Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant. 10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record. 10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work ---------------- done by it or on behalf of Tenant or caused to be done by it or on behalf of Tenant on the Demised Premises of a character which will or Improvementsmay result in liens against Landlord's interest in the Premises, Building or Building Complex and Tenant will keep the Demised Premises Premises, Building and Building Complex free and clear of all mechanic’s 's liens and other liens due to on account of work done for or on behalf of Tenant or persons claiming under Tenant. Tenant shall indemnify hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damagedamages, costscosts or expenses, including attorneys’ fees and all other expenses on account of ' fees, incurred in connection with any claims of lien of laborers or materialmen or others any nature whatsoever for work performed for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any mechanic's liens be filed or recorded against the Premises, Building or Building Complex with respect to work done for or materials supplied to or on behalf of Tenant or persons claiming under Tenant.
10.2 During should any Action affecting the Term of this Leasetitle thereto be commenced, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other cause such liens or stop notices to attach or be filed against the Demised Premises released of re-cord within ten (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (3010) days after notice thereof. If Tenant desires to contest any such claim of the filing thereof or lien, Tenant shall nonetheless cause such other reasonable time, cause the same lien to be discharged released of record by payment, deposit, order the posting of adequate security with a court of competent jurisdiction if provided by applicable law or by bonding; provided, however, that statute of the state where the Premises are located. 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 right lien to contestbe released as aforesaid, with due diligence, the validity or amount of any Landlord may (but without being required to do so) pay such lien or stop notice once discharged of record.
10.3 Nothing claim and any costs associated there-with, and the amount so paid, together with interest at the Interest Rate and reasonable attorneys' fees incurred in this Lease connection therewith, shall be deemed or construed in any way immediately due and payable from Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rent.
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Samples: Office Building Lease (Colorado Business Bankshares Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's lien or other liens to be placed upon the Leased Premises or stop notices to attach the Building, the Leasehold Improvements thereon or be filed against the Demised Premises (including Complex during the Improvements thereon)term hereof caused by or resulting from any work performed, Tenant’s leasehold interest in this Lease, against Landlordmaterials furnished, or against any lender holding funds for any work obligation incurred by or improvement upon at the Demised Premises or Improvementsrequest of Tenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer laborer, or materialman, material man for the performance of any labor or the furnishing of any materials for any constructionspecific improvement, alteration, repairor repair to the Leased Premises, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantany part thereof, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to the filing of any mechanic's or other liens against the Leased Premises or the Building. The Memorandum of Lease If a lien is filed upon the Leased Premises or the Building, Tenant shall cause the same to be recorded discharged of record within thirty (30) days after filing of same. If Tenant shall fail to discharge such mechanic's lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may discharge the same, either by paying the parties amount claimed to be due, or by procuring the discharge of such lien by deposit in court or bonding. Any amount paid by Landlord for any of the aforesaid purposes, or for the satisfaction of any other lien not caused by Landlord, with interest thereon at the maximum lawful rate provided from the date of payment, shall contain the statutorily required disclosures be paid by Tenant to effectuate this conceptLandlord immediately on demand as Rent.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's liens or other liens or stop notices to attach or be filed against placed upon the Demised Premises (including Premises, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordBuilding, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises Property and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, person for the performance of any labor or the furnishing of any materials for to the Premises, the Building, or the Property or any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantpart thereof, nor as giving Tenant any right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to any mechanic's or other liens against the Premises, the Building, or the Property. The Memorandum In the event any such lien is attached to the Premises, the Building, or the Property, then, in addition to any other right or remedy of Lease Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Indemnities against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with the provisions of the foregoing sentence shall be recorded by deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefore without the parties shall contain the statutorily required disclosures to effectuate this conceptrequirement of any additional notice or cure period.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's liens or other liens or stop notices to attach or be filed against placed upon the Demised Premises (including Premises, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordBuilding, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises Property and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, person for the performance of any labor or the furnishing of any materials for to the Premises, the Building, or the Property or any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantpart thereof, nor as giving Tenant any right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to any mechanic's or other liens against the Premises, the Building, or the Property. The Memorandum In the event any such lien is attached to the Premises, the Building, or the Property, then, in addition to any other right or remedy of Lease Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys' fees, shall be paid by Tenant to Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Indemnities against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. Tenant's failure to comply with the provisions of the foregoing sentence shall be recorded by deemed an Event of Default under Section 22 hereof entitling Landlord to exercise all of its remedies therefor without the parties shall contain the statutorily required disclosures to effectuate this conceptrequirement of any additional notice or cure period.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, The Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's or artisan's or other liens or stop notices to attach or be filed or placed or exist against the Demised Premises (including fee of the Improvements thereon), demised premises nor against the Tenant’s 's leasehold interest in this Leasesaid premises by reason of work, against Landlordlabor, services or against materials supplied or claimed to have been supplied to the Tenant or anyone holding the demised premises or any lender holding funds for any work part thereof through or improvement upon under the Demised Premises or ImprovementsTenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of the Landlord, express expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, materialman for the performance of any labor or the furnishing of any materials for specific improvement, alteration or repair of or to the demised premises or any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantpart thereof, nor as giving the Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to the filing of any mechanic's or other liens against the fee of the demised premises. The Memorandum of Lease If any such mechanic's lien shall at any time be filed against the demised premises, the Tenant shall cause the same to be recorded discharged of record within sixty (60) days after the date of filing the same or, in the alternative, the Tenant may bond the lien and deliver a copy of the said bond to the Landlord within the said 60 day period. If the Tenant shall fail to discharge such mechanic's lien or deliver said bond within such period, then, in addition to any right or remedy of the Landlord, the 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 court or bonding, and in such event the Landlord shall be entitled, if the Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the parties lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid by the Landlord for any of the aforesaid purposes, or for the satisfaction of any other lien, not caused or claimed to be caused by the Landlord, and all reasonable legal and other expenses of the Landlord, including reasonable legal and other expenses of the Landlord, including reasonable counsel fees, in defending any such action or in about procuring the discharge of such lien, with all necessary disbursements in connection therewith, with interest thereon at the rate of six percent (6%) per annum from the date of payment shall contain be repaid by the statutorily required disclosures Tenant to effectuate the Landlord on demand and if unpaid may be treated as additional rent under the terms of this conceptLease, and the same may, at the option of the Landlord, be added to any fixed rent then due or thereafter falling due hereunder.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under TenantSection 12.01. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’smechanics' liens to be filed against the Property or Demised Premises by reason of work, materialmen’slabor, attachmentservices, execution or other liens materials supplied or stop notices claimed to attach have been supplied to Tenant or anyone holding any interest in the Property or Demised Premises or any part thereof through or under Tenant. If any such mechanics' lien shall at any time be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedPremises, Tenant shall, within thirty forty five (3045) days after notice to it of the filing thereof or such other reasonable timefiling, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then Landlord may discharge the same either by paying the amount claimed to be due or by bonding; providedprocuring the discharge of such lien by deposit or by bonding proceedings, howeverand in any such event Landlord shall be entitled, that Tenant shall have if Landlord so elects, to compel the right prosecution of an action for the foreclosure of such lien by the lienor and to contest, with due diligence, pay the validity or amount of any such lien or stop notice once discharged the judgment in favor of record.
10.3 the lienor with interest, costs, and allowance. Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, implied by inference or otherwise, to any contractor, subcontractor, laborer laborer, or materialman, materialman for the performance of any labor or the furnishing of any materials for any constructionspecific improvement, alterationalteration to, repair, replacement or improvement repair of the Demised Premises and Improvements to be made on the Demised Premises by Tenantor any part thereof, nor as giving Tenant any a right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materials. The Memorandum materials that would give rise to the filing of Lease to be recorded by any mechanics' lien against Landlord's interest in the parties shall contain the statutorily required disclosures to effectuate this conceptDemised Premises.
Appears in 1 contract
Samples: Lease Agreement (Vasomedical Inc)
Mechanic’s Liens. 10.1 Section 25.01. If Tenant shall pay causes any Structural Alteration, Alterations, changes, additions, improvements or cause repairs to be paid all costs made to the Demised Premises, or material furnished or labor performed therein or thereon, neither Landlord nor the Demised Premises shall, under any circumstances, be liable for the payment of any expenses incurred or for the value of any such work done by it or caused material furnished to be done by it on the Demised Premises or Improvementsany part thereof; but all such alterations, changes, additions, improvements and repairs and materials and labor shall be at Tenant's expense, and Tenant will keep shall be solely and wholly responsible to contractors, laborers and materialmen furnishing labor and material to the Demised Premises, or any part thereof, for or on behalf of Tenant.
Section 25.02. Tenant shall not suffer or permit any mechanics' liens to be filed against the Demised Premises free and clear nor against Tenant's leasehold interest in the Demised Premises, by reason of all mechanic’s liens and other liens due work, labor, services or material supplied to work done for Tenant or persons claiming under to any occupant of the Demised Premises. If any such mechanic's lien shall at any time be filed against the Demised Premises, Tenant shall, at its own cost and expense, cause the same to be cancelled and discharged of record by surety bond or appropriate cash deposit or other appropriate means within thirty (30) days after the date of filing the same and notice thereof to Tenant. , and Tenant shall indemnify and save Landlord harmless from and against any and all liability, loss, damage, costs, attorneys’ fees expenses, claims, losses or damages resulting therefrom or by reason thereof.
Section 25.03. Tenant, at Tenant's expense, shall also defend on behalf of Landlord, any action, suit or proceedings which may be brought thereon or for the enforcement of such liens or orders, and Tenant shall pay any damages and satisfy and discharge any judgment entered thereon and save Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom or by reason thereof.
Section 25.04. If Tenant shall fail to discharge such mechanic's lien 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 court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of any action for the foreclosure of such mechanic`s lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
Section 25.05. Any amount paid by Landlord for any of the aforesaid charges 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, including reasonable counsel fees, in defending any such action or against any lender holding funds for any work or improvement upon in procuring the Demised Premises or Improvementsdischarge of said lien, except that Tenant with all necessary disbursements in connection therewith with interest thereon computed in the manner set forth in Section 3.04, shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, repaid within thirty a period of twenty (3020) days after notice of the filing thereof or such other reasonable time, cause the same written demand therefor by Landlord to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor and may be treated as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, Additional Rent payable with the rendering next installment of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptBase Annual Rent.
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Mechanic’s Liens. 10.1 The Tenant will not permit, during the term hereby granted, any mechanic’s or other lien or order for payment of work, labor, services, or materials furnished or to be furnished by the Tenant or any of its contractors, subcontractors or suppliers to attach to or affect the premises or any portion thereof, and agrees that it will not cause or permit any such lien or order to attach to or affect the fee, leasehold or other estate of the Landlord herein, or the building. The Tenant’s obligation to keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land or buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic’s or other lien or order shall be filed against the premises or the land or building of which the premises are a part, the Tenant shall, within sixty (60) days after the Tenant has notice thereof, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. If the Tenant shall pay fail to take such action, or shall not cause such lien or order to be paid all costs for work done discharged within sixty (60) days after the filing thereof, the Landlord may discharge the same by it deposit or caused by bond or in any other manner according to be done by it on the Demised Premises or Improvementslaw, and Tenant will keep pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with the Demised Premises free and clear of expenses incurred by the Landlord, including all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, reasonable 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit disbursements incurred in any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount defense of any such lien action, bonding or stop notice once discharged of record.
10.3 Nothing in this Lease other proceeding, shall be deemed or construed additional rent. Any reasonable expenses incurred by Landlord in any way as constituting connection with the consent or request examination of Landlord, express or implied, by inference or otherwise, title to any contractor, subcontractor, laborer or materialman, for the performance premises in order to ascertain the existence of any labor lien or encumbrance and the furnishing discharge of any materials for any constructionrecord thereof, alterationshall be payable by Tenant to Landlord on demand, repairtogether with interest as aforesaid, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptadditional rent.
Appears in 1 contract
Samples: Sublease Agreement (Criteo S.A.)
Mechanic’s Liens. 10.1 Tenant shall will pay or cause to be paid all costs and charges for work (a) done by it Tenant or caused to be done by it on Tenant, in or to the Demised Premises or ImprovementsPremises, and (b) for all materials furnished for or in connection with such work. Tenant will keep indemnify Landlord against and hold Landlord, the Demised Premises free and the Project free, clear and harmless of and from all mechanic’s 's liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liabilityclaims of liens, loss, damage, costs, attorneys’ fees and all other expenses liabilities, liens, claims and demands on account of claims such work by or on behalf of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such lienslien, stop notices at any time, is filed against the Premises, or similar proceedings are filed or commencedany part of the Project, Tenant shall, within thirty (30) days after notice of the filing thereof or will cause such other reasonable time, cause the same lien to be discharged of record within ten (10) days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such ten (10) day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once. If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as Additional Rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord subject Landlord's interest in the Project to liability under any mechanics' or other lien law. If Tenant received notice that a lien has been or is about to be filed against the Premises or the Project or any action affecting title to the Project has been commenced on account of work done by paymentor for or materials furnished to or for Tenant, depositit will immediately give Landlord written notice of such notice. At least fifteen (15) days prior to the commencement of any work (including but not limited to, order any material maintenance, repairs, alterations, additions, improvements or installations) in or to the premises, by or for Tenant, Tenant will give Landlord written notice of court or by bonding; provided, however, that Tenant shall the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Landlord will have the right to contest, with due diligence, post notices of non-responsibility or similar notices on the validity or amount of Premises in order to protect the Premises against any such lien or stop notice once discharged of recordliens.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Office Lease (Ryland Group Inc)
Mechanic’s Liens. 10.1 Tenant shall pay have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord or Tenant in the Premises or to charge the rentals payable under this Lease for any Claims in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay, bond over (in a manner and with a company reasonably acceptable to Landlord) or cause to be paid all costs for work done by it or caused to be done sums legally due and payable by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work any labor performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for connection with any work performed on the Premises on which any lien is or improvement upon the Demised Premises or Improvements, except that Tenant shall can be permitted to mortgage validly and legally asserted against its leasehold interest in the Demised Premises and its interest in the ImprovementsTenant shall indemnify, is provided for in Article 20 hereof. If defend and hold harmless Landlord from any and all Claims arising out of any such liens, stop notices or similar proceedings are filed or commenced, asserted Claims. Tenant shall, within thirty (30) days after agrees to give Landlord immediate written notice of the filing thereof or any such other reasonable time, cause the same Claim. Tenant shall notify Landlord in writing at least ten (10) Business Days in advance of any work to be discharged done on, in, or about the Premises. In the event of record by paymentsuch scheduled work, depositwhether Landlord received notice from Tenant or not, order of court or by bonding; provided, however, that Tenant Landlord shall have the right right, at any time and from time to contesttime, with due diligence, to enter the validity or amount Premises to post notices of any non-responsibility in such lien or stop notice once discharged of record.
10.3 Nothing locations as Landlord deems appropriate. Notwithstanding anything in this Lease to the contrary, Landlord shall not be deemed or construed required to notify Tenant in any way as constituting advance of entering the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, Premises for the performance purpose of any labor or posting the furnishing notices of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptnon-responsibility.
Appears in 1 contract
Samples: Lease (MRV Communications Inc)
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall pay or cause to be paid all costs for work done deemed authorized and ordered by it or caused to be done by it on the Demised Premises or ImprovementsTenant only, and Tenant will keep the Demised Premises free and clear of all shall not permit any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvementsthe Project in connection therewith. Upon completion of any such work, except that Tenant shall be permitted deliver to mortgage its leasehold interest in the Demised Premises Landlord final lien waivers from all contractors, subcontractors and its interest in the Improvements, is provided for in Article 20 hereofmaterialmen who performed such work. If any such liensa lien is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within ten (10) days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the lien to be released of record, or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any reasonable amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within thirty (30) days after notice of the filing thereof or such other Landlord has invoiced Tenant therefor, together with reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, supporting evidence. Landlord and Tenant acknowledge and agree that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease their relationship is and shall be deemed solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or construed in other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any way as constituting the consent other persons now or request hereafter contracting with Tenant, any contractor or subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to with any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall defend, indemnify and Improvements hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to be made on the Demised Premises failure by Tenantany Tenant Party to pay for any work performed, nor as giving materials furnished, or obligations incurred by or at the request of a Tenant any right, power Party. This indemnity provision shall survive termination or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering expiration of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause will not knowingly permit to be paid all costs for created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished, or claimed to have been done or furnished, by it any contractor, mechanic, laborer or caused materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which becomes a lien or encumbrance or charge upon the Building or any part thereof or the income therefrom. 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 Tenant or Tenant’s contractor to be done by it work on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)Building or any part thereof, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after receipt of notice of the filing thereof or such other reasonable timethereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or by bonding; provided, however, that otherwise. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop notice once of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of record.
10.3 Nothing such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all reasonable, direct, out-of-pocket costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be deemed paid by Tenant to Landlord within thirty (30) days after demand. Nothing herein contained shall obligate Tenant to pay or construed in discharge any way as constituting the consent or request of lien created by Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Deed of Lease (Cvent Inc)
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall pay or cause to be paid all costs for work done deemed authorized and ordered by it or caused to be done by it on the Demised Premises or ImprovementsTenant only, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution ’s or other construction liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvementsthe Project in connection therewith. Upon completion of any such work, except that Tenant shall be permitted deliver to mortgage its leasehold interest in the Demised Premises Landlord final lien waivers from all contractors, subcontractors and its interest in the Improvements, is provided for in Article 20 hereofmaterialmen who performed such work. If any such liensa lien is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within thirty ten (3010) business days after Landlord has delivered notice of the filing thereof to Tenant (or such other reasonable timeearlier time period as may be necessary to prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record by payment, deposit, order of court record; or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any (2) diligently contest such lien and deliver to Landlord a bond or stop notice once discharged of record.
10.3 Nothing in this Lease other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest at the Default Rate, shall be deemed paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner contractor,” “owner-agent” or construed in other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any way as constituting the consent other persons now or request hereafter contracting with Tenant, any contractor or subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall indemnify, defend and Improvements to be made on hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the Demised Premises by Tenantforegoing, nor as giving Tenant any rightand their respective officers, power or authority to contract for or permitdirectors, on Landlord’s behalf or as to Landlord’s interestshareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the rendering “Indemnitees”) from and against any and all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees and disbursements and court costs) in any services way arising from or relating to the furnishing failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of any materialsa Tenant Party. The Memorandum foregoing indemnity shall survive the expiration or earlier termination of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Office Lease Agreement (Interpace Biosciences, Inc.)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it Tenant on the Demised Premises (including work performed by Landlord or Improvements, and its contractor at Tenant’s request following commencement of the Lease Term) of a character which could result in liens on Landlord’s interest. Tenant will keep the Demised Premises free and clear of all mechanic’s liens mechanics’ and other liens due to on account of work done for Tenant or persons claiming under Tenantit, excluding tenant finish work performed by Landlord pursuant to this Lease, if any. Tenant shall agrees to indemnify and save defend Landlord harmless from with respect to all liability, loss, damage, costscost or expense, including attorneys’ fees and all other expenses fees, on account of any claims of lien any nature whatsoever, including claims or liens of laborers or materialmen or others others, for work performed for or materials or supplies furnished for to Tenant or persons claiming under Tenant.
10.2 During . Should any liens be filed or recorded against the Term Premises and/or the Building or any action affecting the title thereto be commenced as a result of this Leasesuch work, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other cause such liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, removed of record within thirty (30) 5 days after notice from Landlord. If Tenant desires to contest any claim or lien, Tenant shall furnish to Landlord adequate security of at least 150% of the filing thereof or such other reasonable timeamount of the claim, cause plus estimated costs and interest, or, at Landlord’s option, file a bond and obtain a release of the same lien pursuant to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, Law. If a final judgment establishing the validity or amount existence of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease is entered, Tenant shall pay and satisfy it at once. If Tenant shall be deemed in default in paying any charge for which a mechanic’s lien or construed suit to foreclose the lien has been recorded or filed, and shall not have given Landlord security as provided above, Landlord may (but without being required) pay such lien or claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in any way as constituting the consent or request of Landlordconnection therewith, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to shall be made on the Demised Premises by Tenant, nor as giving immediately due from Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Mechanic’s Liens. 10.1 7.01 No Liens Permitted. Tenant shall pay or cause will not permit to be paid all costs for created, or to remain undischarged, any lien, encumbrance or charge (arising out of any work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 by a contractor, subcontractor, mechanic, laborer or materialmen or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Shopping Center or any portion thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Shopping Center or any portion thereof might be impaired. If any lien or notice of lien on account of an alleged debt of Tenant or persons claiming under Tenant.
10.2 During 's contractor to work on the Term of this Lease, Tenant Premises shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, Shopping Center or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedportion thereof, Tenant shall, within thirty ten (3010) days after notice of the filing thereof or such other reasonable timedemand from Landlord, cause the same to be discharged of for record by payment, deposit, bond, order of court of competent jurisdiction or by bonding; provided, however, that otherwise. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop notice once of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy Landlord may, but shall not be obligated to, discharge such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of record.
10.3 Nothing an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount paid by Landlord and all costs and expenses, including attorney's fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, paid 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 construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of 's demand. Nothing herein contained shall obligate Tenant to pay or discharge any services or the furnishing of any materials. The Memorandum of Lease to be recorded lien created by the parties shall contain the statutorily required disclosures to effectuate this conceptLandlord.
