Added Fund I LLC)

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 10.1 Tenant shall not suffer or permit any mechanic’s liens 's lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens 's lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record record, or handled in an alternative manner available under local law which meets with Landlord's reasonable approval, within sixty thirty (6030) days after the date of filing the same. If Tenant shall fail to discharge such mechanic’s 's lien or liens or other lien or liens within such period period, or otherwise dispose of same as herein provided, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceeding with respect thereto, of a court cash sum sufficient to secure the discharge of law the same, or by giving securitythe 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, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Demised Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys’ fees' fees of Landlord), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at the Lease Maximum Rate of Interest Rate from set 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 date of paymentDemised Premises, shall be repaid by 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 on demand by Landlordshall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and if unpaid may be treated as additional rent. Nothing herein contained that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall imply any consent attach to or agreement on affect the part estate or interest of Landlord in and to subject Landlord’s estate to liability under the Demised Premises, or any mechanic’s lien lawportion thereof.

Appears in 1 contract

Samples: Lease Agreement (Home Products International Inc)

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 10.1 Freedom from Liens. Tenant shall not suffer or permit any mechanic’s liens 's lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens 's lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty or bonded off, as permitted by statute, on or before the later of (60a) 30 days after the date of filing the same or (b) 15 days after Tenant's receipt of notice of the same. If Tenant shall fail to discharge or bond off such mechanic’s 's lien or liens or other lien within such period 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 either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a court cash sum sufficient to secure the discharge of law the same, or by giving securitythe 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, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Demised Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys’ feesattorney's fees of Landlord), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at the Lease Maximum Rate of Interest Rate from the date of paymentset forth in Section 3.4 hereof, shall be repaid by Tenant to Landlord on demand by Landlord, Landlord and if unpaid may be treated as additional rentAdditional Rent. Nothing herein contained Tenant shall imply indemnify and defend Landlord against and save Landlord and the Demised Premises, and any consent portion thereof, 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 agreement on other legal proceedings with respect to any such mechanic's lien or other lien. Tenant may obtain financing of its acquisition of its trade fixtures and equipment. Landlord agrees to subordinate its landlord's lien to the part rights of the lender using a form reasonably acceptable to Landlord. 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 Demised 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 subject Landlord’s estate to liability under the Demised Premises, or any mechanic’s lien lawportion thereof.

Appears in 1 contract

Samples: Net Lease Agreement (Merix Corp)

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 (a) Tenant shall not suffer or permit any mechanic’s liens 's lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens 's lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty thirty (6030) days after the date of filing the same. If Tenant shall fail to discharge such mechanic’s 's lien or liens or other lien within such period period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a court cash sum sufficient to secure the discharge of law the same, or by giving securitythe deposit of a bond or other security with such court continuation and sufficient in form, content and amount to procure the discharge of such lien, or in such other manner as is, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys’ feesattorney's fees of Landlord), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at a rate equal to the Lease Interest Rate from lesser of eighteen percent (18%) per annum or the date of paymenthighest lawful rate, shall be repaid by Tenant to Landlord on demand by Landlord, Landlord and if unpaid may be treated as additional rentAdditional Rent. Nothing herein contained Tenant shall imply indemnify and defend Landlord against and save Landlord and the Premises, and any consent portion thereof, 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 agreement on oilier legal proceedings with respect to any such mechanic's lien or other liens. 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 part 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 finished 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 subject Landlord’s estate to liability under the Premises, or any mechanic’s lien lawportion thereof.

Appears in 1 contract

Samples: Lease (EVO Transportation & Energy Services, Inc.)