Appears in 1 contract
Samples: Lease Agreement (Talk America)
Mechanic’s Liens. 10.1 No alterations, improvements, installations, additions or other work performed by Tenant, or under Tenant’s direction or control, shall be deemed to be for the immediate use and benefit of Landlord, so that no mechanics or other lien shall be allowed against the estate of the Landlord by reason of any consent given by Landlord to Tenant to alter, improve, install, add to, or otherwise perform work to or at the Demised Premises. The Tenant shall pay or cause to place such contractual provisions as the Landlord may request in all contracts and subcontracts contracted by the Tenant, assuring Landlord that no mechanics lien shall be paid all costs for work done by it or caused to be done by it on asserted against the Landlord’s interest in the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under TenantPremises. Tenant shall indemnify and save Landlord harmless from promptly pay all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for persons furnishing labor and/or materials with respect to any work performed or materials or supplies furnished for by Tenant or persons claiming under by Tenant.
10.2 During ’s contractors on or in the Term of this Lease, Tenant shall not suffer or permit Demised Premises. If any mechanic’s, materialmen’s, attachment, execution mechanics or other liens or stop notices to attach or shall at any time be filed against the Demised Premises (including by reason of work, labor, services or materials performed or furnished, alleged to have been performed or furnished to the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender anyone holding funds for any work or improvement upon the Demised Premises through or Improvementsunder the Tenant, except that and regardless of whether any such claim is asserted against the interest of Landlord or Tenant, Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty ten (3010) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record or bonded to the satisfaction of Landlord. If Tenant fails to cause such lien forthwith to be discharged or bonded after being notified of a filing thereof, then in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paymentpaying the amount claimed to be due, depositand the amount so paid by Landlord, order of court or including reasonable attorneys fees, incurred by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any Landlord either in defending against such lien or stop notice once discharged in procuring the bonding or discharge of record.
10.3 Nothing in this Lease such lien shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptadditional rent.
Appears in 1 contract
Samples: Lease Agreement (Unilife Corp)
Mechanic’s Liens. 10.1 Tenant shall pay or cause Section 8.1 The TENANT covenants not to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other 's liens or stop notices to attach or be filed against the Demised Premises (including fee interest of the Improvements thereon), Tenant’s leasehold interest in this Lease, LANDLORD nor against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold TENANT'S Leasehold interest in the Demised Premises and its interest by reason of work, labor, services or materials supplied or claimed to have been supplied to the TENANT or any contractor, subcontractor or any other party or person acting at the request of the TENANT, or anyone holding the Demised Premises or any part thereof through or under the TENANT. TENANT agrees that in the Improvements, is provided for in Article 20 hereof. If event any such liens, stop notices mechanic's lien shall be filed against the fee interest of the LANDLORD or similar proceedings are filed or commenced, Tenant against the TENANT'S Leasehold interest the TENANT shall, within thirty (30) days after receiving notice of the filing thereof or such other reasonable timethereof, cause the same to be discharged of record by paymentpayment , deposit, bond or order of a court of competent jurisdiction or otherwise. If TENANT shall fail to cause such lien to be discharged or bonded with the period aforesaid, then, in addition to any other right or remedy, LANDLORD may, but shall not be obligated to, discharge the same by bonding; providedpaying the amount claimed to be due, howeverby procuring the discharge of such lien by deposit by bonding proceedings, that Tenant and in any such event, LANDLORD shall have be entitled, if LANDLORD so elects, to compel the right prosecution of any action for the foreclosure of such lien by the lienor and to contest, with due diligence, pay the validity or amount of any such lien or stop notice once discharged the judgment in favor of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordlienor with interest, express or implied, costs and allowances. Any amount so paid by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor LANDLORD and all reasonable costs and expenses incurred by LANDLORD or the furnishing fee owner in connection therewith, including, but not limited to premiums on any bonds filed and attorneys' fees, shall constitute Additional Rental payable by TENANT to LANDLORD within ten days of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptdemand therefor.
Appears in 1 contract
Samples: Lease Agreement (Intelli Check Inc)
Mechanic’s Liens. 10.1 No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, alteration, or repair, shall be deemed to be done at the direction of or for the immediate use and benefit of Landlord. 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 Leased Premises. Tenant shall pay promptly all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it Tenant or caused to be done by it its contractor on or about the Demised Premises or Improvements, and Tenant will keep Leased Premises. In the Demised Premises free and clear of all event any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or lien shall at any time be filed against the Demised Leased Premises (including the Improvements thereon)by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials performed or furnished, or against any lender alleged to have been performed or furnished to Tenant or to anyone holding funds for any work the Leased Premises through or improvement upon the Demised Premises under Tenant, or Improvements, except that if Landlord or Tenant shall be permitted receive a written notice of any intent to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedfile a lien, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, shall cause the same to be discharged of record by payment, deposit, order or bonded to the satisfaction of court or by bonding; provided, however, that Landlord. If Tenant shall have fail to cause such lien to be so discharged or bonded after being notified of the filing thereto or the intent to file such lien, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to contestbe due, with due diligenceand the amount so paid by Landlord including reasonable attorneys’ fees incurred by Landlord, the validity or amount of any either in defending against such lien or stop notice once discharged in procuring the bonding or discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Default Rate, shall be deemed or construed in any way due and payable by Tenant to Landlord upon demand as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rent.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause Subcontractor covenants and specifically agrees for itself and, to be paid all costs the extent permitted by the laws of the province in which a Project is located, for work done by it or caused to be done by it on the Demised Premises or Improvementsits subcontractors, labourers and Tenant will keep the Demised Premises free mechanics, material and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees equipment suppliers and all other expenses persons acting through or under Subcontractor, that no mechanics’ or materialmen’s lien or claim shall be filed, asserted, claimed or maintained by it, them or any of them against any property other than the building, improvements or parcel/lot constituting or relating to a Project, for or on account of claims any work done or material, equipment or services furnished by it, them or any of them, under a Work Order or otherwise. Subcontractor shall cause this covenant to be inserted in and made a part of each and every subcontract that it executes with respect to the Work. Subcontractor further covenants and specifically agrees that in the event any mechanics’ or materialmen’s lien or claim shall be filed, asserted, claimed or maintained by any sub-subcontractor or materialman of laborers Contract or, whether meritorious or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During not, during the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (period extending through and including the Improvements thereon)period of Subcontractor’s performance of the Work up until the date one (1) year after final performance by Subcontractor of the relevant Work, Tenant’s leasehold interest in this LeaseSubcontractor shall, against Landlordat no cost to Contractor, by posting bond or cash security, or against any lender holding funds for any work otherwise, cause such lien or improvement upon the Demised Premises or Improvements, except that Tenant shall claim to be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, removed within thirty ten (3010) days after of the earlier of: i) the filing of the lien or claim or ii) Subcontractor’s receipt of notice of the filing thereof lien or such other reasonable timeclaim. Subcontractor agrees that any failure by it to bond off or remove any lien in accordance with this article shall operate as a complete, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount total and absolute waiver and relinquishment of any such lien right which Subcontractor has to receive any further payments from Contractor under, in connection with, or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting relating to the consent or request Work, a Work Order and this Agreement. The breach by Subcontractor of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement either of the Demised Premises foregoing covenants or specific agreements shall constitute a material breach of this Agreement entitling Contractor to exercise any or all of the rights and Improvements remedies available to be made on the Demised Premises Contractor under this Agreement or any Work Order, as well as any other rights and/or remedies granted to Contractor by Tenant, nor as giving Tenant any right, power law or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptin equity.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, to or for the performance (on behalf of or for the benefit of Landlord) by inference or otherwise, to any contractor, subcontractorlaborer, laborer materialman or materialmanvendor, for the performance of any labor or services or for the furnishing of any materials for any construction, alteration, repairaddition, replacement repair or improvement demolition of or to the Leased Premises or any part thereof. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Leased Premises or any part thereof through or under the Tenant, and that no mechanic’s or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Leased Premises. Tenant will not file, nor will it permit or suffer any contractor or subcontractor, materialman or mechanic or other person under it to file, nor shall any contractor, subcontractor, materialman or mechanic file any mechanics’ lien or other liens or claims for work done or materials furnished in or about the Leased Premises against the Leased Premises, the Building or the Leased Premises. Unless Landlord otherwise agrees, in writing, prior to the commencement of any work on the Leased Premises, Tenant shall file in the office of the Demised Prothonotary of the county where the Leased Premises and Improvements is located a waiver of the right to file liens which shall be in the usual form for such waivers, such form to be made on approved by the Demised Landlord. Landlord’s consent to any such work shall not be deemed to mean that the work is for the benefit of Landlord. Notwithstanding the foregoing, if any mechanics’ or other lien shall be filed against the Leased Premises by purporting to be for labor or material furnished or to be furnished at the request of Tenant, nor as giving then Tenant any rightshall, power at its expense, cause such lien to be discharged of record by payment, bonded over or authority other adequate security provided, within thirty (30) days after the filing thereof. If Tenant shall fail to contract cause such lien to be discharged of record within such thirty-day period, or, if such lien is contested by Tenant and Tenant fails to provide adequate security for or permit, on Landlord’s behalf protection; then Landlord may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to Landlord’s interestany offsets or defenses thereto, the rendering and Tenant shall, upon demand, reimburse Landlord for all reasonable amounts paid and costs incurred including attorneys’ fees, in having such lien discharged of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptrecord.
Appears in 1 contract
Samples: Lease Agreement (Tollgrade Communications Inc \Pa\)
Mechanic’s Liens. 10.1 Except with respect to the Landlord Work, Tenant shall promptly pay any contractors and materialmen who supply labor, work or cause materials to be paid all costs for work done by it or caused to be done by it on Tenant at the Demised Premises or Improvements, and Tenant will keep the Demised Property so as to minimize the possibility of a lien attaching to the Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantthe Property. Tenant shall indemnify and save Landlord harmless from take all liabilitysteps permitted by law in order to avoid the imposition of any mechanic's, loss, damage, costs, attorneys’ fees and all other expenses on account of claims laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien of laborers or materialmen or others be filed for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Leaseother than by Landlord, Tenant shall not suffer cause such lien or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same lien to be discharged of record by payment, deposit, order bond or otherwise within thirty (30) days after the filing thereof or after Tenant's receipt of court or by bonding; providedwritten notice thereof, howeverwhichever is later, that Tenant shall have the right to contest, with due diligence, regardless of the validity or amount of any such lien or stop notice once claim. If Tenant shall fail to cause such lien or claim to be discharged and removed from record within such thirty (30) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of record.
10.3 an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of twelve percent (12%) per annum from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, Landlord for the performance of any labor work or services or the furnishing of any materials for which any construction, alteration, repair, replacement lien could be filed against the Premises or improvement the Building or the Property or any part of the Demised Premises and Improvements to be made on the Demised Premises by Tenantany thereof, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering performance of any work or services or the furnishing of any materialsmaterials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. The Memorandum Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of Lease any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to be recorded or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by the parties shall contain the statutorily required disclosures any person entitled to effectuate this conceptany mechanic's lien.
Appears in 1 contract
Samples: Office Space Lease (Cdnow N2k Inc)
Mechanic’s Liens. 10.1 a. Tenant covenants that it shall pay not (and has no authority to) create or cause to be paid all costs for work done by it allow any encumbrance against the Premises, the Property, or caused to be done by it on the Demised Premises any part of any thereof or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 TenantLandlord's interest therein.
10.2 During the Term of this Lease, b. Tenant covenants that it shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlordcreated, or against to remain, any lender holding funds lien or claim thereof (arising out of any work done or services, material, equipment or supplies furnished for or at the request of Tenant or by or for any work contractor or improvement subcontractor of Tenant, other than such furnished by Landlord) which is or may become a lien upon the Demised Premises Premises, the Property, or Improvementsany part of any thereof or the income therefrom or any fixture, except that equipment or similar property therein.
c. If any lien or claim shall be filed, Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after Tenant receives notice of the filing thereof or such other reasonable timethereof, cause the same to be discharged of record by payment, deposit, order of court bond or by bonding; provided, however, that otherwise. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop claim to be discharged and removed from record within that period and such failure continues for ten (10) additional days after notice once discharged of recorddefault from Landlord to Tenant, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled, if Landlord so decides, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses, including attorneys' fees, incurred by Landlord in connection therewith, together with interest at the Default Rate from the respective dates of Landlord's making of the payment or incurring of the cost or expense, shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord promptly on demand.
10.3 Nothing d. Notwithstanding anything to the contrary in this Lease or in any other writing signed by Landlord, neither this Lease nor any other writing signed by Landlord shall be construed as evidencing, indicating, or causing an appearance that any erection, construction, alteration or repair to be done, or caused to be done, by Tenant is or was in fact for the immediate use and benefit of Landlord. Further, notwithstanding anything contained herein to the contrary, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request on the part of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, Landlord for the performance of any labor work or services or the furnishing of any materials for which any construction, alteration, repair, replacement lien could be filed against the Premises or improvement the Property or any part of the Demised Premises and Improvements to be made on the Demised Premises by Tenantany thereof, nor as giving Tenant any right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering performance of any work or services or the furnishing of any materials. The Memorandum materials for which any lien could be filed against the Premises, the Property or any part of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptany thereof.
Appears in 1 contract
Samples: Lease (Animas Corp)
Mechanic’s Liens. 10.1 Tenant Lessee shall pay promptly any contractors and materialmen who supply labor, work or materials to Xxxxxx at the leased premises and shall take all steps permitted by law in order to avoid the imposition of any mechanic's lien upon all or any portion of the premises. Should any such lien or notice of lien be filed for work performed for Lessee other than by City, Lessee shall bond against or discharge the same within 5 days after Xxxxxx has notice that the lien or claim is filed regardless of the validity of such lien or claim. Nothing in this Lease is intended to authorize Lessee to do or cause to be paid all costs for any work done by it or caused to be done by it on or materials to be supplied for the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims City, all of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by paymentsolely for Xxxxxx’s account and at Xxxxxx's risk and expense. Throughout this Lease the term "mechanic's lien" is used to include any lien, depositencumbrance or charge levied or imposed upon all or any portion of, order of court interest in or by bonding; provided, however, that Tenant shall have income from the right to contest, with due diligence, the validity or amount leased premises on account of any such mechanic's, laborer's, materialman's or construction lien or stop notice once discharged arising out of record.
10.3 Nothing in this Lease shall be deemed any debt or construed in liability to or any way as constituting the consent or request claim of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractormechanic, supplier, materialman or laborer and shall include any mechanic's notice of intention to file a lien given to City or materialmanLessee, any stop order given to City or Lessee, any notice of refusal to pay naming City or Lessee and any injunctive or equitable action brought by any person claiming to be entitled to any mechanic's lien. ENVIRONMENTAL HAZARDS AND CONTAMINATION City represents and warrants that there are no existing environmental hazards, waste, sewage or chemical leaks, spills, pollution or contamination or other similar conditions at the leased premises. Lessee hereby warrants that it is solely responsible for environmental hazards, waste, sewage, fuel or chemical leaks, spills, pollution or contamination or other similar conditions arising from Lessee’s use and occupancy of the performance premises or its operations, events, maintenance, use of chemical and fueling tanks, and vehicle fueling operations. Lessee shall comply, at its sole expense, with all laws and requirements as set forth above, all manufacturers' instructions and all requirements of insurers relating to the treatment production, storage, handling, transfer, processing, transporting, use, disposal and release of hazardous substances, hazardous mixtures, chemicals, pollutants, petroleum products, toxic or radioactive matter. Xxxxxx expressly agrees to indemnify and hold harmless the City and the Authority for any such occurrence or damage resulting in cleanup cost; repair and restoration cost; municipal, federal or judicially imposed fine, penalty or judgment; claim, suit, civil action, or legal liability of any labor nature whatsoever for environmental hazard, personal injury, waste, sewage or chemical leaks, spills, pollution, contamination or other similar conditions, whether or not caused by Lessee’s negligence. Lessee warrants that it will not create or maintain pollution or contamination or other similar conditions upon the furnishing of any materials for any construction, alteration, repair, replacement or improvement of leased premises and agrees to indemnify and hold harmless the Demised Premises City and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract Authority if they are held accountable for or permitotherwise incurs the cost to remedy any such condition caused by the action of Lessee, on Landlordits owners, officers, employees, agents or contractors. This legal obligation of Lessee includes, but is not limited to, notification and violation under Federal Environmental Protection Agency Law and Regulations, and under Pennsylvania Department of Environmental Resources Law and Regulations, and under any other Federal, State or local law, regulation or ordinance. The foregoing constitutes material terms and conditions of this lease. In the event of City’s behalf or as to Landlorddetermination of Xxxxxx’s interestbreach of these terms and conditions, the rendering of any services or City and the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate Authority may invoke remedies allowable at law and throughout this conceptlease, including declaring default.
Appears in 1 contract
Samples: Sublease Agreement
Mechanic’s Liens. 10.1 Tenant shall (a) pay or cause to be paid before delinquency all costs for and expenses of work done by it or caused to be done by it on Tenant in the Demised Premises; (b) keep the title to the Building, Land and every part thereof free and clear of any lien or encumbrance in respect of such work; and (c) indemnify and hold harmless Landlord against any claim, loss, cost, demand (including reasonable legal fees), whether in respect of liens or otherwise, arising out of the supply of material, services or labor for such work. Tenant shall immediately notify Landlord of any lien, claim of lien or other action of which Tenant has knowledge and which affects the title to the Building, Land or any part thereof. Tenant shall not permit any lien or claim for lien of any mechanic, labor or supplier or any other lien to be filed against the Building, or the Demised Premises or Improvementsany part thereof, and Tenant will keep the Demised Premises free and clear arising out of all mechanic’s liens and any Alterations or other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 alleged to be performed, by or supplies furnished for Tenant or persons claiming under at the direction of Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices lien or similar proceedings are filed or commencedclaim for lien is filed, Tenant shall, within thirty fifteen (3015) business days after of receiving notice of such lien or claim, (i) have such lien or claim for lien released of record, or (ii) deliver to Landlord a bond, title insurance or other security in form, content, and amount reasonably satisfactory to Landlord relative to such lien or claim for lien (whereupon, in the filing thereof or such other reasonable timecase of this subclause (ii), cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have thereafter diligently contest such lien or claim for lien). Without limitation of the right to contestforegoing, with due diligenceTenant shall indemnify, the validity or amount of defend and hold harmless, Landlord from and against any such lien or stop notice once discharged claim for lien, and the foreclosure or attempted foreclosure thereof, and Tenant shall cause any such lien to be released of record.
10.3 Nothing in this Lease shall be deemed or construed , in any way as constituting event, prior to final enforcement thereof. If Tenant fails to take the consent actions described in subclause (i) or request of subclause (ii) above, then Landlord, express without investigating the validity of such lien or impliedclaim for lien and without limiting other rights or remedies available to it hereunder, by inference may pay or otherwisedischarge the same, to any contractorand Tenant shall, subcontractoras payment of Additional Rent hereunder, laborer or materialman, reimburse Landlord upon demand for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises amount so paid by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Mechanic’s Liens. 10.1 The Tenant will not permit to be created nor to remain undischarged any lien, encumbrance or charge (arising out of any work of any contractor, mechanic, laborer or materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise) which might be or become a lien or encumbrance or charge upon the Demised Premises or any part thereof or the income therefrom, and the Tenant will not suffer any other matter or thing whereby the estate, right and interest of the Landlord in the Demised Premises or any part thereof might be impaired. Tenant shall pay deliver to all persons or cause entities furnishing labor or materials to be paid all costs for Tenant a notice of non-responsibility of Landlord satisfactory to Landlord. Landlord may file a notice of non-responsibility with respect to mechanics liens, which may result from Tenant’s work. If any lien or notice of lien on account of an alleged debt of the Tenant or any notice of contract by a party engaged by the Tenant or Tenant's contractor to work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including or any part thereof, the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty ten (3010) days after notice of the filing thereof or such other reasonable timethereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or by bonding; provided, however, that otherwise. If the Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop notice once of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, the Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of record.
10.3 Nothing such lien by deposit or by bonding proceedings, and in any such event the Landlord shall be entitled, if the Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by the Landlord and all costs and expenses including attorneys’ fees, incurred by the Landlord in connection therewith, together with interest thereon at the maximum legal rate from the respective dates of the Landlord's making of the payment of incurring of the cost and expense shall constitute Additional Rent payable by the Tenant under this Lease and shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded paid by the parties Tenant to the Landlord on demand. Nothing herein contained shall contain obligate the statutorily required disclosures Tenant to effectuate this conceptpay or discharge any lien created by the Landlord.
Appears in 1 contract
Samples: Shopping Center Lease Agreement
Mechanic’s Liens. 10.1 Tenant shall agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises of a character that may result in liens on Landlord’s or ImprovementsTenant’s estate therein, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and or other liens due to on account of work done or alleged to have been done by or for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless it, expressly excluding any such liens resulting from all liabilitythe construction of the Building, 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against or the Tenant Improvements or any other work done by Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises . Landlord and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant representatives shall have the right to contestpost and keep posted on the Premises such notices as Landlord may deem necessary for the protection of its interest in the Premises during the period that any work is being performed that might result in a lien being filed against the Premises. At least twenty (20) days prior to Tenant’s placing any materials upon the Premises or causing any labor or work of construction of any Alterations, with due diligenceadditions or improvements or repairs having a cost in excess of Twenty-Five Thousand Dollars ($25,000.00) to be performed, Tenant shall deliver to Landlord notification thereof specifying the nature and location of the intended work and the expected date of commencement thereof, and Landlord shall have the right to post Notices of Non-Responsibility on the Premises relating to the intended work. All construction to be performed by Tenant or performed by or under Tenant shall be performed without cost or expense to Landlord. Notwithstanding the above, Tenant may contest the validity or amount of any such mechanic’s lien claim filed against the Premises or stop notice once discharged of record.
10.3 Nothing Landlord’s estate therein, provided that in this Lease such event Tenant shall be deemed or construed in any way as constituting the consent or request of first notify Landlord and, if requested by Landlord, express or impliedshall, 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 construction, alteration, repair, replacement or improvement within ten (10) days of the Demised Premises and Improvements Landlord’s request, cause such lien to be made on bonded in the Demised Premises manner authorized by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or law so as to Landlord’s interest, release from such lien the rendering of any services real property or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptinterest therein subject thereto.
Appears in 1 contract
Samples: Lease Agreement (Dj Orthopedics Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause will not permit to be paid all costs for created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished, or claimed to have been done or furnished, by it any contractor, mechanic, laborer or caused materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. 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 Tenant or Tenant’s contractor to be done by it work on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)Building or any part thereof, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty ten (3010) days after notice of the filing thereof or such other reasonable timethereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or by bonding; provided, however, that otherwise. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop notice once of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of record.
10.3 Nothing such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be deemed paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or construed in discharge any way as constituting the consent or request of lien created by Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease Agreement (Maxcyte, Inc.)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant Lessee shall not suffer do any act, or permit make any mechanic’scontract, materialmen’s, attachment, execution which may create or be the foundation for any lien or other liens encumbrance upon any interest or stop notices to attach Lessor or any ground or underlying lessor in any portion of the Premises. If, because of any act or omission (or alleged act or omission) of Lessee, any Notice of Intention, mechanic's or other lien, charge, or order for the payment of money or other encumbrance shall be filed against Lessor and/or any ground or underlying lessor and/or any portion of the Demised Premises (including the Improvements thereonwhether or not such lien, charge, order, or encumbrance is valid or enforceable as such), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant Lessee shall, within thirty (30) days after notice of the filing thereof or such other reasonable timeat its own cost and expense, cause the same to be discharged of record by paymentor bonded within thirty (30) days after the filing thereof; and Lessee shall indemnify and save harmless Lessor and all ground and underlying lessor(s) against and from all costs, depositliabilities, order of court or by bonding; providedsuits, howeverpenalties, that Tenant claims, and demands, including reasonable counsel fees, resulting therefrom. If Lessee fails to comply with the foregoing provisions, Lessor shall have the right option of discharging or bonding any such lien, charge, order, or encumbrance, and Lessee agrees to contestreimburse Lessor for all costs, expenses, and other sums of money in connection therewith (as additional rental) with due diligenceinterest at the maximum rate permitted by law promptly upon demand. All materialmen, the validity contractors, artisans, mechanics, laborers, and any other persons now or amount hereafter contracting with Lessee of any such lien contractor or stop notice once discharged subcontractor of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, Lessee for the performance of any labor or the furnishing of any materials for labor services, materials, supplies, or equipment with respect to any constructionportion or the Premises, alteration, repair, replacement or improvement at any time from the date hereof until the end of the Demised Premises and Improvements Lease Term, are hereby charged with notice that they look exclusively to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority Lessee to contract obtain payment for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptsame.
Appears in 1 contract
Samples: Lease (Robocom Systems Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other ’s liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)or any part thereof by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices, or against any lender materials supplied or claimed to have been supplied to Tenant or anyone holding funds for any work (or improvement upon claiming to hold) the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofany part thereof through or under Tenant. If any such liens, stop notices mechanic’s liens or similar proceedings are notice of lien shall at any time be filed against the Premises on account of an alleged debt of Tenant or commencedany notice of lien by a party engaged by Xxxxxx or Xxxxxx’s contractor or materialmen to work on the Premises, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, shall cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise within forty-five (45) days after the date of filing the same, or in the event such party disputes the validity of such lien, such party may deposit 110% of the amount claimed by the lien holder in escrow with a title insurance company, and/or the other party, or as prescribed by law as security against foreclosure of the lien. If Tenant fails to discharge such mechanic’s lien within such period, then, in addition to any other right or remedy of Landlord hereunder, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by bonding; providedprocuring the discharge of such lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, howeverand all reasonable legal and other expenses of such party, that Tenant shall have including reasonable attorneys’ fees, in procuring the right to contestdischarge of such lien, with due diligenceall necessary disbursements in connection therewith, with interest thereon at the validity or amount rate of any such lien or stop notice once discharged five percent (5%) per annum from the date of record.
10.3 Nothing in this Lease payment shall be deemed or construed in repaid by Tenant on demand. Any such amount owed by Tenant to Landlord shall become immediately due and payable by Xxxxxx as Additional Rent with the next succeeding installment of monthly Base Rent which shall become due after such demand. Nothing herein contained shall imply any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made agreement on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority part of Landlord to contract for or permit, on subject Landlord’s behalf or as estate to Landlordliability under any mechanic’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptlien law.
Appears in 1 contract
Samples: Lease Agreement
Mechanic’s Liens. 10.1 Tenant shall pay not create or cause to be paid all costs for work done by it imposed, claimed or caused filed upon the Premises, or any portion thereof, or upon the interest of Landlord therein, any lien, charge or encumbrance whatsoever. If, because of any act or omission of Tenant, any such lien, charge or encumbrance shall be imposed, claimed or filed, Tenant shall, at its sole cost and expense, cause the same to be done fully paid and satisfied or otherwise discharged of record (by it on the Demised Premises bonding or Improvements, otherwise) and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save and hold Landlord harmless from and against any and all liability, loss, damage, costs, attorneys’ fees liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys' fees, at both trial and all appellate levels, resulting or on account thereof and therefrom. In the event that Tenant shall fail to comply with the provisions of this Section 18, Landlord shall have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Tenant agrees to reimburse Landlord, upon demand and as additional rent, for all sums so paid and for all costs and expenses incurred by Landlord in connection therewith, together with interest thereon, until paid. Landlord's interest in the Premises shall not be subjected to liens of any nature by reason of Tenant's construction, alteration, renovation, repair, restoration, replacement or reconstruction of any improvements on or in the Premises, or by reason of any other expenses act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not limited to, mechanics' and materialmen's liens. All persons dealing with Tenant are hereby placed on notice that such persons shall not look to Landlord or to Landlord's credit or assets (including Landlord's interest in the Premises) for payment or satisfaction of any obligations incurred in connection with the construction, alteration, renovation, repair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant has no power, right or authority to subject Landlord's interest in the Premises to any mechanic's or materialmen's lien or claim of lien. If a lien, a claim of lien or an order for the payment of money shall be imposed against the Premises 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlordperformed, or against any lender holding funds alleged to have been performed, for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedon behalf of Tenant, Tenant shall, within thirty (30) days after written notice of the filing thereof imposition of such lien, claim or such other reasonable timeorder, cause the same Premises to be discharged released therefrom by the payment of record by payment, deposit, order of court the obligation secured thereby or by bonding; providedfurnishing a bond or by any other method prescribed or permitted by law. If a lien is released, howeverTenant shall thereupon furnish Landlord with a written instrument of release in form for recording or filing in the appropriate office of land records of Orange County, that Florida, and otherwise sufficient to establish the release as a matter of record. Tenant may, at its option, contest the validity of any lien or claim of lien if Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing first posted an appropriate and sufficient bond in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement favor of the Demised claimant or paid the appropriate sum into court, if permitted by law, and thereby obtained the release of the Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materialsfrom such lien. The Memorandum of Lease to be recorded If judgment is obtained by the parties claimant under any lien, Tenant shall contain pay the statutorily required disclosures to effectuate this concept.same immediately after such judgment shall have become final, and the time for appeal
Appears in 1 contract
Samples: Assembly/Light Manufacturing/Office Lease (Triton Network Systems Inc)
Mechanic’s Liens. 10.1 Tenant Notice is hereby given that Landlord shall pay not be liable to any Person for any labor or cause materials furnished or to be paid all costs for work done by it or caused furnished to be done by it on the Demised Premises or ImprovementsTenant upon credit, and that no mechanic's, materialman's or other lien for any such labor or materials shall attach to or affect the reversion or other estate or interest of Landlord in and to the Leased Premises, the Building or the Land. Whenever and as often as any mechanic's lien or materialman's lien shall have been filed against the Leased Premises, the Building or the Land based upon any act or interest of Tenant or of anyone claiming through or under Tenant, or if any lien with respect thereto shall have been filed affecting any materials, machinery or fixtures used in the construction, repair or operation thereof or annexed thereto by Tenant or anyone claiming through or under Tenant, Tenant shall, at its expense, immediately take such action by bonding, deposit or payment as will keep remove or satisfy the Demised Premises free lien or other security interest. If Tenant fails to bond remove or discharge the lien or other security interest within 30 days after receipt of demand therefor by Landlord, Landlord, in addition to any other remedy under this Lease and clear without waiving or releasing Tenant's default in not timely discharging the lien or security interest, may pay the amount secured by such lien or security interest or discharge the same by deposit and the amount so paid or deposited shall be collectible as additional rent. The provisions of all mechanic’s this subsection shall not be applicable to liens and other liens due filed with respect to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save 's account by Landlord harmless from all 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 Tenantat Landlord's expense.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Park, Demised Premises (including the Improvements thereon)or any part thereof or against Tenant's leasehold estate therein by reason of any work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials done for, or against supplied, or claimed to have been done for, or supplied to, Tenant or any lender one holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofany part thereof through or under Tenant. If any such lienslien shall at any time be filed against the Park, stop notices the Demised Premises or similar proceedings are filed any part thereof or commencedagainst Tenant's leasehold estate therein, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, shall cause the same to be discharged of record within forty-five (45) days after the date of notice thereof to Tenant, by either payment, deposit, order bond or otherwise. If Tenant shall fail to discharge any such lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, procure the discharge of the same either by paying the amount claimed to be due by deposit in court or by bonding; provided, howeverand/or Landlord shall be entitled, that Tenant shall have if Landlord so elects, to compel the right prosecution of an action for the foreclosure of such lien by the lienor and to contestpay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses of Landlord, including reasonable attorneys' fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with the Default Charge thereon, shall become due diligence, the validity or amount of any such lien or stop notice once discharged of recordand payable forthwith by Tenant to Landlord.
10.3 10.2 Nothing in this Lease shall be deemed to be, or construed in any way as constituting constituting, the consent or request of Landlord, express expressed or implied, by inference or otherwise, to any contractorperson, subcontractor, laborer firm or materialman, corporation for the performance of any labor or the furnishing of any materials for any construction, alterationrebuilding, repair, replacement alteration or improvement repair of or to the Demised Premises and Improvements to be made on the Demised Premises by Tenantor any part thereof, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materials. The Memorandum of Lease materials which might in any way give rise to be recorded by the parties shall contain right to file any lien against Landlord's interest in the statutorily required disclosures to effectuate this conceptDemised Premises.
Appears in 1 contract
Samples: Lease (Schein Pharmaceutical Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause will not permit to be paid all costs for created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished, or claimed to have been done or furnished, by it any contractor, mechanic, laborer or caused materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. 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 Tenant or Tenant’s contractor to be done by it work on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)Building or any part thereof, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty ten (3010) business days after notice of the filing thereof or such other reasonable timethereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or by bonding; provided, however, that otherwise. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop notice once of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of record.
10.3 Nothing such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all reasonable out-of-pocket costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be deemed paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or construed in discharge any way as constituting the consent or request of lien created by Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease Agreement (Opgen Inc)
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall pay or cause to be paid all costs for work done deemed authorized and ordered by it or caused to be done by it on the Demised Premises or ImprovementsTenant only, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other mechanics' liens or stop notices to attach or be filed against the Demised Premises or the Complex in connection therewith. Upon completion of any such work (including the Improvements thereonother than Minor Alterations), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted deliver to mortgage its leasehold interest in the Demised Premises Landlord final lien waivers from all contractors, subcontractors and its interest in the Improvements, is provided for in Article 20 hereofmaterial men who performed such work. If any such liensa lien is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within thirty (30) ten days after Landlord has delivered notice of the filing thereof to Tenant (or such other reasonable timeearlier time period as may be necessary to prevent the forfeiture of the Premises, the Complex or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the same lien to be discharged released of record by paymentrecord, deposit(2) insure over or bond off such lien to Landlord's reasonable satisfaction, order of court or by bonding; provided, however, that (3) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant shall have the right fails to contest, with due diligence, the validity or amount of timely take any such action, then Landlord may pay the lien or stop notice once discharged of record.
10.3 Nothing in this Lease claim, and any amounts so paid, including expenses and interest, shall be deemed paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of"landlord tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or construed in other similar relationships). Accordingly, all material men, contractors, artisans, mechanics, laborers and any· other persons now or hereafter contracting with Tenant, any way as constituting the consent contractor or request subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor; services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Te=, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Complex or Landlord's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or material man any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall defend, indemnify and Improvements hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys' fees) in any way arising from or relating to be made on the Demised Premises failure by Tenantany Tenant Party to pay for any work performed, nor as giving materials furnished, or obligations incurred by or at the request of a Tenant any right, power Party. This indemnity provision shall survive termination or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering expiration of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and SECTION 13.1 Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’sConstruction Lien Claim or Notice of Unpaid Balance and Right To File Lien ("LIEN") against the Demised Premises and/or Property or any part thereof, materialmen’sby reason of any work, attachmentservices, execution material and/or equipment provided, or other liens claimed to have been provided, for or stop notices to attach Tenant or be 15 any contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant. If at any time a Lien is filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedand/or Property, Tenant shall, will cause the same to be discharged of record or bonded over within thirty (30) days after notice to Tenant of the filing thereof of same. If Tenant fails to discharge or bond over any such Lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may elect, but shall not be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all reasonable legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which Chemical Bank announces as its so called prime rate or base rate, from time to time, cause plus three (3%) percent, from the same to be discharged date of record by payment, payment or deposit, order of court or will become due and payable forthwith by bonding; providedTenant to Landlord, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of recordas additional rent.
10.3 SECTION 13.2 Nothing in this Lease shall will be deemed or construed in any way as constituting the consent or request authorization of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer improvement to or materialman, for the performance any alteration or repair of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of to the Demised Premises and Improvements or any part thereof, or to be made on Tenant's contracting for or permitting the providing of any work, services, material and/or equipment, which might give rise to the right to file any Lien against Landlord's interest in the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptProperty.
Appears in 1 contract
Mechanic’s Liens. 10.1 No work performed by Tenant pursuant to this Lease 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 shall pay promptly all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantits contractors on or about the Premises. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit If any mechanic’s, materialmen’s, attachment, execution 's or other liens or stop notices to attach or shall at any time be filed against the Demised Premises (including or any part of the Improvements thereon)Shopping Center by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding the Premises through or under Tenant, and regardless of whether any such lien is asserted against any lender holding funds for any work the interest of Landlord or improvement upon the Demised Premises or ImprovementsTenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, forthwith cause the same to be discharged of record by payment, deposit, order or bonded to the satisfaction of court or by bonding; provided, however, that Landlord. If Tenant shall have fail to cause such lien to be so discharged or bonded within thirty (30) days (or such shorter period required under any Mortgage) after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to contestbe due, with due diligenceand the amount so paid by Landlord, the validity or amount of any including reasonable attorneys' fees incurred by Landlord either in defending against such lien or stop notice once discharged in procuring the bonding or discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Default Rate, shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rental.
Appears in 1 contract
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall pay or cause to be paid all costs for work done deemed authorized and ordered by it or caused to be done by it on the Demised Premises or ImprovementsTenant only, and Tenant will keep the Demised Premises free and clear of all shall not permit any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvementsthe Project in connection therewith. Prior to the commencement of any such work, except that (i) Tenant shall be permitted comply with Nevada Revised Statutes Section 108.234(4) by obtaining a payment and completion bond as required in an amount equal to mortgage its leasehold interest in one and one-half (1.5) times the Demised Premises aggregate contract price for such work; and its interest in the Improvements(ii) providing evidence of such compliance to Landlord. In addition, is provided for in Article 20 hereofupon completion of any such work, Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If any such lienslien against the Premises or Project is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within thirty ten (3010) days after Landlord has delivered notice of the filing thereof to Tenant (or such other reasonable timeearlier time period as may be necessary to prevent the forfeiture of the Shopping Center or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the same lien to be discharged released of record by paymentrecord, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any (2) diligently contest such lien and deliver to Landlord a bond or stop notice once discharged of record.
10.3 Nothing in this Lease other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be deemed paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or construed in other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any way as constituting the consent other persons now or request hereafter contracting with Tenant, any contractor or subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall defend, indemnify and Improvements hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to be made on the Demised Premises failure by Tenantany Tenant Party to pay for any work performed, nor as giving materials furnished, or obligations incurred by or at the request of a Tenant any right, power Party. This indemnity provision shall survive termination or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering expiration of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Lease Agreement
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on (a) Throughout the Demised Premises or Improvements, Lease Term and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Leaseany Renewal Term, Tenant shall not suffer or permit any mechanic’sliens to stand against the Demised Premises or any part thereof, materialmen’sby reason of any work, attachmentlabor, execution services or other liens materials done for, or stop notices supplied, or claimed to attach have been done for, or supplied to, Tenant or anyone holding the Demised Premises or any part thereof through or under Tenant. If any such lien shall at any time be filed against the Demised Premises (including the Improvements thereon)Premises, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record within ten (10) business days after Tenant shall receive notice of the same, by either payment, deposit, order of court deposit or by bonding; provided, however, that bond. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of discharge any such lien within such period, then, in addition to any other right or stop notice once discharged remedy of recordLandlord, Landlord may, but shall not be obligated to, procure the discharge of the same either by paying the amount claimed to be due by deposit in court or bonding, and/or Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses of Landlord, including counsel fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the Interest Rate from the date of payment or deposit, shall become due and payable forthwith by Tenant to Landlord, or, at the option of Landlord, shall be payable by Tenant to Landlord as Additional Rent.
10.3 (b) Nothing in this Lease shall be deemed to be, or construed in any way as constituting constituting, the consent or request of Landlord, express expressed or implied, by inference or otherwise, to any contractorperson, subcontractor, laborer firm or materialman, corporation for the performance of any labor or the furnishing of any materials for any construction, alterationrebuilding, repair, replacement alteration or improvement repair of or to the Demised Premises and Improvements to be made on the Demised Premises by TenantPremises, nor or any part thereof, or as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materials, which might in any way give rise to the right to file any lien against or Landlord's interest in the Demised Premises. The Memorandum Landlord shall have the right to post and keep posted at all reasonable times upon the Demised Premises any notices which Landlord shall be required so to post for the protection of Lease to be recorded by Landlord and/or the parties shall contain the statutorily required disclosures to effectuate this conceptDemised Premises from any such lien.
Appears in 1 contract
Samples: Lease Agreement (Osteotech Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs hereby indemnifies and holds harmless Landlord from and against any liabilities and/or obligations for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees any 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be encumbrances filed against the Demised Premises Property or any part thereof or interest therein arising out of or resulting from the Stairway/Common Area Work (including excepting only liens filed by architects or engineers retained by Landlord in connection with the Improvements thereonStairway/Common Area Work), the Tenant’s leasehold interest in Work or any other work performed by Tenant under this Lease. Tenant, against Landlordat its expense, or against any lender holding funds for any work or improvement upon shall procure the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises discharge of all such liens and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, encumbrances within thirty ten (3010) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once encumbrance against the Premises and/or the Property or any part thereof. If Tenant shall fail to cause any such lien or encumbrance to be discharged within such ten (10) day period, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of record.
10.3 Nothing an action for the foreclosure of such lien and to pay the amount of the judgment in favor of the lien with interest, costs and allowances. Without limiting the foregoing, any amount so paid by Landlord, and all costs and expenses incurred by Landlord in connection therewith, shall constitute Additional Rent under this Lease and shall be deemed paid by Tenant to Landlord on demand. In addition, without limiting the foregoing, if (i) Tenant bonds over or construed discharges a lien, and (ii) it is subsequently determined in any way an action or arbitration proceeding, that the lien was filed solely as constituting a result of a failure of Landlord to pay the consent or request of Landlord’s Contribution when due, express or impliedthen, by inference or otherwise, without limitation and in addition to any contractorother remedy available to Tenant as a result thereof, subcontractorLandlord shall reimburse Tenant for all costs and expenses incurred by Tenant in connection with bonding or discharging said lien, laborer or materialman, for together with interest at the performance of any labor or Default Rate from the furnishing of any materials for any construction, alteration, repair, replacement or improvement of date such payment was due until the Demised Premises and Improvements date that Landlord pays such amount to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Sublease (Tokai Pharmaceuticals Inc)
Mechanic’s Liens. 10.1 Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interest of Landlord in the Building, or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the Leasehold interest granted to Tenant by this instrument. Tenant will pay or cause to be paid all costs and charges for work done by it or caused to be done by it on it, in or to the Demised Premises or ImprovementsPremises, and for all materials furnished for or in connection with such work. Tenant will keep the Demised Premises free indemnify Landlord against and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save hold Landlord harmless from all liabilityliabilities, lossliens, damageclaims, costs, attorneys’ fees and all other expenses demands 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 Tenant.