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 12.1. Freedom from Liens. Tenant shall not suffer or permit any mechanic’s liens 's ------------------ lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens 's lien or other lien caused by or attributed to Tenant shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record or bonded within sixty (60) days after the date of filing the same. If Tenant shall fail to discharge or bond such mechanic’s 's lien or liens or other lien within such period period, then, in addition to any other right or remedy of Landlord, after five (5) days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in into the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a court cash sum sufficient to secure the discharge of law the same, or by giving securitythe 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, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Demised Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys’ fees' fees of Landlord), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at the Lease Maximum Rate of Interest Rate from the date of paymentset forth in Section 3.4 hereof, shall be repaid by Tenant to Landlord on demand by Landlord, Landlord and if unpaid may be treated as additional rentAdditional Rent. Nothing herein contained Tenant shall imply indemnify and defend Landlord against and save Landlord and the Demised Premises, and any consent portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees resulting from the assertion, filing, foreclosure or agreement on 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 part Demised 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 finished 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 state or interest of Landlord in and to subject Landlord’s estate to liability under the Demised Premises, or any mechanic’s lien lawportion thereof.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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MECHANICS' LIENS AND OTHER LIENS. Section 9.1 10.1 Freedom from Liens. Tenant shall not suffer or permit any mechanic’s liens lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to Tenantthe Demised Premises at the request of Tenant (other than Landlord’s Work or matters which are Landlord’s obligations), or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty thirty (6030) days after the date of filing the same, unless Tenant in good faith desires to contest the same, in which event the provisions of Section 19.4 below shall be applicable. If Tenant shall fail to discharge such mechanic’s lien or liens or other lien within such period period, or contest the same in good faith in accordance with Section 19.4, then, in addition to any other right or remedy of Landlord, after ten (10) days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a court cash sum sufficient to secure the discharge of law the same, or by giving securitythe 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, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Demised Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys’ feesfees of Landlord), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at the Lease Maximum Rate of Interest Rate from the date of paymentset forth in Section 3.4 hereof, shall be repaid by Tenant to Landlord on demand by Landlord, Landlord and if unpaid may be treated as additional rentAdditional Rent. Nothing herein contained Tenant shall imply indemnify, defend and hold harmless Landlord and the Demised Premises, and any consent portion thereof, from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys’ fees resulting from the assertion, filing, foreclosure or agreement on the part of Landlord other legal proceedings with respect to subject Landlord’s estate to liability under any such mechanic’s lien lawor other lien.

Appears in 1 contract

Samples: Lease Agreement (Church & Dwight Co Inc /De/)

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 11.1. Tenant shall not suffer or permit any mechanic’s liens 's lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, by, through or under Tenant. If any such mechanic’s liens 's lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty thirty (6030) days after the date of filing the same. If Tenant shall fail to discharge such mechanic’s 's lien or liens or other lien within such period period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Premises by deposit in of a court of law cash sum or by giving a bond or other security, or in such other manner as is, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys' fees), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at the Lease Maximum Rate of Interest Rate from the date of payment(as defined herein), shall be repaid by Tenant to Landlord on demand by as Additional Rent. Tenant shall indemnify and defend Landlord, its beneficiaries, managing agents and if unpaid may be treated as additional rent. Nothing herein contained shall imply Mortgagees against and save Landlord, its beneficiaries, managing agents, Mortgagees, and the Premises (and any consent portion thereof), harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees, resulting from the assertion, filing, foreclosure or agreement on the part of Landlord other legal proceedings with respect to subject Landlord’s estate to liability under any such mechanic’s 's lien lawor other lien.

Appears in 1 contract

Samples: California Microwave Inc

MECHANICS' LIENS AND OTHER LIENS. Section 9.1 10.1 Freedom from Liens. Tenant shall not suffer or permit any mechanic’s liens 's lien or other lien to be filed against the Demised Premises Premises, or any part or portion thereof, by reason of work, labor, services skill, services, equipment or materials supplied or claimed to have been supplied to the Demised Premises at the request of Tenant, or to anyone holding the Demised Premises Premises, or any part portion thereof, through or under Tenant. If any such mechanic’s liens 's lien or other lien shall at any time be filed against the Demised Premises Premises, or any part or portion thereof, Tenant shall cause the same to be discharged of record within sixty (60) 45 days after the date of filing the same. If Tenant shall fail to discharge such mechanic’s 's lien or liens or other lien within such period period, then, in addition to any other right or remedy of Landlord, after fifteen days prior written notice to Tenant, Landlord may, but shall not be obligated to, discharge the same either by paying to the claimant the amount claimed to be due or by procuring the discharge of such lien as to the Demised Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a court cash sum sufficient to secure the discharge of law the same, or by giving securitythe 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, is now or may be, prescribed in the future be provided by present or future lawlaw for the discharge of such lien as a lien against the Demised Premises. Any amount paid by Landlord for Landlord, or the value of any of the aforesaid purposesdeposit so made by Landlord, together with all costs, fees and all reasonable legal and other expenses of Landlord in connection therewith (including reasonable attorneys’ fees' fees of Landlord), incurred in procuring the discharge of such lien or liens, with all necessary disbursements in connection therewith, together with interest thereon at the Lease Maximum Rate of Interest Rate from the date of paymentset forth in Section 3.4 hereof, shall be repaid by Tenant to Landlord on demand by Landlord, Landlord and if unpaid may be treated as additional rentAdditional Rent. Nothing herein contained Tenant shall imply indemnify and defend Landlord against and save Landlord and the Demised Premises, and any consent portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits penalties, claims, demands and obligations, including, without limitation, reasonable attorneys' fees resulting from the assertion, filing, foreclosure or agreement on 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 part Demised 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 state or interest of Landlord in and to subject Landlord’s estate to liability under the Demised Premises, or any mechanic’s lien lawportion thereof.

Appears in 1 contract

Samples: Lease Agreement (Cheap Tickets Inc)

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