10.2 During the Term such work. Notwithstanding any provision of this LeaseLease relating to improvements, additions, alterations, repairs, and/or reconstruction of or to the Premises, Landlord and Tenant shall hereby agree and confirm that (a) Landlord has not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices consented and will not consent to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance furnishings of any labor or materials to the furnishing of Premises that would or any materials for result in any construction, alteration, repair, replacement mechanic’s or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlordmaterialman’s behalf or as lien attaching to Landlord’s interestinterest in the Premises, (b) Tenant is not the rendering agent of Landlord for the purposes of any services such improvements, additions, alterations, repair and/or reconstructions, and (c) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs and/or reconstruction are or is accomplished, and has made no agreement to make or be responsible for any payment to or for the furnishing benefit of any materialsperson furnishing labor and/or materials in connection therewith. The Memorandum No such person furnishing labor and/or materials to or for the account of Tenant shall be entitled to claim any lien against the interest of Landlord in the Premises and such person(s) shall look solely to Tenant and the leasehold interest of Tenant under this Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptfor satisfaction of any such claims.
Appears in 1 contract
Mechanic’s Liens. 10.1 No work performed by Tenant 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 Landlord so that no mechanics’ or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall pay promptly all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it Tenant or caused its contractors on or about the Premises. [Xxx: Please note the following sentence] Prior to be done by it the commencement of any work on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this LeasePremises, Tenant shall exercise reasonable efforts to obtain unconditional lien waivers from all suppliers of services or materials to the Premises and shall notify in writing all suppliers of services or materials to the Premises that the improvements to be constructed are solely for the benefit of Tenant, that Landlord shall not suffer be liable for any costs related thereto and that the Premises shall not be subject to any mechanics’ or permit materialmens’ liens in connection therewith. In the event any mechanic’s, materialmen’s, attachment, execution mechanics’ or other liens or stop notices to attach or lien shall at any time be filed against the Demised Premises (including the Improvements thereon)by reasons of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials performed or furnished, or against any lender alleged to have been performed or furnished, to Tenant or to anyone holding funds for any work the Premises through or improvement upon the Demised Premises or Improvementsunder Tenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order or bonded to the satisfaction of court or by bonding; provided, however, that Landlord within forty-five (45) days of filing. If Tenant shall have fail to cause such lien forthwith to be so discharged or bonded 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 bond or discharge the same by paying the amount claimed to contestbe due, with due diligence, and the validity or amount of any so paid by Landlord including reasonable attorneys’ fees incurred by Landlord either defending against such lien or stop notice once discharged in procuring the discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Default Rate, shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rental.
Appears in 1 contract
Samples: Lease Agreement (Boston Gear LLC)
Mechanic’s Liens. 10.1 The Tenant shall pay will not permit, during the term hereby granted, any mechanic's or cause other lien or order for payment of work, labor, services, or materials furnished or to be paid all costs for work done by it furnished to attach to or caused to be done by it on affect the Demised Premises premises or Improvementsany portion thereof, and Tenant agrees that it will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer cause or permit any mechanic’ssuch lien or order to attach to or affect the fee, materialmen’s, attachment, execution leasehold or other liens estate of the Landlord herein, or stop notices the building. The Tenant's obligation to attach keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land or buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic's or other lien or order shall be filed against the Demised Premises (including premises or the Improvements thereon)land or building of which the premises are a part, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty ninety (3090) days after the Tenant has notice of thereof, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. If the filing thereof Tenant shall fail to take such action, or shall not cause such other reasonable time, cause the same lien or order to be discharged within ninety (90) days after the filing thereof, the Landlord may pay the amount of record such lien or discharge the same by payment, deposit, order of court deposit or by bonding; providedbond or in any other manner according to law, howeverand pay any judgment recovered in any action to establish or foreclose such lien or order, that Tenant shall have and any amount so paid, together with the right to contestexpenses incurred by the Landlord, with due diligence, the validity or amount including all attorneys' fees and disbursements incurred in any defense of any such lien action, bonding or stop notice once discharged of record.
10.3 Nothing in this Lease other proceeding, shall be deemed or construed additional rent. Any reasonable expenses incurred by Landlord in any way as constituting connection with the consent or request examination of Landlord, express or implied, by inference or otherwise, title to any contractor, subcontractor, laborer or materialman, for the performance premises in order to ascertain the existence of any labor lien or encumbrance and the furnishing discharge of any materials for any constructionrecord thereof, alterationshall be payable by Tenant to Landlord on demand, repairtogether with interest as aforesaid, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptadditional rent.
Appears in 1 contract
Samples: Lease (Sma Real Time Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause will not permit to be paid all costs for created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished, or claimed to have been done or furnished, by it any contractor, mechanic, laborer or caused materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. 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 be done by it work on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)Building or any part thereof, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty ten (3010) days after notice of the filing thereof or such other reasonable timethereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or by bonding; provided, however, that otherwise. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop notice once of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of record.
10.3 Nothing such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses, including attorneys’ fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be deemed paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or construed in discharge any way as constituting the consent or request of lien created by Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease Agreement (Maxcyte, Inc.)
Mechanic’s Liens. 10.1 No work performed by Tenant pursuant to this Contract, 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 Landlord or the estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises. Tenant shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant's improvements assuring Landlord that no mechanic's liens will be asserted against Landlord or Landlord's interest in the Premises or the Property of which the Premises are a part. Tenant shall pay on time all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantits contractors on or about the Premise. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit If any mechanic’s, materialmen’s, attachment, execution 's or other liens or stop notices to attach or shall at any time be filed against the Demised Landlord or Premises (including or the Improvements thereon)Property of which the Premises are a part by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices, or against any lender materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding funds for any work the Premises through or improvement upon the Demised Premises or Improvementsunder Tenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order to the satisfaction of court or by bonding; provided, however, that Landlord. If Tenant shall have fail to cause such lien to be so discharged within thirty (30) days after the filing of such lien, then, in addition to any other right or remedy of Landlord, Landlord may (but shall not be obligated to) discharge the same by paying the amount claimed to contestbe due, with due diligenceand the amount so paid by Landlord, the validity or amount of any including reasonable attorneys' fees incurred by Landlord either in defending against such lien or stop notice once discharged in procuring the discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Default Rate, shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, due and payable 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 construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Concession Agreement
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease lease shall be deemed or construed in any way as constituting the consent or request of LandlordLessor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, materialman for the performance of any labor or the furnishing of any materials for any constructionspecific improvements, alteration, repair, replacement 1teration to or improvement repair of the Demised Premises and Improvements to be made on the Demised Premises by Tenantor any part thereof, nor as giving Tenant Lessee any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services service or the furnishing of any materialsmaterials that would give rise to the filing of any lien against the Building or any part thereof. The Memorandum of Lease Lessee agrees o ensure that no mechanic’s or materialman’s lien will be filed against the Demised Premises or the Building, or any part thereof, for any work claimed to have been done or for any material claimed :o have been furnished to Lessee, and, if any such liens, are filed against the Demised Premises or the Building, or any part thereof, lessee will discharge same within five (5) days thereafter. If lessee shall fail to cause such lien, encumbrance or charge to be recorded discharged within a five (5) day period, Lessor may, but shall not e obligated to, discharge the lien, either by paying the parties shall contain amount claimed to be due or by pursuing the statutorily required disclosures discharge of the lien through judicial proceedings. Lessee agrees to effectuate this conceptpay Lessor, upon demand, as additional Rental, the sum paid by Lessor to discharge the mechanics or materialman’s liens, together with court costs and seasonable attorney’s fees. At the request of Lessor, Lessee agrees to secure payment bond satisfactory to Lessor, securing the payment of all amounts due to mechanics and materialmen in connection with any work claimed to have been done or material claimed to have been furnished to Lessee in connection with alterations or repairs to the Demised Premises or to the Building.
Appears in 1 contract
Samples: Lease Agreement (Vemics, Inc.)
Mechanic’s Liens. 10.1 Tenant You (the Tenant) shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind the interests of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with you, including those who may furnish materials or perform labor for any construction or repairs and nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the estate of the Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to liens for improvements made by you and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to you by this instrument. You covenant and agree that you will pay or cause to be paid all costs for work done sums legally due and payable by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses you on account of claims of lien of laborers or materialmen or others for work any labor performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for connection with any work performed on the Premises on which any lien is or improvement upon the Demised Premises or Improvements, except that Tenant shall can be permitted to mortgage validly and legally asserted against its leasehold interest in the Demised Premises or the improvements thereon and its that you will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against (he right, title and interest of the Landlord in the Premises or under the terms of this Lease. You agree to give Landlord immediate written notice if any lien or encumbrance is placed on the Premises. Notwithstanding any provision of this Lease relating to improvements, additions, alterations, repairs or reconstruction of or to the Premises, you and the Landlord each agree and confirm that: (i) Landlord has not consented nor will Landlord ever consent to the furnishing of any labor or materials to the Premises that would or may result in any mechanic’s or materialman’s lien attaching to Landlord’s interest in the ImprovementsPremises; (ii) You are not the agent of Landlord for the purposes of any such improvements, is additions, alterations, repairs or reconstruction; and (iii) except as expressly provided herein, Landlord has retained no control over the manner in which any such improvements, additions, alterations, repairs or reconstruction are accomplished, and has made no agreement to make or be responsible for any payment to or for the benefit of any person furnishing labor or materials in Article 20 hereofconnection (herewith. No one furnishing labor or materials to or for your account shall be entitled to claim any lien against the interest of Landlord in the Premises and such entities shall look solely to you and your leasehold interest under this Lease for the satisfaction of any such claims. You shall be liable for all taxes levied or assessed against personal property, furniture or fixtures placed by you in the Premises. If any such liens, stop notices taxes for which you are liable are levied or similar proceedings are filed assessed against Landlord or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause Landlord’s property and if Landlord elects to pay the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have if the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request assessed value of Landlord’s property is increased by inclusion of personal property, express furniture or impliedfixtures placed by you in the Premises, by inference or otherwiseand Landlord elects to pay the taxes based on such increase, you shall pay to any contractor, subcontractor, laborer or materialman, for the performance Landlord upon demand that part of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptsuch taxes.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay 7.1 Discharge If, because of any act or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvementsomission of Tenant, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's lien or other liens lien, charge or stop notices to attach or order for the payment of money shall be filed against any portion of the Demised Premises (including the Improvements thereon)Premises, Tenant’s leasehold interest in this Lease, against Landlordat its own cost and expense, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by paymentwithin thirty (30) days of the filing thereof, depositand Tenant shall indemnify and save harmless Landlord against any from all costs, order liabilities, suits, penalties, claims and demands, including reasonable attorneys' fees and expenses, on account thereof. If Tenant shall fall to cause such liens to be discharged of court or by bonding; providedrecord within the aforesaid thirty (30) day period, however, that Tenant then Landlord shall have the right to contestcause the same to be discharged. All amounts paid by Landlord to cause such liens to be discharged, with due diligence, plus interest on such amounts at the validity or amount of any such lien or stop notice once discharged of recordDefault Rate shall constitute Other Charges payable by Tenant to Landlord.
10.3 Nothing 7.2 No Consent Except as specifically provided in this Lease, nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, materialman for the performance of any labor or the furnishing of any materials for any constructionspecific improvement or alteration to, alterationor repair of, repairthe Premises, replacement the Building or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantany part thereof, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to the filing of any mechanic's lien against Landlord's interest in the Premises or the Property. The Memorandum of Lease Notice is hereby given that neither Landlord nor Landlord's agents, nor any Superior Lessor or Superior Mortgagee shall be liable for any labor or materials furnished or to be recorded by furnished to Tenant upon credit, and that no mechanic's or other lien for such labor or materials shall attach to or affect any estate or interest of Landlord or any Superior Lessor or Superior Mortgagee in and to the parties shall contain Premises or the statutorily required disclosures to effectuate this conceptProperty.
Appears in 1 contract
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant shall pay or cause Party (not including the work to be paid all costs for work done performed by it or caused Landlord pursuant to Exhibit D hereto) shall be done deemed authorized and ordered by it on the Demised Premises or ImprovementsTenant only, and Tenant will keep the Demised Premises free and clear of all shall not permit any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvementsthe Project in connection therewith. Upon completion of any such work, except that Tenant shall be permitted deliver to mortgage its leasehold interest in the Demised Premises Landlord final lien waivers from all contractors, subcontractors and its interest in the Improvements, is provided for in Article 20 hereofmaterialmen who performed such work. If any such liensa lien is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within thirty (30) ten days after Landlord has delivered notice of the filing thereof to Tenant (or such other reasonable timeearlier time period as may be necessary to prevent the forfeiture of the Premises, the Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the same lien to be discharged released of record by paymentrecord, deposit, order of court or by bonding; provided, however, that (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant shall have the right fails to contest, with due diligencetimely take either such action, the validity or amount of Landlord may pay the lien claim, and any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease amounts so paid, including expenses and interest, shall be deemed paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor”, “owner-agent” or construed in other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any way as constituting the consent other persons now or request hereafter contracting with Tenant, any contractor or subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall defend, indemnify and Improvements hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits judgments, damages and expenses (including attorneys’ fees) in any way arising from or relating to be made on the Demised Premises failure by Tenantany Tenant Party to pay for any work performed, nor as giving materials furnished, or obligations incurred by or at the request of a Tenant any right, power Party. This indemnity provision shall survive termination or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering expiration of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Mechanic’s Liens. 10.1 No work performed by Tenant 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 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 shall place such contractual provisions as Landlord may request in all contracts and subcontracts for Tenant's improvements assuring Landlord that no mechanic's liens will be asserted against Landlord's interest in the Premises or the property of which the Premises are a part. Tenant shall pay promptly all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming its contractor on or about the Premises. In the event any mechanic's or other lien shall at any time be entered, or any petition or proceeding therefor filed, against the Premises by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished to Tenant or to anyone holding the Premises through or under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, forthwith cause the same to be discharged of record by payment, deposit, order or bonded to the satisfaction of court or by bonding; provided, however, that Landlord. If Tenant shall have fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to contestbe due, with due diligenceand the amount so paid by Landlord, the validity or amount of any including reasonable attorneys' fees incurred by Landlord either in defending against such lien or stop notice once discharged in procuring the bonding or discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Default Rate, shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rental.
Appears in 1 contract
Samples: Lease Agreement (Ashworth Inc)
Mechanic’s Liens. 10.1 All Alterations, Repairs, and Tenant's Work (hereinafter collectively "Improvements") shall become the property of the Landlord upon installation and shall not be removed by Tenant unless otherwise required to do so. No Improvements performed by Tenant pursuant to this Lease, shall be deemed to be required by or for the immediate use and benefit of Landlord. No Notice of Commencement, mechanic's or other lien shall be allowed against the estate of Landlord by reason of any consent given by Landlord to Tenant to make any Improvements. Tenant shall pay promptly all persons furnishing labor or cause materials with respect to any Improvements. In the event any Notice of Commencement, mechanic's or other lien shall at any time be paid all costs for work done filed against any portion of the Premises by it reason of work, labor, services or caused materials performed or furnished, or alleged to be done by it on the Demised Premises have been performed or Improvementsfurnished, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming to anyone holding the Premises through or under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, immediately cause the same to be discharged of record by payment, deposit, order or bonded to the satisfaction of court or by bonding; provided, however, that Landlord. If Tenant shall have fail to cause such lien to be discharged or bonded immediately after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to contestbe due, with due diligence, and the validity or amount of any so paid by Landlord including reasonable attorney's fees incurred by Landlord either in defending against such lien or stop notice once discharged in procuring the bonding or discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon, shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, due and payable 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 construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises title to the Building and/or the Complex free and clear of all mechanic’s liens and other liens due any lien or encumbrance with respect to any work done for ordered by Tenant in the Demised Premises. Notice is hereby given that Tenant has no right to encumber the title of Landlord, or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liabilityof any party through whom Landlord's Estate is derived, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for any work performed or materials or supplies furnished for supplied at the request of Tenant or persons claiming under of Tenant.
10.2 During 's employees, agents or contractors. Tenant hereby agrees to indemnify, defend and hold Landlord harmless against any claim, loss, cost, demand and reasonable legal or other expense, whether in respect of any lien or otherwise, arising out of the Term supply of this Leasematerial, services or labor for such work. Tenant shall not suffer or permit immediately notify Landlord of any mechanic’ssuch lien, materialmen’sclaim of lien, attachment, execution or other liens action of which Tenant has knowledge, and which affects (or stop notices purports to attach affect) the title to the Building or be filed against the Demised Premises (including the Improvements thereon)Complex, Tenant’s leasehold interest in this Lease, against Landlord, and shall fully bond or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, remove same within thirty (30) days after notice of Tenant's knowledge of same (or, if Landlord or any party through whom Landlord's Estate is derived), has a sale, financing or refinancing then pending with respect to all or a part of the filing thereof Building and/or the Complex, then within five (5) Business Days), time being of the essence, failing which Landlord may take such action as Landlord deems reasonably necessary to remove the same, and the entire cost of the removal of same shall be immediately due and payable by Tenant to Landlord, together with interest thereon at the Base Rate from the date Landlord makes such payment, as Additional Rent. At least thirty (30) days prior to the commencement of any work by or such other reasonable timefor Tenant in, cause on or about all or any part of the same Building, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons likely to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, supplying labor and materials for the performance proposed work. The provisions of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement this Section shall apply to Tenant starting as of the Demised Premises date of this Lease, and Improvements to be made on shall survive the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptTerm.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant TENANT shall not suffer or permit any mechanic’sliens to stand against the Demised Premises or any part thereof by reason of any work, materialmen’slabor, attachmentservices or materials done for, execution or other liens supplied to, or stop notices claimed to attach have been done for, or supplied to, TENANT or anyone holding the Demised Premises or any part thereof through or under TENANT. If such lien shall at any time be filed against the Demised Premises (including the Improvements thereon)Premises, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant TENANT shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record within ninety (90) days after the date of filing the same, by either payment, deposit or bond. If TENANT shall fail to discharge any such lien within such period, then, in addition to any other right or remedy of LANDLORD, LANDLORD may, but shall not be obligated to, procure the discharge of the same either by paying the amount claimed to be due by deposit in court or bonding, and/or LANDLORD shall be entitled, if LANDLORD so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by LANDLORD for any of the aforesaid purposes, and all legal and other expenses by LANDLORD, including reasonable attorney fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the then maximum legal rate per annum from the date of payment or deposit, order shall become due and payable forthwith by TENANT to LANDLORD, or, at the option of court or LANDLORD, shall be payable by bonding; provided, however, that Tenant TENANT to LANDLORD as additional rent and LANDLORD shall have the right same remedy for the non-payment thereof as for the non-payment of basic rent as herein provided. LANDLORD hereby gives notice to contest, with due diligence, all persons who may furnish labor or material to TENANT at the validity or amount premises that LANDLORD does not consent to the filing of any mechanic’s or materialmen’s liens against LANDLORD’s estate in the premises, and that all persons furnishing labor or materials shall look only to the credit of TENANT and such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way security as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, TENANT may furnish for the performance payment of any all such labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease (Durata Therapeutics, Inc.)
Mechanic’s Liens. 10.1 No work performed by Tenant whether in the nature of erection, construction, alteration or repair, shall pay or cause bee deemed to be paid all costs for work done the immediate use and benefit of Landlord. No mechanic's or other lien shall attach to or be allowed to stand against the estate of Landlord by it or caused to be done reason of any improvements made by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under at the request or direction of Tenant. Tenant shall indemnify and save Landlord harmless from pay promptly all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers persons furnishing labor or materialmen or others for materials with respect to any work performed or materials or supplies furnished for by Tenant or persons claiming under Tenant.
10.2 During its contractor(s) in, on or about the Term of this Lease, Tenant shall not suffer or permit Lease Premises. In the event any mechanic’s, materialmen’s, attachment, execution 's or other liens or stop notices to attach or lien shall at any time be filed against the Demised Lease Premises (including or the Improvements thereon)Commercial Center by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials performed or furnished, or against any lender alleged to have been performed or furnished, to Tenant or to anyone holding funds for any work the Lease Premises through or improvement upon the Demised Premises or Improvementsunder Tenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order or bonded to the satisfaction of court or by bonding; provided, however, that Landlord. If Tenant shall have fail to cause such lien to be so discharged or bonded after being notified of the filing thereof, then in addition to any other right or remedy of Landlord, Landlord may discharge the same by paying the amount claimed to contestbe due, with due diligence, and the validity or amount of any so paid by Landlord (including actual attorney's fees and expenses incurred by Landlord either defending against such lien or stop notice once discharged in procuring the discharge of record.
10.3 Nothing in this Lease such lien), together with interest thereon, shall be deemed due and payable by Tenant to Landlord as additional Base Rental. Nothing herein contained shall be construed as a consent by Landlord for Tenant to make any alterations, improvements, installations or construed in any way additions so as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to give rise to any contractor, subcontractor, right to any laborer or materialmanmaterialman to file any mechanic's lien or any notice thereof, for the performance of or any labor other lien purporting to affect Landlord's property or the furnishing of any materials for any constructionCommercial Center. NOTICE AND DISCLAIMER PURSUANT TO (S)713.10, alterationFLA. STAT. PURSUANT TO (S)713.10, repairFLA. STAT., replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by TenantTHE FEE SIMPLE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS, nor as giving Tenant any rightALTERATIONS, power or authority to contract for or permitADDITIONS, on Landlord’s behalf or as to Landlord’s interestREMODELING OR REPAIRS ON TO OR ABOUT THE LEASE PREMISES MADE BY TENANT OR UNDER THE DIRECTION OR REQUEST OF TENANT. A COPY OF THIS LEASE HAS BEEN RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptFLORIDA.
Appears in 1 contract
Samples: Commercial Lease Agreement (Sunstar Healthcare Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or on behalf of Tenant or caused to be done by it or on behalf of Tenant on the Demised Premises of a character which will or may result in liens against Landlord's interest in the Premises or Improvementsthe Building, or any part thereof and Tenant will keep the Demised Premises same free and clear of all mechanic’s mechanics' liens and other liens due to on account of work done for or on behalf of Tenant or persons claiming under Tenant. Tenant shall indemnify hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damagedamages, costscosts or expenses, including attorneys’ fees and all other expenses on account of ' fees, incurred in connection with any claims of lien of laborers or materialmen or others any nature whatsoever for work performed for, or materials or supplies furnished to Tenant, including lien claims of laborers, materialmen or others. Should any such liens be filed or recorded against the Premises or the Building with respect to work done for or materials supplied to or on behalf of Tenant or persons claiming under Tenant.
10.2 During should any action affecting the Term of this Leasetitle thereto be commenced, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other cause such liens or stop notices to attach or be filed against the Demised Premises released of record within twenty (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (3020) days after notice thereof. If Tenant desires to contest any such claim of the filing thereof or lien, Tenant shall nonetheless cause such other reasonable time, cause the same lien to be discharged released of record by payment, deposit, order the posting of adequate security with a court or of competent jurisdiction as may be provided by bonding; provided, however, that Colorado's mechanics' lien statutes. If Tenant shall be delinquent in paying any charge for which such a mechanics' lien or suit to foreclose such a lien has been recorded or filed and shall not have caused the right lien to contestbe released as aforesaid, with due diligence, the validity or amount of any Landlord may (but without being required to do so) pay such lien or stop notice once discharged of record.
10.3 Nothing claim and costs associated therewith, and the amount so paid, together with interest thereon at the Interest Rate and Reasonable Attorneys' fees incurred in this Lease connection therewith, shall be deemed or construed in any way immediately due from Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rent.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant 5.01 Lessee shall pay or cause have no power to be paid all costs for work done by it or caused to be done by it on subject the Demised Premises Premises, or Improvements, and Tenant will keep Lessor’s interest in the Demised Premises free and clear Premises, or the Condominium or the Tenth Floor Unit or the interest of all mechanic’s liens and any owner therein or in any other liens due Condominium Unit to work done for Tenant any mechanics’ or persons claiming under Tenantother liens. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneysIf any mechanics’ 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or order for the payment of money shall be filed against the Demised Premises (including or the Improvements thereon), Tenant’s leasehold Condominium or any other Unit of the Condominium or the interest in this Lease, against Landlordof any owner therein by reason of or arising out of any labor or material furnished or alleged to have been furnished or to be furnished to or for the Lessee at the Demised Premises, or against for or by reason of any lender holding funds for any work change, alteration, or improvement upon addition or the Demised Premises cost or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing expense thereof or such any contract relating thereto, or by reason of any other reasonable timeact or omission of Lessee, the Lessee shall cause the same to be canceled and discharged of record record, by paymentbond or otherwise as allowed by law, depositat the expense of the Lessee. Lessee shall nonetheless have an unlimited right to contest such lien and if Lessee does so, order Lessee need not cause such cancellation or discharge during the pendency of court such challenge unless (i) there is an imminent threat to Lessor’s title to the Demised Premises; or by bonding; (ii) the existence of the lien constitutes a default under any mortgage affecting the fee interest in the Demised Premises. Lessee shall also defend on behalf of the Lessor, the Condominium and the owners of the Condominium Units, at the Lessee’s sole cost and expense, any action, suit, or proceeding that may be brought thereon or for the enforcement of those liens or orders, and the Lessee will pay any damages and satisfy and discharge any judgment entered therein and save harmless the Lessor, the Condominium and the Condominium Unit owners from any claim or damage resulting therefrom. Failure to comply with this Article 5 shall entitle Lessor to avail itself of the remedies in Article 17 upon giving the notices required under Article 17, provided, however, that Tenant if the Lessee has failed to cause the lien or order to be canceled and discharged of record within fifteen (15) days after Lessor’s written demand therefor, and if (i) there is an imminent threat to Lessor’s title to the Demised Premises; or (ii) the existence of the lien constitutes a default under any mortgage affecting the fee interest in the Demised Premises, then the Lessor shall have the right to contest, with due diligence, cause the validity or amount of any such lien or stop notice once same to be cancelled and discharged of recordrecord by bond or other security allowed by law (other than actual payment to the lienor) and the entire expense therefor shall constitute additional rent payable to the Lessor.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease (Morgans Hotel Group Co.)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant SUBLESSEE shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices 's lien to attach or be filed against the Demised Premises (including fee of the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, LEASED PREMISES or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its SUBLESSEE'S leasehold interest in the Demised Premises and its interest in DEMISED PREMISES by reason of work, labor, services, or materials supplied or claimed to have been supplied, whether prior or subsequent to the Improvementscommencement of the term hereof, is provided for in Article 20 hereofto SUBLESSEE or anyone holding the DEMISED PREMISES. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant SUBLESSEE shall, within thirty ten (3010) days after notice of the filing thereof or such other reasonable timethereof, cause the same such lien to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. If SUBLESSEE shall fail to cause such lien to be discharged within such ten (10) day period, then, in addition to any other right or remedy of SUBLESSOR, or OWNER, SUBLESSOR may, but shall not be obligated to, discharge such lien either by paying the amount claimed to be due or by bonding; providedprocuring the discharge of such lien by deposit or by bonding proceedings, howeverand in any such event SUBLESSOR shall be entitled, that Tenant shall have if SUBLESSOR so elects, to compel the right prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to contestpay the amount of the judgment for and in favor of the lienor, with due diligenceinterest, costs, and all other allowances. Any amount paid by SUBLESSOR for any of such purposes, with interest thereon at the validity rate of 15% per annum from the date of payment or amount of any such lien or stop notice once discharged of record.
10.3 deposit, shall be repaid by the SUBLESSEE to SUBLESSOR on demand, and if unpaid may be treated as additional rent as provided for elsewhere in this Sublease. Nothing in this Lease Sublease shall be deemed or construed in any way as constituting the consent or request of Landlordthe SUBLESSOR, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer laborer, or materialman, materialman for the performance of any labor or the furnishing of any materials for any constructionspecific improvement, alteration, repair, replacement or improvement repair of or the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor Subleased property or as giving Tenant any SUBLESSEE the right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services service or the furnishing of any materials. The Memorandum material that would give rise to the filing of Lease to be recorded by any mechanic's lien against the parties shall contain fee of the statutorily required disclosures to effectuate this conceptDEMISED PREMISES or the building.
Appears in 1 contract
Samples: Sublease (Solucorp Industries LTD)
Mechanic’s Liens. 10.1 Tenant shall have no authority, express or implied, to create, place or suffer the creation or placement of any lien or encumbrance of any kind or nature whatsoever upon the Property and/or Premises, or in any manner to bind the interest of Landlord or Tenant in the Property and/or Premises, or to charge the Rent payable hereunder, for any claim in favor of persons and/or entities dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all costs for work done by it or caused to be done sums legally due and payable by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work any labor performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for connection with any work performed on the Premises with respect to which any lien is or improvement upon the Demised Premises or Improvements, except that Tenant shall can otherwise be permitted to mortgage validly and legally asserted against its leasehold interest in the Demised Premises or the improvements thereon, and its Tenant further covenants that it will indemnify and hold Landlord harmless from and against any and all loss, liability, cost, damage and expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Improvements, is provided for in Article 20 hereofProperty and/or Premises or under the terms of this Lease. If Tenant shall discharge any such liens, stop notices lien by payment or similar proceedings are filed or commenced, Tenant shall, bonding within thirty ten (3010) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by paymenthas been filed, deposit, order of court or by bonding; provided, however, that Tenant failing which Landlord shall have the right right, but not the obligation, in addition to contestall other remedies herein provided, with due diligence, the validity or amount of any to discharge such lien at Tenant's expense and in such event Landlord's cost thereof, plus interest thereon at the lesser of eighteen percent (18%) per annum or stop notice once discharged of record.
10.3 Nothing in this Lease the maximum rate permitted by law, shall be reimbursed by Tenant to Landlord upon demand as Additional Rent hereunder. Landlord and Tenant further agree that any repairs or improvements made by Tenant to the Premises shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises authorized and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded ordered by the parties shall contain Tenant only, not the statutorily required disclosures Landlord (although Landlord preserves any right contained herein to effectuate this conceptapprove, consent to, or inspect such repairs or improvements).
Appears in 1 contract
Samples: Lease (Creditrust Corp)
Mechanic’s Liens. 10.1 Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord or Tenant in the Premises or to charge the rentals payable under this Lease for any Claims in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant shall pay or cause to be paid all costs for work done sums legally due and payable by it on account of any labor performed or caused 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 and Tenant shall indemnify, defend and hold harmless Landlord from any and all Claims arising out of any such asserted Claims. Tenant agrees to give Landlord immediate written notice of any such Claim. Tenant shall notify Landlord in writing at least ten (10) Business Days in advance of any work to be done by it on on, in, or about the Demised Premises or ImprovementsPremises. In the event of such scheduled work, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for whether Landlord received notice from Tenant or persons claiming under Tenant. Tenant shall indemnify and save not, Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right right, at any time and from time to contesttime, with due diligence, to enter the validity or amount Premises to post notices of any non-responsibility in such lien or stop notice once discharged of record.
10.3 Nothing locations as Landlord deems appropriate. Notwithstanding anything in this Lease to the contrary, Landlord shall not be deemed or construed required to notify Tenant in any way as constituting advance of entering the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, Premises for the performance purpose of any labor or posting the furnishing notices of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptnon-responsibility.
Appears in 1 contract
Samples: Industrial Lease (Oakley Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all not permit any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against placed upon the Demised Premises (including Premises, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordBuilding, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises Property and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, person for the performance of any labor or the furnishing of any materials for to the Premises, the Building, or the Property or any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantpart thereof, nor as giving Tenant any right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to any mechanic’s or other liens against the Premises, the Building, or the Property. The Memorandum If any such lien is attached to the Premises, the Building, or the Property, then, in addition to any other right or remedy of Lease Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, attorneys’ fees, shall be paid by Tenant to Landlord promptly on demand as additional rent. If Landlord does consent to the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property by any party, which consent must be recorded in writing, Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may require, including, but not limited to, Builder’s Risk and Worker’s Compensation insurance. Tenant shall within ten (10) days of receiving such notice of lien or claim (i) have such lien or claim released or (ii) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the parties shall contain indemnitees (as defined in Paragraph 18) against all costs and liabilities resulting from such lien or claim and the statutorily required disclosures to effectuate this conceptforeclosure or attempted foreclosure thereof.
Appears in 1 contract
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall be deemed authorized and
(1) pay or the amount of the lien and cause the lien to be paid all costs for work done by it released of record; or caused (2) diligently contest such lien and deliver to be done by it on Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the Demised Premises or Improvementslien claim, and Tenant will keep the Demised Premises free any amounts so paid, including expenses and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liabilityinterest, 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted paid by Tenant to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, Landlord within thirty ten (3010) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease their relationship is and shall be deemed solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or construed in other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any way as constituting the consent other persons now or request hereafter contracting with Tenant, any contractor or subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall indemnify, defend and Improvements to be made on the Demised Premises by Tenanthold harmless Landlord, nor as giving Tenant any rightits property manager, power or authority to contract for or permit, on Landlord’s behalf lender, any subsidiary or as to Landlord’s interestaffiliate of the foregoing, and their respective officers, directors, shareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the rendering “Indemnitees”) from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any services way arising from or relating to the furnishing failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of any materialsa Tenant Party. The Memorandum foregoing indemnity shall survive termination or expiration of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Office Lease Agreement (Cray Inc)
Mechanic’s Liens. 10.1 Tenant shall promptly pay any contractors and materialmen who supply labor, work or cause materials to be paid all costs for work done by it or caused to be done by it on Tenant at the Demised Premises or Improvements, and Tenant will keep the Demised Property so as to minimize the possibility of a lien attaching to the Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantthe Property. Tenant shall indemnify and save Landlord harmless from take all liabilitysteps permitted by law in order to avoid the imposition of any mechanic's, loss, damage, costs, attorneys’ fees and all other expenses on account of claims laborer's or materialman's lien upon the Premises or the Property. Should any such lien or notice of lien of laborers or materialmen or others be filed for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Leaseother than by Landlord, Tenant shall not suffer cause such lien or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same lien to be discharged of record by payment, deposit, order bond or otherwise within fifteen (I 5) days after the filing thereof or after Tenant's receipt of court or by bonding; providednotice thereof, howeverwhichever is earlier, that Tenant shall have the right to contest, with due diligence, regardless of the validity or amount of any such lien or stop notice once claim. If Tenant shall fail to cause such lien or claim to be discharged and removed from record within such fifteen (I 5) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of record.
10.3 an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys' fees incurred by Landlord in connection therewith, together with interest at a rate of nine percent (9%) per annum from the respective dates of Landlord's making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, all of the same to be solely for Tenant's account and at Tenant's risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, Landlord for the performance of any labor work or services or the furnishing of any materials for which any construction, alteration, repair, replacement lien could be filed against the Premises or improvement the Building or the Property or any part of the Demised Premises and Improvements to be made on the Demised Premises by Tenantany thereof, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering performance of any work or services or the furnishing of any materialsmaterials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. The Memorandum Throughout this Lease the term "mechanic's lien" is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of Lease any mechanic's, laborer's or materialman's lien or arising out of any debt or liability to be recorded or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic's notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by the parties shall contain the statutorily required disclosures any person entitled to effectuate this conceptany mechanic's lien.
Appears in 1 contract
Samples: Office Space Lease (Orapharma Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under TenantSECTION 21.1. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’sconstruction, attachment, execution laborer’s or other liens or stop notices materialman’s lien to attach or be filed at any time against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that any part thereof by reason of work performed by or on behalf of Tenant shall be permitted to mortgage its leasehold interest in or any agent or contractor or anyone holding the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofthrough or under Tenant. If any such lienslien shall be filed, stop notices or similar proceedings are filed or commencedTenant, Tenant shallupon notice thereof, within thirty (30) days after notice of the filing thereof or such other reasonable time, shall promptly notify Landlord and shall promptly cause the same to be discharged of record by payment, deposit, bond, order of a court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference competent jurisdiction or otherwise, and Tenant shall give Landlord prompt notice of such discharge. If Tenant shall fail to cause such lien to be so discharged within sixty (60) days after the date of the filing, then in addition to any contractorother right or remedy which Landlord may have, subcontractorLandlord may, laborer but shall not be obligated to, discharge the same either by paying the amount claimed to be due or materialmanby 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 compel the prosecution of any action for the performance foreclosure of any labor or such lien by the furnishing of any materials for any construction, alteration, repair, replacement or improvement lienor and to pay the amount of the Demised Premises judgment in favor of the lienor with interest, costs and Improvements to be made on allowances. Any amount so paid by Landlord and all costs and expenses (including reasonable counsel fees) incurred by Landlord in connection therewith, together with interest thereon at the Demised Premises lesser of (i) three percent (3%) plus the Prime Rate; or (ii) the maximum rate permitted by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on law from the date of Landlord’s behalf making of the payment or as incurring of the cost or expense, shall be promptly paid to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded Landlord by the parties shall contain the statutorily required disclosures to effectuate this conceptTenant upon demand.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and SECTION 13.1 Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’sConstruction Lien Claim or Notice of Unpaid Balance and Right To File Lien ("LIEN") against the Demised Premises and/or Property or any part thereof, materialmen’sby reason of any work, attachmentservices, execution material and/or equipment provided, or other liens claimed to have been provided, for or stop notices to attach Tenant or be any contractor and/or subcontractor employed in connection with any improvement of or to the Demised Premises or any part thereof through or under Tenant or anyone holding same through or under Tenant. If at any time a Lien is filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedand/or Property, Tenant shall, will cause the same to be discharged of record within thirty (30) days after notice to Tenant of the filing thereof of same. If Tenant fails to discharge any such Lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may elect, but shall not be obligated, either to procure the discharge of the Lien by bonding or by payment or deposit into court of the amount claimed to be due, or to compel the prosecution of an action for the foreclosure of such Lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amounts paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses and disbursements of Landlord, including reasonable counsel fees, in defending any action or in or about procuring the discharge of such Lien, together with interest thereon at the rate which Chemical Bank announces as its so called prime rate or base rate, from time to time, cause plus five (5%) percent, from the same to be discharged date of record by payment, payment or deposit, order of court or will become due and payable forthwith by bonding; providedTenant to Landlord, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of recordas additional rent.
10.3 SECTION 13.2 Nothing in this Lease shall will be deemed or construed in any way as constituting the consent or request authorization of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer improvement to or materialman, for the performance any alteration or repair of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of to the Demised Premises and Improvements or any part thereof, or to be made on Tenant's contracting for or permitting the providing of any work, services, material and/or equipment, which might give rise to the right to file any Lien against Landlord's interest in the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptProperty.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause Section 17.01. If, subject to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming notwithstanding Landlord's consent as required under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer cause any changes, alterations, additions, improvements, installations or permit any mechanic’s, materialmen’s, attachment, execution repairs to be made to or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon at the Demised Premises or Improvementsshall cause any labor to be performed or material to be furnished in connection therewith, except that neither Landlord nor the Demised Premises, under any circumstances, shall be liable for the payment of any expense incurred or for the value of any work done or material furnished, and all such changes, alterations, additions, improvements, installations and repairs and labor and material shall be made, furnished and performed upon Tenant's credit alone and at Tenant's expense, and Tenant shall be permitted solely and wholly responsible to mortgage its leasehold interest in the Demised Premises contractors, laborers, and its interest in the Improvements, is provided for in Article 20 hereofmaterialmen furnishing and performing such labor and material. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialmanmaterialman to furnish to perform any such labor or material.
Section 17.02. If, because of any act or omission of Tenant any mechanic's or other lien, charge or order for the performance payment of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of money shall be filed against the Demised Premises and Improvements or the Building or Landlord's estate as tenant under any ground or underlying lease (whether or not such lien, charge or order is valid or enforceable as such), for work claimed to have been for, or materials furnished to, Tenant, Tenant, at Tenant's expense, shall cause it to be made on the Demised Premises cancelled or discharged of record by Tenantbonding or otherwise within twenty (20) days after notice of such filing, nor as giving and Tenant any rightshall indemnify Landlord against and save Landlord harmless from and shall pay all reasonable costs, power or authority to contract for or permitexpenses, on Landlord’s behalf or as to Landlord’s interestlosses, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptfines and penalties, including, without limitation, reasonable attorneys' fees resulting therefrom.
Appears in 1 contract
Samples: Lease (Constellation 3d Inc)
Mechanic’s Liens. 10.1 Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the premises, or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all costs for work done by it or caused to be done sums legally due and payable by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work any labor performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for connection with any work performed on the premises on which any lien is or improvement upon the Demised Premises or Improvements, except that Tenant shall can be permitted to mortgage validly and legally asserted against its leasehold interest in the Demised Premises premises or the improvements thereon and its that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of the Landlord in the Improvementspremises or under the terms of this lease. Tenant will not permit any mechanics' lien or liens to be placed upon the premises or any building or improvement thereon during the term hereof, is provided for and in Article 20 hereofcase of the filing of any such lien Tenant will promptly pay same. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty lien shall remain in force and effect for twenty (3020) days after written notice thereof from Landlord to Tenant, Landlord shall have the right and privilege at Landlord's option of the filing thereof or such other reasonable time, cause paying and discharging the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and applicable late charge, shall be discharged so additional rent hereunder due from Tenant to Landlord and shall be repaid to Landlord immediately on rendition of record by paymentxxxx therefor. Notwithstanding the foregoing, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of contest any such lien in good faith and with all due diligence so long as any such contest, or stop notice once discharged action taken in connection therewith, protects the interest of record.
10.3 Nothing Landlord and Landlord's mortgagee in this Lease shall be deemed or construed in the premises and Landlord and any way as constituting the consent or request of Landlord, express or impliedsuch mortgagee are, by inference the expiration of said twenty (20) days period, furnished proof of such protection, and indemnification by Tenant against any loss, cost or otherwise, expense related to any contractorsuch lien and the contest thereof, subcontractor, laborer or materialman, for the performance of satisfactory to Landlord and any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptsuch mortgagee.
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Mechanic’s Liens. 10.1 Tenant SECTION 12.01: Lessor's estate shall pay or cause not be subject to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims claim of lien as a result of laborers any action or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Leaseinaction by Lessee, Tenant Lessee having no power to encumber Lessor's estate, (and Lessee shall not cause, suffer or permit any mechanic’s, materialmen’s, attachment, execution or other 's liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)Premises, Tenant’s nor against Lessee's leasehold interest in this Leasetherein) by reason of work, against Landlordlabor, services, or against materials supplied or claimed to have been supplied to Lessee or to anyone holding any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in Premises, or any part thereof, through or under Lessee, whether or not the Improvementswork, is provided for in Article 20 hereoflabor, services or materials are authorized under this Lease as change or alteration, Work, or otherwise. If claim of any such liensmechanic's lien thus prohibited shall at any time be filed, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, and if Lessee shall fail to cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise within 60 days of filing of such claim then, in lieu of any other right or remedy of Lessor, Lessor may but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by bonding; providedprocuring the discharge of such lien by deposit or by bonding proceedings, howeverand, that Tenant in the latter event Lessor shall have be entitled, if Lessor so elects, to compel the right prosecution of an action to contest, resolve all issues with due diligence, respect to such mechanic's lien and to pay the validity or amount of any the judgment in favor of the lienor (if any) with interest, costs and allowances. If Lessor shall pay, bond off or otherwise procure discharge of such lien or stop notice once discharged then the amount so paid by Lessor shall be repaid, forthwith upon Lessor's demand, by Lessee to Lessor with interest at the rate of record.
10.3 eighteen per cent (18%) from Lessor's payment to the date of Lessee's repayment, together with reasonable attorney's fees, if any, incurred by Lessor in connection therewith. Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of LandlordLessor, express or implied, 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 constructionspecific improvement, alteration, repair, replacement alteration to or improvement repair of the Demised Premises and Improvements to be made on the Demised Premises by Tenantor any part thereof, nor as giving Tenant any Lessee a right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materials. The Memorandum materials under circumstances that would give rise to the filing of Lease to be recorded by any mechanic's liens against Lessor's interest in the parties shall contain the statutorily required disclosures to effectuate Demised Premises or in this conceptlease.
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Mechanic’s Liens. 10.1 6.7.1 Tenant shall pay not create or cause permit to be paid created, and if created shall discharge or have released, any mechanics’ or materialmens’ lien arising during the Lease Term and affecting any or all costs for work done by it or caused to be done by it on of the Demised Premises or Improvementsthe Building, and Tenant will keep shall not permit any other matter or thing whereby Landlord’s estate, right and interest in any or all of the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantthe Building might be impaired. Tenant shall defend, indemnify and save hold harmless Landlord harmless against and from any and all liability, loss, damage, costs, claim of liability or expense (including but not limited to that of reasonable attorneys’ fees and all other expenses fees) incurred by Landlord 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of recordclaim.
10.3 6.7.2 If Tenant fails to discharge any such lien within fifteen (15) days after it first becomes effective against any of the Premises or the Building, then, in addition to any other right or remedy held by Landlord on account thereof, Landlord may (a) discharge it by paying the amount claimed to be due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of any action for the foreclosure of any such lien by the lienor and pay the amount of any judgment in favor of the lienor with interest, costs and allowances. Tenant shall reimburse the
6.7.3 Nothing in this Lease shall be deemed or construed in any way as constituting the (a) to constitute Landlord’s consent or request of Landlordrequest, express or implied, by inference or otherwise, to that any contractor, subcontractor, laborer or materialman, for the performance of materialmen provide any labor or the furnishing of any materials for any construction, alteration, repairaddition, replacement improvement or improvement repair to any or all of the Demised Premises and Improvements Premises, the Building and/or the Property, or (b) to be made on the Demised Premises by Tenant, nor as giving give Tenant any right, power or authority to contract contact for or permitpermit to be furnished any service or materials, on if doing so would give rise to the filing of any mechanics’ or materialmens’ lien against any or all of the Premises or the Building, or Landlord’s behalf estate or as interest therein, or (c) to evidence Landlord’s interest, consent that the rendering of any services Premises or the furnishing of Building be subjected to any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptsuch lien.
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Samples: Lease Agreement
Mechanic’s Liens. 10.1 No work performed by Tenant pursuant to this Lease, whether in the nature of erection, construction, remodeling, alteration or repair, shall be deemed to be for the immediate use and benefit of Landlord so that no mechanic's lien or other lien shall be allowed against the property or estate of Landlord by reason of any consent given by Landlord to Tenant to improve the Premises nor shall Landlord's interest in the Premises be subject to any liens for improvements of any kind made by or at the direction of the Tenant and Tenant agrees to so notify all its contractors. Tenant shall pay promptly all persons furnishing labor, materials or cause equipment with respect to be paid all costs for any work done performed by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantits contractor on or about the Premises. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During In the Term of this Lease, Tenant shall not suffer or permit event any mechanic’s, materialmen’s, attachment, execution 's lien or other liens or stop notices to attach or lien shall at any time be filed against the Demised Premises (including the Improvements thereon)by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices, equipment or materials performed or furnished, or against any lender alleged to have been performed or furnished, to Tenant or to anyone holding funds for any work the Premises through or improvement upon the Demised Premises or Improvementsunder Tenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, forthwith cause the same to be discharged of record by payment, deposit, order or bonded to the satisfaction of court or by bonding; provided, however, that Landlord. If Tenant shall have fail to cause such lien forthwith to be so discharged or bonded within ten (10) days after being notified of the filing thereof then, in addition to any other right or remedy of Landlord, Landlord may, at any time thereafter, bond or discharge the same by paying the amount claimed to contestbe due, with due diligence, and the validity or amount of any so paid by Landlord including but not limited to reasonable attorney's fees incurred by Landlord either defending against such lien or stop notice once discharged in procuring the discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Default Rate, shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rental.
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Samples: Lease Agreement (Vialog Corp)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's liens or other liens or stop notices to attach or be filed against placed upon the Demised Premises (including Premises, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordBuilding, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises Property and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractorperson for the performance of any labor or the finishing of any materials to the Premises, subcontractorthe Building, laborer or materialmanthe Property or any part thereof, nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic's or other liens against the Premises, the Building, or the Property. In the event any such lien is attached to the Premises, the Building, or the Property, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, attorneys fees, shall be paid by Tenant to Landlord promptly on demand as additional rent. In the event Landlord does consent to the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of to the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interestPromises, the rendering of any services Building, or the furnishing of Property by any materialsparty, which consent must be in writing, Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may require, including, but not limited to, Builder's Risk and Worker's Compensation insurance. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptTENANT SHALL WITHIN TEN (10) DAYS OF RECEIVING SUCH NOTICE OF LIEN OR CLAIM (A) HAVE SUCH LIEN OR CLAIM RELEASED OR (B) DELIVER TO LANDLORD A BOND IN FORM, CONTENT, AMOUNT AND ISSUED BY A SURETY SATISFACTORY TO LANDLORD, INDEMNIFYING, PROTECTING, DEFENDING AND HOLDING HARMLESS THE INDEMNITIES AGAINST ALL COSTS AND LIABILITIES RESULTING FROM SUCH LIEN OR CLAIM AND THE FORECLOSURE OR ATTEMPTED FORECLOSURE THEREOF.
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Samples: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Mechanic’s Liens. 10.1 No work performed by Tenant 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 Landlord, nor shall Tenant be deemed to be the agent of Landlord in performing such work, 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 Demised Premises. Tenant shall pay promptly all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it Tenant or caused to be done by it its contractor on or about the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under TenantPremises. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit If any mechanic’s, materialmen’s, attachment, execution 's or other liens or stop notices to attach or lien shall at any time be filed against the Demised Premises (including the Improvements thereon)by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials performed or furnished, or against any lender alleged to have been performed or furnished, to Tenant or to anyone holding funds for any work or improvement upon the Demised Premises through or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedunder Tenant, Tenant shall, within thirty (30) business days after receiving notice of the filing thereof or such other reasonable timethereof, cause the same to be discharged of record by paymentor bonded to the satisfaction of Landlord, deposit, order of court or by bonding; provided, however, that at Tenant's sole cost and expense. If Tenant shall have fail to cause such lien to be so discharged or bonded within such thirty (30)-day period, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the right same by paying the amount claimed to contestbe due, with due diligenceand the amount so paid by Landlord, the validity or amount of any including reasonable attorneys' fees, incurred by Landlord either in defending against such lien or stop notice once discharged in procuring the bonding or discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Interest Rate shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request Additional Rent within ten (10) days after Tenant's receipt of notice thereof from Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
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Samples: Lease Agreement (Silver Diner Development Inc /Md/)
Mechanic’s Liens. 10.1 Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may, at Tenant's instance, furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach, if at all, only to the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all costs for work done by it or caused to be done sums legally due and payable by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers or materialmen or others for work any labor performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for connection with any work performed by or improvement upon on behalf of Tenant on the Demised Premises on which any lien is or Improvements, except that Tenant shall can be permitted to mortgage validly and legally asserted against its leasehold interest in the Demised Premises or the improvements thereon and its that it will save and hold Landlord harmless form any and all loss, cost, or expense based on or arising out of asserted claims or liens incurred by Tenant against the leasehold estate or against the rights, titles, and interest of the Landlord in the Improvements, is provided for in Article 20 hereofPremises or under the terms of this Lease. If any such liensmechanics', stop notices materialmen's or other similar proceedings are lien shall at any time be filed against any part of the Premises on account of any work, labor or commencedservices performed or claimed to have been performed, Tenant or on account of any materials furnished or claimed to have been furnished, for or at the direction of Landlord or by any of Landlord's contractors or subcontractors, Landlord shall, within thirty twenty (3020) days after of receipt of written notice of the filing thereof form Tenant and without cost or such other reasonable timeexpense to Tenant, forthwith either cause the same to be (i) discharged of record by payment, depositbond, order of a court or by bonding; providedof competent jurisdiction, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to or (ii) contested, in which event any contractorjudgment or other process issued in such contest shall be paid or discharged before execution thereof. If any mechanics', subcontractor, laborer materialmen's or materialman, for other similar lien shall at any time be filed against any part of the performance Premises on account of any work, labor or the furnishing services performed or claimed to have been performed, or on account of any materials furnished or claimed to have been furnished, for or at the direction of Tenant or by any constructionof Tenants's contractors or subcontractors, alterationTenant shall, repairwithin twenty (20) days of receipt of written notice form Landlord and without cost or expense to Landlord, replacement or improvement of forthwith either cause the Demised Premises and Improvements same to be made on the Demised Premises (i) discharged of record by Tenantpayment, nor as giving Tenant bond, order of a court of competent jurisdiction, or otherwise, or (ii) contested, in which event any right, power judgment or authority to contract for other process issued in such contest shall be paid or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptdischarged before execution thereof.
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Mechanic’s Liens. 10.1 Tenant Notice is hereby given that Lessor shall pay not be liable for any work performed or cause to be paid all costs for work done by it or caused to be done by it performed on the Demised Premises for Lessee or Improvementsany subtenant, and Tenant will keep or for any materials furnished or to be furnished at the Demised Premises free for Lessee or any subtenant, and clear of all that no mechanic’s liens and 's or other liens due to lien for such work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During shall attach to the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution reversionary or other liens interest of Lessor. If, in connection with any work being performed by Lessee or stop notices any subtenant, or in connection with any materials being furnished to attach Lessee or any subtenant, any mechanics or other lien or charge shall be filed or made against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlordor any part thereof, or against if any lender holding funds for any work such lien or improvement upon the Demised Premises or Improvements, except that Tenant charge shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedmade against Lessor as owner, Tenant shallthen Lessee, at its cost and expense, within thirty (30) days after notice of the filing thereof such lien or such other reasonable timecharge shall have been filed or made, shall cause the same to be canceled and discharged of record by paymentpayment thereof or filing a bond or otherwise, depositand shall also defend any action, order suit or proceeding which may be brought for the enforcement of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged charge, and shall pay any damages, costs and expenses, including reasonable attorneys' fees, suffered or incurred thereby by Lessor, and shall satisfy and discharge any judgment entered therein within thirty (30) days from the entering of record.
10.3 Nothing such judgment by payment thereof, or by filing of a bond, or by furnishing to Lessor an unconditional letter of credit issued by a bank and in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlordan amount reasonably acceptable to Lessor, express or implied, by inference or otherwise. In the event of the failure of Lessee to discharge within such thirty (30) day period any hen, charge or judgment herein required to be paid or discharged by Lessee, Lessor may pay such item or discharge such liability by payment or bond or both, and Lessee shall repay to Lessor, upon demand, any contractorand all amounts paid by Lessor therefor, subcontractor, laborer or materialman, for the performance by reason of any labor or the furnishing of liability on any materials for such bond, and also any constructionand all incidental expenses, alterationincluding reasonable attorneys' fees, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises incurred by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLessor in connection therewith.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant Field Contractor shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution laborer’s or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenantmaterialman’s leasehold interest in this Lease, against Landlordlien, or any other lien, to exist upon lands or the property of City by reason of Field Contractor’s operations hereunder, and Field Contractor shall hold City harmless from and against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any all such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided. If, however, that Tenant as a result of any Unit Operations, any liens shall have be filed upon any lands within the right Unit Area owned by or subject to contestthe control of City or the State by any mechanic, laborer or materialman, Field Contractor shall, with due diligence, the validity and at its own cost and expense, defend any action brought to foreclose such lien, and such cost and expense shall be borne by Field Contractor and shall not be chargeable to any Contractor’s Net Profits Account, and, if it shall be necessary for City or amount State to defend or prosecute any action arising out of any such lien or stop notice once discharged for its own protection, Field Contractor shall pay and discharge all reasonable expense incurred in so doing at Field Contractor’s sole cost and expense, and such cost and expense shall not be chargeable to any Contractor’s Net Profits Account. In the event of record.
10.3 Nothing judgment being rendered in this Lease shall be deemed or construed favor of such claimant in any way as constituting such action, Field Contractor will promptly pay the consent or request same on final judgment, together with all costs of Landlordsuit, express or implied, by inference or otherwise, at Field Contractor’s sole cost and expense and such cost and expense shall not be chargeable to any contractor, subcontractor, laborer or materialman, for Contractor’s Net Profits Account. The foregoing provisions of this article shall not apply to the performance extent of the principal amount of any labor obligation giving rise to any such lien where such obligation was incurred by reason of compliance with any request, approval, or determination of the City Manager or the furnishing Unit Operator, and shall not apply to any other costs and expenditures to the extent they were incurred by reason of such compliance. Field Contractor shall exercise due care and diligence in protecting from defacement or destruction any materials notices of non-responsibility for liens which City may post, or cause to be posted, upon any construction, alteration, repair, replacement or improvement property of the Demised Premises and Improvements City used by Field Contractor hereunder. Field Contractor shall also comply with the provisions of Section 7.6 of the Unit Operating Agreement concerning Unit Operator’s obligations with respect to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptliens.
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Mechanic’s Liens. 10.1 No work performed by Tenant 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 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 shall pay promptly all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantits contractor on or about the Premises. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During In the Term of this Lease, Tenant shall not suffer or permit event any mechanic’s, materialmen’s, attachment, execution 's or other liens or stop notices to attach or lien shall at any time be filed against the Demised Premises (including the Improvements thereon)by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices, or against any lender materials performed or furnished, or alleged to have been performed or furnished, to Tenant or to anyone holding funds for any work the Premises through or improvement upon the Demised Premises or Improvementsunder Tenant, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, forthwith cause the same to be discharged of record by paymentor bonded to the satisfaction of Landlord, deposit, order of court or by bonding; provided, however, that If TENANT /s/ MP LANDLORD /s/ DPW Tenant shall have fail to cause such lien forthwith to be so discharged or bonded after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may bond or discharge the same by paying the amount claimed to contestbe due, with due diligence, and the validity or amount of any so paid by Landlord including reasonable attorney's fees incurred by Landlord either defending against such lien or stop notice once discharged in procuring the discharge of record.
10.3 Nothing in this Lease such lien, together with interest thereon at the Default Rate, shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptAdditional Rental.
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Samples: Lease Agreement (Newriders Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed stand against the Demised Premises (including the Improvements thereon)or any part thereof by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials done for, or against any lender supplied, or claimed to have been done for, or supplied to, Tenant or anyone holding funds for any work or improvement upon the Demised Premises or Improvementsany part thereof through under Tenant. If such lien shall at any time be field against the Demised Premises, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record within 15 days after the date of filing the dame, by either payment, deposit, order of court deposit or by bonding; provided, however, that bond. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of discharge any such lien within such period (or stop notice once discharged such period as may be required by any mortgagee to which this lease is subordinated), then, in addition to any other right or remedy of recordLandlord, Landlord may, but shall not be obligated , procure the discharge of the same either by paying the amount claimed to be due buy deposit in court or bonding, and/or Landlord shall be entitled , if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the linear with interest, costs, and allowances. Any amount paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expensed by Landlord , including reasonable counsel fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the then maximum legal rate per annum from the date of payment or deposit, shall become due and payable forthwith by Tenant to Landlord, or, at the option of Landlord, shall be payable by Tenant to Landlord as additional rent,, as provided in Article 15 hereof.
10.3 10.2 Nothing in this Lease shall be deemed to be, or construed in any way as constituting constituting, the consent or request of Landlord, express expressed or implied, by inference or otherwise, to any contractorperson , subcontractor, laborer firm or materialman, corporation for the performance of any labor or the furnishing of any materials material s for any construction, alterationrebuilding, repair, replacement alteration or improvement repair of or to the Demised Premises and Improvements to be made on the Demised Premises by Tenantor any part thereof, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or for the furnishing of any materialsmaterials which might in any way give rise to the right to file any lien against Landlord's interest in the Demised Premises. The Memorandum Landlord shall have the right to post and keep posted at all reasonable times on the Demised Premises any notices which Landlord shall be required to so post for the protection of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLandlord and Demised Premises from any such lien.
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Samples: Lease Modification Agreement (Comfort Systems Usa Inc)
Mechanic’s Liens. 10.1 Tenant has no authority, express or implied to encumber the Premises or take any action resulting in a lien being placed on the Premises. Tenant acknowledges that pursuant to State Law a mechanic's lien may not be filed against State Property. Notwithstanding the foregoing, if a mechanic's lien is wrongfully placed on the Premises, Tenant shall pay (a) immediately after it is filed or cause to be paid claimed, have released (by bonding or otherwise) any mechanics’, materialmens’ or other lien filed or claimed against any or all costs for work done by it or caused to be done by it on of the Demised Premises or the Improvements, by reason of labor or materials provided for or about any or all of the Premises, or the improvements during the Term or otherwise arising out of Tenant's use or occupancy of any or all of the Premises, the improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall (b) defend, indemnify and save hold harmless Landlord harmless against and from any and all liability, lossclaim of liability or expense (including, damageby way of example rather than of limitation, costs, that of reasonable attorneys’ fees and all other expenses ' fees) incurred by Landlord 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged claim. If Tenant fails to discharge any such lien within fifteen (15) days after it first becomes effective against any of record.
10.3 the Premises, then, in addition to any other right or remedy held by Landlord on account thereof, Landlord may (a) discharge it by paying the amount claimed to be due or by deposit or bonding proceedings, and/or (b) in any such event compel the prosecution of any action for the foreclosure of any such lien by the lienor and pay the amount of any judgment in favor of the lienor with interest, costs and allowances. Tenant shall reimburse Landlord for any amount paid by Landlord to discharge any such lien and all expenses incurred by Landlord in connection therewith, together with interest thereon at the rate of ten percent (10%) per annum from the respective dates of Landlord's making such payments for incurring such expenses (all of which shall constitute Additional Rent). Nothing in the provisions of this Lease shall be deemed or construed in any way as constituting the (a) to constitute Landlord's consent or request of Landlordrequest, express or implied, by inference or otherwise, to that any contractor, subcontractor, laborer or materialman, for the performance of materialman provide any labor or the furnishing of any materials for any construction, alteration, repairaddition, replacement improvement or improvement repair to any or all of the Demised Premises and Improvements Premises, or (b) to be made on the Demised Premises by Tenant, nor as giving give Tenant any right, power or authority to contract for or permitpermit to be furnished any service or materials, on Landlord’s behalf or as if doing so would give rise to Landlord’s interest, the rendering filing of any services mechanics' or materialmens; lien against any or all of the furnishing of Premises or Landlord's estate or interest therein, or (c) to evidence Landlord's consent that the Premises be subjected to any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptsuch lien.
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Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for give landlord twenty (20) days' prior written notice before any construction work done by it or caused to be done by it on the Demised Premises is undertaken by or Improvements, and Tenant will keep the Demised Premises free and clear on behalf of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from do all liability, loss, damage, costs, attorneys’ fees and all other expenses on account things reasonably necessary to prevent the filing of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's liens or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordCenter, or against any lender part thereof, by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding funds for the Premises, or any work part thereof, through or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofunder Tenant. If any such liens, stop notices or similar proceedings are filed or commencedlien shall at any time be filed, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, shall either cause the same to be discharged of record within twenty (20) days after the date of filing the same, or, if Tenant, in its discretion and good faith, determines that such lien should be contested, it shall furnish such security as may be required by law to prevent any foreclosure proceedings against the Center, or any part thereof, during the pendency of such contest. If Tenant shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to all other rights or remedies, landlord may, but shall not be obligated to, discharge the same (a) by paying the amount claimed to be due, (b) by procuring the discharge of such lien by deposit in court, (c) by giving security, or (d) in such other manner as is, or may be, prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, including all reasonable attorneys' fees to procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the maximum rate permitted by law from the date of payment, depositshall be repaid by Tenant to landlord on demand and, order if unpaid, may, at Landlord's election, be treated as an Additional Rent. Nothing herein contained shall imply any consent or agreement on the part of court Landlord to subject the Center, or by bonding; providedany part thereof, howeverto liability under any mechanic's lien law. Should Tenant be aware that any lien has been filed against the Premises or that any action has been filed which may affect Landlord's title to the Shopping Center ( or any portion thereof), that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop promptly give Landlord written notice once discharged of recordthereof.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause Section 17.01. If, subject to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming notwithstanding Landlord's consent as required under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer cause any changes, alterations, additions, improvements, installations or permit any mechanic’s, materialmen’s, attachment, execution repairs to be made to or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon at the Demised Premises or Improvementsshall cause any labor to be performed or material to be furnished in connection therewith, except that neither Landlord nor the Demised Premises, under any circumstances, shall be liable for the payment of any expense incurred or for the value of any work done or material furnished, and all such changes, alterations, additions, improvements, installations and repairs and labor and material shall be made, furnished and performed upon Tenant's credit alone and at Tenant's expense, and Tenant shall be permitted solely and wholly responsible to mortgage its leasehold interest in the Demised Premises contractors, laborers, and its interest in the Improvements, is provided for in Article 20 hereofmaterialmen furnishing and performing such labor and material. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialmanmaterialman to furnish to perform any such labor or material.
Section 17.02. If, because of any act or omission (or alleged act or omission) of Tenant any mechanic's or other lien, charge or order for the performance payment of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of money shall be filed against the Demised Premises and Improvements or the Building or Landlord's estate as Tenant under any ground or underlying lease (whether or not such lien, charge or order is valid or enforceable as such), for work claimed to have been for, or materials furnished to, Tenant, Tenant, at Tenant's expense, shall cause it to be made on the Demised Premises cancelled or discharged of record by Tenantbonding or otherwise within thirty (30) days after such filing, nor as giving and Tenant any rightshall indemnify Landlord against and save Landlord harmless from and shall pay all reasonable costs, power or authority to contract for or permitexpenses, on Landlord’s behalf or as to Landlord’s interestlosses, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptfines and penalties, including, without limitation, reasonable attorneys' fees resulting therefrom.
Appears in 1 contract
Samples: Lease (Ultrafem Inc)
Mechanic’s Liens. 10.1 Tenant shall promptly pay any contractors and materialmen who supply labor, work or cause materials to be paid all costs for work done by it or caused to be done by it on Tenant at the Demised Premises or Improvements, and Tenant will keep the Demised Property so as to minimize the possibility of a lien attaching to the Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantthe Property. Tenant shall indemnify and save Landlord harmless from take all liability, loss, damage, costs, attorneys’ fees and all other expenses on account steps permitted by law in order to avoid the imposition of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution laborer’s or other liens materialman’s lien upon the Premises or stop notices to attach the Property. Should any such lien or notice of lien be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against for work performed for Tenant other than by Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any cause such liens, stop notices lien or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same lien to be discharged of record by payment, deposit, order bond or otherwise within twenty-five (25) days after Tenant obtains knowledge of court the filing thereof or by bonding; providedafter Tenant’s receipt of notice thereof, howeverwhichever is earlier, that Tenant shall have the right to contest, with due diligence, regardless of the validity or amount of any such lien or stop notice once claim. If Tenant shall fail to cause such lien or claim to be discharged and removed from record within such twenty-five (25) day period, then, without obligation to investigate the validity thereof and in addition to any other right or remedy Landlord may have, Landlord may, but shall not be obligated to, contest the lien or claim or discharge it by payment, deposit, bond or otherwise; and Landlord shall be entitled to compel the prosecution of record.
10.3 Nothing an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest and costs. Any amounts so paid by Landlord and all costs and expenses including, without limitation, attorneys’ fees incurred by Landlord in connection therewith, together with interest at a rate of ten percent (10%) per annum from the respective dates of Landlord’s making such payment or incurring such cost or expense, which shall constitute Additional Rent payable hereunder promptly upon demand therefor. Except as otherwise expressly set forth herein, nothing in this Lease is intended to authorize Tenant to do or cause any work or labor to be done or any materials to be supplied for the account of Landlord, all of the same to be solely for Tenant’s account and at Tenant’s risk and expense. Further, notwithstanding anything to the contrary contained in this Lease, nothing contained in or contemplated by this Lease shall be deemed or construed in any way as constituting to constitute the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, Landlord for the performance of any labor work or services or the furnishing of any materials for which any construction, alteration, repair, replacement lien could be filed against the Premises or improvement the Building or the Property or any part of the Demised Premises and Improvements to be made on the Demised Premises by Tenantany thereof, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering performance of any work or services or the furnishing of any materialsmaterials for which any lien could be filed against the Premises, the Building, the Property or any part of any thereof. The Memorandum Throughout this Lease the term “mechanic’s lien” is used to include any lien, encumbrance or charge levied or imposed upon the Premises or the Property or any interest therein or income therefrom on account of Lease any mechanic’s, laborer’s or materialman’s lien or arising out of any debt or liability to be recorded or any claim or demand of any contractor, mechanic, supplier, materialman or laborer and shall include without limitation any mechanic’s notice of intention given to Landlord or Tenant, any stop order given to Landlord or Tenant, any notice of refusal to pay naming Landlord or Tenant and any injunctive or equitable action brought by the parties shall contain the statutorily required disclosures any person entitled to effectuate this conceptany mechanic’s lien.
Appears in 1 contract
Samples: Office Lease (Icon PLC /Adr/)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, This LeaseAgreement and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of State law strictly forbids the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, liens whatsoever by inference or otherwise, to any contractor, subcontractor, materialmen, laborer or materialman, other person for any work performed by or at the request of Tenant in or about the Premises. Notice of such prohibition may be given to such persons in a memorandum of lease recorded in the public records of the county in which the Premises is located. The purpose of this Section is to expressly exculpate and insulate Landlord from any liability whatsoever for the performance cost of any labor such work performed by or at the request of Tenant. The interest of Landlord in the Premises shall not be subject to foreclosure with respect to any such liens. In addition, Tenant shall cause any lien filed against the Premises in violation of this Section 14 to be released and discharged within ten (10) days after Landlord's written demand therefore and Tenant shall indemnify and hold Landlord harmless from and against any such lien and any cost, damages, charges and expenses incurred in connection with any such lien, including, without limitation, attorney’s fees. Nothing contained in this Section 14, or the furnishing LeaseAgreement, shall authorize Tenant to do any act which may create or be the foundation for any lien, mortgage or other encumbrance upon the reservation or other estate of Landlord, or of any materials for interest of Landlord in the Premises, or in the Property or improvements thereof; it being agreed that should Tenant cause any constructionalterations, alterationchanges, repairadditions, replacement improvements or improvement of the Demised Premises and Improvements repairs to be made on in the Demised Premises, or cause materials to be furnished or labor to be performed therein, neither Landlord nor the Premises by Tenantshall, nor as giving Tenant under any rightcircumstances, power or authority to contract be liable for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering payment of any services expenses incurred or for the furnishing value of any materialswork done or material furnished to the Premises or any part thereof. The Memorandum Tenant shall, upon request of Lease to Landlord, deliver such documents as may be recorded required by the parties shall contain the statutorily required disclosures Landlord in order to effectuate the lien protection required by this conceptSection; all such alterations, changes, additions, improvements and repairs and materials and labor shall be at Tenant's expense; and Tenant shall be solely and wholly responsible to contractors, laborers and materialmen furnishing labor and materials to the Premises, or any part thereof. Tenant shall inform every service or material provider of the foregoing provisions prior to contracting with any of them for goods or services.
Appears in 1 contract
Samples: Lease Agreement
Mechanic’s Liens. 10.1 Tenant shall pay or cause not be deemed to be paid all costs for work done by it the agent or caused representative of, or the contractor for, Landlord in making any alterations, additions or improvements to be done by it on the Demised Premises or ImprovementsLeased Premises, and Tenant will keep shall have no power or authority to encumber any interest in the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under TenantLeased Premises, except as expressly permitted herein. Tenant shall indemnify and save Landlord harmless from all liabilitynot permit or suffer any laborer's, lossmaterialman's, 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's or other similar liens or stop notices to attach or be filed against or otherwise imposed on any part of the Demised Premises Leased Premises. If any laborer's, materialman's, mechanic's or other similar lien or claim thereof is filed and if Tenant does not cause such lien to be released and discharged forthwith, or file a bond approved by Landlord in lieu thereof, on demand by Landlord (including but in all events prior to foreclosure thereof, or any interest of Landlord therein, or the Improvements thereonimposition of a civil or criminal fine with respect thereto), Tenant’s leasehold interest same shall constitute an Event of Default, and Landlord shall have the right, at its option, in addition to and cumulative of the rights and remedies provided in this Lease, against without the necessity of any notice or demand, vacate or release the same, including to pay all sums to obtain such release and discharge and Tenant shall reimburse Landlord for the same upon demand together with interest thereon at rate set forth in Section 4.4 from the date such costs are incurred until paid by Tenant. Tenant hereby agrees to indemnify, defend the Landlord, or at Xxxxxx’s sole cost and expense, against any lender holding funds for any work actions, lawsuits or improvement upon proceedings brought against the Demised Landlord as a result of liens filed against the Leased Premises or Improvements, except that due to the actions of Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in employees and contractors, and the ImprovementsTenant hereby agrees to indemnify, is provided for in Article 20 hereof. If defend, and hold harmless the Landlord against any such liens or claims of liens, stop notices and agrees to pay any judgment or similar lien against the Landlord or the Landlord’s property resulting from any such actions, suits, or proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same brought to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of enforce any such lien or stop notice once discharged of record.
10.3 claim. Nothing in this Lease contained herein, however, shall be deemed or construed in imply any way as constituting the consent or request agreement on the part of Landlord or anyone holding under Landlord to subject Landlord's interest to liability under any mechanic's or other lien law, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for regardless of whether the performance of any labor or the furnishing of any materials for any constructionsuch work, alterationlabor, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease materials to be recorded Tenant or anyone holding under Tenant shall have been consented to by the parties shall contain the statutorily required disclosures to effectuate this conceptLandlord.
Appears in 1 contract
Samples: Ground Lease Agreement
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other ’s liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)or any part thereof by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices, or against any lender materials supplied or claimed to have been supplied to Tenant or anyone holding funds for any work (or improvement upon claiming to hold) the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofany part thereof through or under Tenant. If any such liens, stop notices mechanic’s liens or similar proceedings are notice of lien shall at any time be filed against the Premises on account of an alleged debt of Tenant or commencedany notice of lien by a party engaged by Tenant or Xxxxxx’s contractor or materialmen to work on the Premises, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, shall cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise within forty-five (45) days after the date of filing the same, or in the event such party disputes the validity of such lien, such party may deposit 110% of the amount claimed by the lien holder in escrow with a title insurance company, and/or the other party, or as prescribed by law as security against foreclosure of the lien. If Tenant fails to discharge such mechanic’s lien within such period, then, in addition to any other right or remedy of Landlord hereunder, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by bonding; providedprocuring the discharge of such lien by deposit in court or by giving security or in such other manner as is or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, howeverand all reasonable legal and other expenses of such party, that Tenant shall have including reasonable attorneys’ fees, in procuring the right to contestdischarge of such lien, with due diligenceall necessary disbursements in connection therewith, with interest thereon at the validity or amount rate of any such lien or stop notice once discharged five percent (5%) per annum from the date of record.
10.3 Nothing in this Lease payment shall be deemed or construed in repaid by Tenant on demand. Any such amount owed by Tenant to Landlord shall become immediately due and payable by Xxxxxx as Additional Rent with the next succeeding installment of monthly Base Rent which shall become due after such demand. Nothing herein contained shall imply any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made agreement on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority part of Landlord to contract for or permit, on subject Landlord’s behalf or as estate to Landlordliability under any mechanic’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptlien law.
Appears in 1 contract
Samples: Lease Agreement
Mechanic’s Liens. 10.1 No work performed by Tenant 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 Landlord, nor shall Tenant be deemed to be the agent of Landlord in performing such work, 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 shall pay promptly all persons furnishing labor or cause materials with respect to be paid all costs for any work done performed by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantits contractor on or about the Premises. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit If any mechanic’s, materialmen’s, attachment, execution 's or other liens or stop notices to attach or lien shall at any time be filed against the Demised Premises (including the Improvements thereon)by reason of work, Tenant’s leasehold interest in this Leaselabor, against Landlordservices or materials performed or furnished, or against any lender holding funds for any work alleged to have been performed or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted furnished to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commencedTenant, Tenant shall, within thirty (30) days after receiving notice of thereof from the filing thereof or such other reasonable timeLandlord, cause the same to be discharged of record by paymentor bonded to the satisfaction of Landlord, deposit, order of court or by bonding; provided, however, that at Tenant's sole cost and expense. If Tenant shall have fail to cause such lien to be so discharged or bonded within such thirty (30)-day period, then, Landlord in its sole discretion, may bond or discharge the right same by paying the amount claimed to contestbe due, with due diligenceand the amount so paid by Landlord, the validity or amount of any including reasonable attorneys' fees, incurred by Landlord either in defending against such lien or stop notice once discharged in procuring the bonding or discharge of record.
10.3 Nothing in this such lien, together with interest thereon at the Lease Interest Rate shall be deemed or construed in any way due and payable by Tenant to Landlord as constituting the consent or request Additional Rent within ten (10) days after Tenant's receipt of notice thereof from Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease (Silver Diner Inc /De/)
Mechanic’s Liens. 10.1 Tenant shall pay or cause will not permit to be paid all costs for created or to remain undischarged any lien, encumbrance or charge (arising out of any work done or materials or supplies furnished, or claimed to have been done or furnished, by it any contractor, mechanic, laborer or caused materialman or any mortgage, conditional sale, security agreement or chattel mortgage, or otherwise by or for Tenant) which might be or become a lien or encumbrance or charge upon the Building or any part thereof or the income therefrom. Tenant will not suffer any other matter or thing whereby the estate, rights and interests of Landlord in the Building or any part thereof might be impaired. 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 Tenant or Tenant's contractor to be done by it work on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)Building or any part thereof, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty ten (3010) days after notice of the filing thereof or such other reasonable timethereof, will cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or by bonding; provided, however, that otherwise. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of any cause such lien or stop notice once of lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amounts claimed to be due or by procuring the discharge of record.
10.3 Nothing such lien by deposit or by bonding proceedings and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord and all costs and expenses, including reasonable attorneys' fees, incurred by Landlord in connection therewith, shall constitute Additional Rent payable by Tenant under this Lease and shall be deemed paid by Tenant to Landlord on demand. Nothing herein contained shall obligate Tenant to pay or construed in discharge any way as constituting the consent or request of lien created by Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Office Building Lease (Pe Corp)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all not permit any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against placed upon the Demised Premises (including Premises, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordBuilding, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises Property and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, person for the performance of any labor or the furnishing of any materials for to the Premises, the Building, or the Property or any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantpart thereof, nor as giving Tenant any right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to any mechanic’s or other liens against the Premises, the Building, or the Property. The Memorandum In the event any such lien is attached to the Premises, the Building, or the Property, then, in addition to any other right or remedy of Lease Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys’ fees, shall be paid by Tenant to Landlord promptly on demand as Additional Rent. If Landlord does consent to the performance of any labor or the furnishing of any materials to the Premises, the Building, or the Property by any party, which consent must be recorded in writing, Tenant shall be responsible for insuring that all such persons procure and maintain insurance coverage against such risks, in such amounts and with such companies as Landlord may require, including, but not limited to, Builder’s Risk and Worker’s Compensation insurance. Tenant shall within ten (10) days of receiving such notice of lien or claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the parties Indemnities against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. Tenant’s failure to comply with the provisions of the foregoing sentence shall contain be deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the statutorily required disclosures to effectuate this conceptrequirement of any additional notice or cure period.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall will pay or cause to be paid all costs and charges for work (a) done by it Tenant or caused to be done by it on Tenant, in or to the Demised Premises or ImprovementsPremises, and (b) for all materials furnished for or in connection with such work. Tenant will keep indemnify Landlord against and h Landlord, the Demised Premises free Premises, and clear the Building free, clear, and harmless of and from all mechanic’s mechanics' liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all liabilityclaims of liens, loss, damage, costs, attorneys’ fees and all other expenses liabilities liens, claims, and demands on account of claims such work by or on behalf of lien of laborers or materialmen or others for Tenant, other than work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During by Landlord pursuant to the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofWorkletter. If any such lienslien, stop notices at any time, is filed against the Premises or similar proceedings are filed any part of the Building or commencedland, Tenant shall, within thirty (30) days after notice of the filing thereof or will cause such other reasonable time, cause the same lien to be discharged of record within ten days after the filing of such lien, except that if Tenant desires to contest such lien, it will furnish Landlord, within such ten day period, security reasonably satisfactory to Landlord of at least 150% of the amount of the claim, plus estimated costs an interest, or comply with such statutory procedures as may be available to release the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Tenant will pay and satisfy the same at once, If Tenant fails to pay any charge for which a mechanics' lien has been filed, and has not given Landlord security as described above, or has not complied with such statutory procedures may be available to release the lien, Landlord may, at its option, pay such charge and related costs and interest, and the amount so paid, together with reasonable attorneys' fees incurred in connection with such lien, will be immediately due from Tenant to Landlord as additional rent. Nothing contained in this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Building or land I liability under any mechanics' or other lien law. If Tenant receives written notice that a lien has been or is about to be filed against the Premises, Building or land, or that any action affecting title to the Building or land has been commenced on account of work done by paymentor for or material furnished to or for Tenant, depositit will immediately give Landlord written notice of such notice. At least I S days prior to the commencement of work (including but not limited to any maintenance, order repairs, alterations, additions, improvements, or installations) in or to the Premises, by Tenant, Tenant will give Landlord written notice of court or by bonding; provided, however, that Tenant shall the proposed work and the names and addresses of the persons supplying labor and mat for the proposed work. Landlord will have the right to contest, with due diligence, post notices of nonresponsibility or similar written notices on the validity or amount of Premises in order protect the Premises against any such lien or stop notice once discharged of recordliens.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Office Lease (Virage Logic Corp)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanicdischarge, bond over, or otherwise satisfy any mechanics or materialmen’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be which has been filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlordarising out of work done for, or against any lender holding funds for any work materials furnished to Tenant, its contractors or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, subcontractors within thirty (30) days after following the date Tenant receives notice of that the filing thereof lien has been filed, or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that if Tenant shall have the right to contest, with due diligence, the validity or amount of is contesting any such lien or stop notice once the claims on which it is based, Tenant will have provided Landlord assurances against loss or damage reasonably satisfactory to Landlord. If Tenant shall fail to cause such lien to be discharged within such 30-day period, then, in addition to any other right or remedy of record.
10.3 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 or by bonding proceedings, and Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord in connection therewith plus interest at the Interest Rate within ten (10) days of receipt of an invoice from Landlord. Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, implied by inference or otherwise, to any contractor, subcontractor, laborer or materialman, materialman for the performance of any labor or the furnishing of any materials for any constructionspecific improvements, alteration, repair, replacement alteration to or improvement repair of the Demised Premises and Improvements to be made on or the Demised Premises by TenantProperty or any part thereof, nor as giving Tenant any a right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materials. The Memorandum materials that would give rise to the filing of Lease to be recorded by any mechanics’ liens against the parties shall contain Premises or the statutorily required disclosures to effectuate this conceptProperty.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on (a) Throughout the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this LeaseLease Term, Tenant shall not suffer or permit any mechanic’sliens to stand against the Demised Premises or any part thereof, materialmen’sby reason of any work, attachmentlabor, execution services or other liens materials done for, or stop notices supplied, or claimed to attach have been done for, or supplied to, Tenant or anyone holding the Demised Premises or any part thereof through or under Tenant. If any such lien shall at any time be filed against the Demised Premises (including the Improvements thereon)Premises, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record within ten (10) days after the date of filing the same, by either payment, deposit, order of court deposit or by bonding; provided, however, that bond. If Tenant shall have the right fail to contest, with due diligence, the validity or amount of discharge any such lien within such period, then, in addition to any other right or stop notice once discharged remedy of recordLandlord, Landlord may, but shall not be obligated to, procure the discharge of the same either by paying the amount claimed to be due by deposit in court or bonding, and/or Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid or deposited by Landlord for any of the aforesaid purposes, and all legal and other expenses of Landlord, including counsel fees, in defending any such action or in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith, together with interest thereon at the Interest Rate from the date of payment or deposit, shall become due and payable forthwith by Tenant to Landlord, or, at the option of Landlord, shall be payable by Tenant to Landlord as Additional Rent.
10.3 (b) Nothing in this Lease shall be deemed to be, or construed in any way as constituting constituting, the consent or request of Landlord, express expressed or implied, by inference or otherwise, to any contractorperson, subcontractor, laborer firm or materialman, corporation for the performance of any labor or the furnishing of any materials for any construction, alterationrebuilding, repair, replacement alteration or improvement repair of or to the Demised Premises and Improvements to be made on the Demised Premises by TenantPremises, nor or any part thereof, or as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materials, which might in any way give rise to the right to file any lien against or Landlord's interest in the Demised Premises. The Memorandum Landlord shall have the right to post and keep posted at all reasonable times upon the Demised Premises any notices which Landlord shall be required so to post for the protection of Lease to be recorded by Landlord and/or the parties shall contain the statutorily required disclosures to effectuate this conceptDemised Premises from any such lien.
Appears in 1 contract
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all not permit any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including Premises, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordBuilding, or against the Land. Upon completion of any lender holding funds for non-routine service, improvement or alteration that exceeds the aggregate cost of $5,000.00 in any work or improvement upon the Demised Premises or Improvementscalendar year, except that Tenant shall be permitted deliver to mortgage its leasehold interest Landlord final lien waivers from all contractors involved in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofsuch work. If any such liensa lien is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within thirty (30) 20 days after Landlord has delivered notice of the filing thereof to Tenant (or such other reasonable timeearlier time period as may be necessary to prevent the forfeiture of the Premises, the Building, the Land or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either: (a) pay the amount of the lien and cause the same lien to be discharged released of record record; or (b) discharge the same, by paymentthe deposit of a bond or other security with a court sufficient in form, depositcontent and amount to procure the discharge of such lien. If Tenant fails to timely take either such action, order then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within 20 days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of court “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or by bonding; providedother similar relationships). Accordingly, howeverall prospective contractors are hereby charged with notice that they look exclusively to Tenant to obtain payment for same, and that Tenant shall have the right has no authority to contest, with due diligence, the validity or amount of cause Landlord to enter into any such lien or stop notice once discharged of record.
10.3 contract. Nothing in this Lease herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, the Building, the Land or construed Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any Contractor any right or interest in any funds held by Landlord to reimburse Tenant for any portion of the cost of such work. Tenant shall indemnify, defend and hold harmless the Landlord Indemnitees from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees) in any way as constituting arising from or relating to the consent failure by Tenant to pay for any work performed, materials furnished, or obligations incurred by or at the request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum foregoing indemnity shall survive termination or expiration of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Lease Agreement (Zynex Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it Tenant or caused to be done by it Tenant on the Demised Premises (including work performed by Landlord or Improvements, its contractor at Tenant's request following the commencement of the Primary Lease Term) of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Demised Premises free and clear of all mechanic’s liens mechanics' liens, and other liens due to on account of work done for Tenant or persons claiming under Tenantit, excluding any Tenant Finish Work performed by Landlord pursuant to the Work Letter. Tenant shall indemnify hereby agrees to indemnify, defend, and save Landlord harmless of and from all liability, loss, damage, costs, or expenses, including attorneys’ fees and all other expenses ' fees, on account of any claims of lien any nature whatsoever including claims or liens of laborers or materialmen or others for work performed for or materials or supplies furnished for to Tenant or persons claiming under Tenant.
10.2 During . Should any liens be filed or recorded against the Term Premises or any action affecting the title thereto be commenced as a result of this Leasesuch work (which term includes the supplying of materials), Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other cause such liens or stop notices to attach or be filed against the Demised Premises removed of record within ten (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (3010) days after notice from Landlord. If Tenant desires to contest any claim of lien, Tenant shall furnish to Landlord adequate security (which may be in the form of a bond) of at least one hundred fifty percent (150%) of the filing thereof or such other reasonable timeamount of the claim, cause the same to be discharged of record by paymentplus estimated costs and interest and, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, if a final judgment establishing the validity or amount existence of any lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default of the foregoing or suit to foreclose the lien has been recorded or filed and shall not have given Landlord security as aforesaid, Landlord may (but without being required to do so) pay such lien or stop notice once discharged of record.
10.3 Nothing claim and any costs, and the amount so paid, together with reasonable attorney's fees incurred in this Lease connection therewith, shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving immediately due from Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease (Exactis Com Inc)
Mechanic’s Liens. 10.1 Landlord hereby NOTIFIES ALL MECHANICS, MATERIALMEN AND OTHER LIENORS THAT PURSUANT TO F.S. (ss)713.10, ANY LIENS UNDER F.S. CH. 713 SHALL EXTEND TO, AND ONLY TO, THE RIGHT, TITLE AND INTEREST OF THE PERSON WHO CONTRACTS FOR THE IMPROVEMENT IN QUESTION AND THAT NEITHER THE INTEREST OF LANDLORD NOR ANY SUPERIOR INTEREST IN THE DEMISED PREMISES AND ALL OTHER PORTIONS OF THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR ANY IMPROVEMENTS, SERVICES OR MATERIALS MADE BY, CONTRACTED FOR OR OTHERWISE AUTHORIZED BY TENANT OR BY ANY EMPLOYEE, CONTRACTOR OR AGENT OF TENANT. Tenant agrees that prior to contracting for any improvements, services or materials to be made in or delivered to the Demised Premises, Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on notify the Demised Premises or Improvements, and Tenant will keep contractor of the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenantforegoing provisions. Tenant further agrees that upon request of Landlord, Tenant shall indemnify and save execute a notice which sets forth the foregoing provisions, which notice may be recorded by Landlord harmless from all liability, loss, damage, costs, attorneys’ fees and all other expenses on account in the public records of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant.
10.2 During the Term of this Lease, county where the Premises are located. Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices 's lien to attach or be filed against the Demised interest of Landlord or Tenant in the Premises (including by reason of work, services or materials supplied to Tenant, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordPremises, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofpart thereof. If any such liens, stop notices or similar proceedings are lien shall be filed or commencedat any time, Tenant shallshall promptly, and in any event within thirty (30) days after notice of the filing thereof or such other reasonable timethereof, cause the same to be discharged of record by paymentrecord, deposit, order of court or by bonding; provided, however, that if Tenant shall have promptly bond such lien with a responsible surety company, Tenant may contest the right to contest, with due diligence, the amount or validity or amount of any such lien or stop notice once discharged of recordby appropriate proceedings, diligently prosecuted, and such contest shall defer for its duration Tenant's duty hereunder to discharge the same.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, for the performance of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this concept.
Appears in 1 contract
Samples: Lease Agreement (Smart Choice Automotive Group Inc)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all not permit any mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofconnection therewith. If Upon completion of any such lienswork, stop notices or similar proceedings are filed or commenced, whose cost exceeds $50,000 Tenant shall, within thirty (30) days after notice of upon the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed in any way as constituting the consent or written request of Landlord, express use commercially reasonable efforts to obtain and deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, promptly after discovery of the existence of such lien, either (1) pay the amount of the lien and cause the lien to be released of record, or implied(2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then and such failure continues ten (10) days following written notice from Landlord to Tenant of such failure, Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by inference Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or otherwiseother similar relationships). Accordingly, to all materialmen, contractors, artisans, mechanics, laborers and any contractorother persons now or hereafter contracting with Tenant, subcontractor, laborer any contractor or materialman, subcontractor of Tenant or any other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall defend, indemnify and Improvements hold harmless Landlord and its agents and representatives from and against all claims, demands, causes of action, suits, judgments, actual out of pocket damages (excluding consequential and punitive damages) and expenses (including attorneys’ fees) in any way arising from or relating to be made on the Demised Premises failure by Tenantany Tenant Party to pay for any work performed, nor as giving materials furnished, or obligations incurred by or at the request of a Tenant any right, power Party. This indemnity provision shall survive termination or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering expiration of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Lease Agreement (Efj Inc)
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall pay or cause to be paid all costs for work done deemed authorized and ordered by it or caused to be done by it on the Demised Premises or ImprovementsTenant only, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution ’s or other construction liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvementsthe Project in connection therewith. Upon completion of any such work, except that Tenant shall be permitted deliver to mortgage its leasehold interest in the Demised Premises Landlord final lien waivers from all contractors, subcontractors and its interest in the Improvements, is provided for in Article 20 hereofmaterialmen who performed such work. If any such liensa lien is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within thirty ten (3010) business days after Landlord has delivered notice of the filing thereof to Tenant (or such other reasonable timeearlier time period as may be necessary to prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record by payment, deposit, order of court record; or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any (2) diligently contest such lien and deliver to Landlord a bond or stop notice once discharged of record.
10.3 Nothing in this Lease other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest at the Default Rate, shall be deemed paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor,” “owner-agent” or construed in other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any way as constituting the consent other persons now or request hereafter contracting with Tenant, any contractor or subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord’s interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall indemnify, defend and Improvements to be made on hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the Demised Premises by Tenantforegoing, nor as giving Tenant any rightand their respective officers, power or authority to contract for or permitdirectors, on Landlord’s behalf or as to Landlord’s interestshareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the rendering “Indemnitees”) from and against any and all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys’ fees and disbursements and court costs) in any services way arising from or relating to the furnishing failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of any materialsa Tenant Party. The Memorandum foregoing indemnity shall survive the expiration or earlier termination of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Mechanic’s Liens. 10.1 The Tenant shall pay will not permit, during the term hereby granted, any mechanic's or cause other lien or order for payment of work, labor, services, or materials furnished or to be paid all costs for work done by it furnished to attach to or caused to be done by it on affect the Demised Premises premises or Improvementsany portion thereof, and Tenant agrees that it will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer cause or permit any mechanic’ssuch lien or order to attach to or affect the fee, materialmen’s, attachment, execution leasehold or other liens estate of the Landlord herein, or stop notices the building. The Tenant's obligation to attach keep the premises in repair, and its right to make alterations therein, if any, shall not be construed as the consent of the Landlord to the furnishing of any such work, labor or materials within the meaning of any present or future lien law. Notice is hereby given that the Tenant has no power, authority or right to do any act or to make any contract which may create, or be the foundation for, any lien upon the fee or leasehold estate of the Landlord in the premises or upon the land or buildings of which they are a part or the improvements now erected or hereafter to be erected upon the premises or the land or building of which the premises are a part; and if any such mechanic's or other lien or order shall be filed against the Demised Premises (including premises or the Improvements thereon)land or building of which the premises are a part, Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after the Tenant has notice of thereof, discharge said lien or order by payment, deposit or by bond fixed in a proper proceeding according to law. If the filing thereof Tenant shall fail to take such action, or shall not cause such other reasonable time, cause the same lien or order to be discharged within forty-five (45) days after the filing thereof, the Landlord may pay the amount of record such lien or discharge the same by payment, deposit, order of court deposit or by bonding; providedbond or in any other manner according to law, howeverand pay any judgment recovered in any action to establish or foreclose such lien or order, that Tenant shall have and any amount so paid, together with the right to contestexpenses incurred by the Landlord, with due diligenceincluding all attorneys, the validity or amount fees and disbursements incurred in any defense of any such lien action, bonding or stop notice once discharged of record.
10.3 Nothing in this Lease other proceeding, shall be deemed or construed additional rent. Any reasonable expenses incurred by Landlord in any way as constituting connection with the consent or request examination of Landlord, express or implied, by inference or otherwise, title to any contractor, subcontractor, laborer or materialman, for the performance premises in order to ascertain the existence of any labor lien or encumbrance and the furnishing discharge of any materials for any constructionrecord thereof, alterationshall be payable by Tenant to Landlord on demand, repairtogether with interest as aforesaid, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptadditional rent.
Appears in 1 contract
Samples: Lease Agreement (Healthworld Corp)
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution 's liens or other liens or stop notices to attach or be filed against placed upon the Demised Premises (including Premises, the Improvements thereon), Tenant’s leasehold interest in this Lease, against LandlordBuilding, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises Property and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any such lien or stop notice once discharged of record.
10.3 Nothing nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, person for the performance of any labor or the furnishing of any materials for to the Premises, the Building, or the Property or any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenantpart thereof, nor as giving Tenant any right, power power, or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materialsmaterials that would give rise to any mechanic's or other liens against the Premises, the Building, or the Property. The Memorandum In the event any such lien is attached to the Premises, the Building, or the Property, then, in addition to any other right or remedy of Lease Landlord, Landlord may, but shall not be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes including, but not limited to, reasonable attorneys' fees, shall be paid by Tenant to Landlord promptly on demand as Additional Rent. Tenant shall within ten (10) days of receiving such notice of lien or claim (a) have such lien or claim released or (b) deliver to Landlord a bond in form, content, amount and issued by surety, satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Indemnities against all costs and liabilities resulting from such lien or claim and the foreclosure or attempted foreclosure thereof. Tenant's failure to comply with the provisions of the foregoing sentence shall be recorded by deemed an Event of Default under Section 22. hereof entitling Landlord to exercise all of its remedies therefor without the parties shall contain the statutorily required disclosures to effectuate this conceptrequirement of any additional notice or cure period.
Appears in 1 contract
Mechanic’s Liens. 10.1 71.01 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 any work, labor or services rendered or materials furnished to or for the account of the Tenant upon or in connection with the Demised Premises, and that no mechanic’s or other liens for work, labor or services rendered or materials furnished to or for the account of the Tenant shall, under any circumstances, attach to or affect the reversionary or other estate or interest of the Landlord in or to the Demised Premises or in and to any alterations, repairs or improvements to be erected or made thereon.
71.02 The Tenant shall pay not suffer nor permit, during the term 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 improvement erected or to 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 Paragraph 3 of the printed form hereof. Nevertheless, Tenant shall hold the Landlord and the 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 Tenant shall make, or cause to be paid all costs for work done by it or caused to be done by it on made, upon the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear Premises.
71.03 If a notice of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlordfor labor or materials alleged to have been furnished, or against any lender holding funds for any work or improvement upon to be furnished at the Demised Premises to or Improvements, except that Tenant for the Lessee or to or for someone claiming under the Lessee; and if the Lessee shall fail to take such action as shall cause such lien to be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices discharged or similar proceedings are filed or commenced, Tenant shall, bonded within thirty (30) days after notice to Tenant of same; the filing thereof or such other reasonable time, cause the same to be discharged of record Lessor may discharge it by payment, deposit, order of court deposit or by bonding; , proceeding, and in the event of such deposit or bonding proceedings, the Lessor may require the lienor to prosecute an appropriate action to enforce the lienor’s claim. In such case, the Lessor may pay any judgement recovered on such claim. Any amount paid or expense incurred by the Lessor, as in the clause provided, howeverand any expense incurred or sum of money paid by the Lessor by reason of the failure or the Lessee to comply with this provision of this Lease, that Tenant shall have the right to contest, with due diligence, the validity or amount of in defending any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease action, shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, be additional rent for the performance Demised Premises, and shall be due and payable by the Lessee to the Lessor on the first day of the next following month or at the option of the Lessor, on the first day of the succeeding month. The receipt by the Lessor of any labor installment of the regular stipulated rent hereunder or the furnishing any of such additional rent shall not be a waiver of any materials for other additional rent then due.
71.04 Notwithstanding anything to the contrary, any construction, alteration, repair, replacement or improvement of mechanic’s lien filed against the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf Work or as to Landlord’s interest, work performed by Landlord during the rendering Lease term are excluded from the provisions of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptArticle 71 herein.
Appears in 1 contract
Samples: Office Lease (Emerging Vision Inc)
Mechanic’s Liens. 10.1 Tenant shall The Contractor agrees that it will pay or cause to be paid paid, all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, premises; and Tenant will the Contractor shall keep the Demised Premises premises free and clear of all mechanic’s 's liens or other liens. The Contractor agrees to and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify indemnify, protect, defend, and save Landlord the University to be free and harmless from against any and all liability, loss, damage, costs, attorneys’ fees attorney's fees, and all other expenses expenses, on account of claims claim(s) of lien of laborers or materialmen material persons, or others for work performed or materials and/or material or supplies furnished for Tenant to the Contractor or persons claiming under Tenant.
10.2 During it. If the Term Contractor shall desire to contest any claim of lien, it shall furnish the University adequate security of equal value or an amount equal to the claim plus estimated costs and interest. In place of this Leaseamount, Tenant the Contractor may supply a bond from a responsible surety, in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, the Contractor shall pay and satisfy the same at once. If the Contractor is in default in paying any charge for which a mechanic's lien claim and suit to foreclosure of the lien has been filed, and has not given the University security to protect the property and the University against such claim of lien, the University may, but shall not suffer or permit be required to, pay the said claim and any mechanic’scost. The amount so paid, materialmen’stogether with reasonable attorney's fees incurred in connection therewith, attachmentshall be immediately due and owing from the Contractor to the University, execution or other liens or stop notices and the Contractor shall pay the same to attach or the University, with interest, at the maximum lawful rate from the date the University incurs the debt. Should any claims of lien be filed against the Demised Premises (including premises or any action affecting the Improvements thereon)title to such property be commenced, Tenant’s leasehold interest in this Lease, against Landlord, the party receiving notice of such lien or against any lender holding funds for any work or improvement upon action shall forthwith give the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises other party written notice thereof. The University and its interest in the Improvements, is provided for in Article 20 hereof. If any such liens, stop notices or similar proceedings are filed or commenced, Tenant shall, within thirty (30) days after notice of the filing thereof or such other reasonable time, cause the same to be discharged of record by payment, deposit, order of court or by bonding; provided, however, that Tenant representative shall have the right to contestgo upon and inspect the premises at all reasonable times, with due diligenceand shall have the right to post, and keep posted thereon, notices of nonresponsibility, or such other notices which the validity or amount University may deem to be proper for the protection of the University's interest in the premises. The Contractor shall, before the commencement of any such lien or stop notice once discharged of record.
10.3 Nothing in this Lease shall be deemed or construed work, which might result in any way as constituting lien, give the consent or request University written notice of Landlord, express or implied, by inference or otherwise, its intention to any contractor, subcontractor, laborer or materialman, for do so in sufficient time to enable the performance posting of any labor or the furnishing of any materials for any construction, alteration, repair, replacement or improvement of the Demised Premises and Improvements to be made on the Demised Premises by Tenant, nor as giving Tenant any right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, the rendering of any services or the furnishing of any materials. The Memorandum of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptsuch notice(s).
Appears in 1 contract
Samples: Contract for Retail Food Services
Mechanic’s Liens. 10.1 Tenant shall pay or cause to be paid all costs for work done by it or caused to be done by it on the Demised Premises or Improvements, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other mechanics' liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon)Premises, nor against Tenant’s 's leasehold interest in this Leaseestate hereunder, against Landlordby reason of work, labor, services or against materials supplied or claimed to have been supplied to Tenant or anyone holding any lender holding funds for any work or improvement upon the Demised Premises or Improvements, except that Tenant shall be permitted to mortgage its leasehold interest in the Demised Premises and its interest in the Improvements, is provided for in Article 20 hereofor any part thereof through or under Tenant. If any such liens, stop notices or similar proceedings are mechanic's lien shall at any time be filed or commencedagainst the Premises, Tenant shall, within thirty (30) days after notice of the filing thereof thereof, or sooner, and within ten (10) days after demand from Landlord if required in order to close a sale or financing involving the Premises (and which notice shall refer to such other reasonable timeten (10) day period and this sentence), cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then Landlord may (without complying with any other provision contained in this Lease) discharge the same either by paying the amount claimed to be due or by bonding; providedprocuring the discharge of such lien by deposit or by bonding proceedings, howeverand in any such event Landlord shall be entitled, that Tenant shall have if Landlord so elects, to compel the right prosecution of an action for the foreclosure of such lien by the lienor and to contest, with due diligence, pay the validity or amount of any such lien or stop notice once discharged the judgment in favor of record.
10.3 the lienor with interest, costs and allowance. Nothing in this Lease contained shall be deemed or construed in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, materialman for the performance of any labor or the furnishing of any materials for any constructionspecific improvement, alteration, repair, replacement alteration to or improvement repair of the Demised Premises and Improvements to be made on the Demised Premises by Tenantor any part thereof, nor as giving Tenant any a right, power or authority to contract for or permit, on Landlord’s behalf or as to Landlord’s interest, permit the rendering of any services or the furnishing of any materials. The Memorandum materials that would give rise to the filing of Lease to be recorded by any mechanic's lien against the parties shall contain the statutorily required disclosures to effectuate this conceptPremises.
Appears in 1 contract
Mechanic’s Liens. 10.1 All work performed, materials furnished, or obligations incurred by or at the request of a Tenant Party shall pay or cause to be paid all costs for work done deemed authorized and ordered by it or caused to be done by it on the Demised Premises or ImprovementsTenant only, and Tenant will keep the Demised Premises free and clear of all mechanic’s liens and other liens due to work done for Tenant or persons claiming under Tenant. Tenant shall indemnify and save Landlord harmless from all 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 Tenant.
10.2 During the Term of this Lease, Tenant shall not suffer or permit any mechanic’s, materialmen’s, attachment, execution or other 's liens or stop notices to attach or be filed against the Demised Premises (including the Improvements thereon), Tenant’s leasehold interest in this Lease, against Landlord, or against any lender holding funds for any work or improvement upon the Demised Premises or Improvementsthe Project in connection therewith. Upon completion of any such work, except that Tenant shall be permitted deliver to mortgage its leasehold interest in the Demised Premises Landlord final lien waivers from all contractors, subcontractors and its interest in the Improvements, is provided for in Article 20 hereofmaterialmen who performed such work. If any such liensa lien is filed, stop notices or similar proceedings are filed or commenced, then Tenant shall, within thirty ten (3010) business days after Landlord has delivered notice of the filing thereof to Tenant (or such other reasonable timeearlier time period as may be necessary to prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either:
(1) pay the amount of the lien and cause the same lien to be discharged released of record by payment, deposit, order of court or by bondingrecord; provided, however, that Tenant shall have the right to contest, with due diligence, the validity or amount of any or
(2) diligently contest such lien and deliver to Landlord a bond or stop notice once discharged of record.
10.3 Nothing in this Lease other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be deemed paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of "landlord-tenant" (thereby excluding a relationship of "owner-contractor," "owner-agent" or construed in other similar relationships). Accordingly, all materialmen, contractors, artisans, mechanics, laborers and any way as constituting the consent other persons now or request hereafter contracting with Tenant, any contractor or subcontractor of Landlord, express Tenant or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman, other Tenant Party for the performance of any labor or the furnishing of any materials labor, services, materials, supplies or equipment with respect to any portion of the Premises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord's interest therein due to any work performed by or for Tenant or deemed to give any contractor or subcontractor or materialman any right or interest in any funds held by Landlord to reimburse Tenant for any construction, alteration, repair, replacement or improvement portion of the Demised Premises cost of such work. Tenant shall indemnify, defend and Improvements to be made on hold harmless Landlord, its property manager, Invesco, any subsidiary or affiliate of the Demised Premises by Tenantforegoing, nor as giving Tenant any rightand their respective officers, power or authority to contract for or permitdirectors, on Landlord’s behalf or as to Landlord’s interestshareholders, partners, employees, managers, contractors, attorneys and agents (collectively, the rendering "INDEMNITEES") from and against all claims, demands, causes of action, suits, judgments, damages and expenses (including attorneys' fees) in any services way arising from or relating to the furnishing failure by any Tenant Party to pay for any work performed, materials furnished, or obligations incurred by or at the request of any materialsa Tenant Party. The Memorandum foregoing indemnity shall survive termination or expiration of Lease to be recorded by the parties shall contain the statutorily required disclosures to effectuate this conceptLease.
Appears in 1 contract
Samples: Office Lease Agreement (Zix Corp)
